Evening star., 1953-12-16
Court Upho|ds
Rec|assifying
|0fU. 5. Jobs
President Has Right
To End Safeguards
Against Firings
By Howord |. Dutkin

Lie I1SII O1 IIlG ETcSlQ6IlC 10
reclassify Government employees
into non-classif1ed positions from
which they may be summarily
fired was upheld today by Fed
eral Judge Richmond B. Keech.
Judge Keech said he is aware
chat under (the court's) decision
the statutory safeguards from
summary removal relied on by a
large number of Government
employees is held not to exist"
He asserted THE question of the
desirability of this situation is
not a matter for the court"
In his opinion. which could
affect virtually every Federal EN-
ploye. Judge Keech cited a law
under which the President Is
given authority Ito prescribe
such regulations for the admis-
sion of persons into the civil
service of the United States as
may best promote efficiency
thereof"
General Grant of Authority.
Of this, Judge Keech said:
Under this general grant Of
authority he may determine
whether positions shall be in
cluded or excepted from the
classified civil service. There is
no express limitation on this
power"
The judge said to contend
that, although the President has
authority to change positions
from classified protected by civil
service) to excepted, such action
cannot affect any position occu-
pied by an incumbent with COM
petitive status, "is to imply a
limitation which would withdraw
from the Presidents power to re-
classify as excepted every posi-
ton in the Government occupied
by competitive status employe
until the present incumbent re-
signed, retired. died, or was re-
moved under charges"
Such a result is not war;
ranted," he said. by the language
of present statutes.
The judges ruling in the u. S.
District Court for the District Of
Columbia. rejected a move by
Leo A. Roth. former Justice
Department attorney, to get his
job back. '
Mr.. Roth, salaried at $10.800
a year, was notified of dismissal
last July 81. He had been placed
in a schedule A (civil service
exempt) category.
But he told the court he was
a competitive employe with a
civil service classification on a
permanent basis at the time Of
the discharge and. therefore. he
could not be fired without hav-
ing a charge placed against him.
He contended that because of
prior competitive status he was
exempted from the firing provi-
sion.
Judge Keech held there is
no statutory bar to reclassify
positions as schedule A ex-
cepted positions or to permitting
summary removal of persons in
such reclassifled schedule A po-
sitions. :" The case was re-
garded as test of civil service
safeguards.
Amended by Eisenhower.
In 1947 President Truman
placed all Government attorneys
on schedule A as excepted from
the competitive service. Later,
through another Truman order,
it was provided that civil service
regulations should apply to re-
movals from schedule A posi-
tionS, not of a primarily conf
dental or policy-making charac-
ter, of persons who had COM
petitive status.
But last June the civil service
regulations were amended by an
order of President Eisenhower to
provide that civil service regu-
lations shall not apply to any re-
movals from schedule "A posi-
tions.
Mr.. Roth asserted he had
taken a competitive examination
in 1888 and was successful. He
transferred to Justice in 1943 as
a classified worker until the 1947
executive order placing all JUS
tice lawyers in schedule A.
Unbenfen Terms Get