[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR351.403]

[Page 245-246]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 351--REDUCTION IN FORCE--Table of Contents
 
                     Subpart D--Scope of Competition
 
Sec. 351.403  Competitive level.

    (a)(1) Each agency shall establish competitive levels consisting of 
all positions in a competitive area which are in the same grade (or 
occupational level) and classification series, and which are similar 
enough in duties, qualification requirements, pay schedules, and working 
conditions so that an agency may reassign the incumbent of one position 
to any of the other positions in the level without undue interruption.

[[Page 246]]

    (2) Competitive level determinations are based on each employee's 
official position, not the employee's personal qualifications.
    (3) Sex may not be the basis for a competitive level determination, 
except for a position OPM designates that certification of eligibles by 
sex is justified.
    (4) A probationary period required by subpart I of part 315 of this 
chapter for initial appointment to a supervisory or managerial position 
is not a basis for establishing a separate competitive level.
    (b) Each agency shall establish separate competitive levels 
according to the following categories:
    (1) By service. Separate levels shall be established for positions 
in the competitive service and in the excepted service.
    (2) By appointment authority. Separate levels shall be established 
for excepted service positions filled under different appointment 
authorities.
    (3) By pay schedule. Separate levels shall be established for 
positions under different pay schedules.
    (4) By work schedule. Separate levels shall be established for 
positions filled on a full-time, part-time, intermittent, seasonal, or 
on-call basis. No distinction may be made among employees in the 
competitive level on the basis of the number of hours or weeks scheduled 
to be worked.
    (5) By trainee status. Separate levels shall be established for 
positions filled by an employee in a formally designated trainee or 
developmental program having all of the characteristics covered in 
Sec. 351.702(e)(1) through (e)(4) of this part.
    (c) An agency may not establish a competitive level based solely 
upon:
    (1) A difference in the number of hours or weeks scheduled to be 
worked by other-than-full-time employees who would otherwise be in the 
same competitive level;
    (2) A requirement to work changing shifts;
    (3) The grade promotion potential of the position; or
    (4) A difference in the local wage areas in which wage grade 
positions are located.

[51 FR 319, Jan. 3, 1986, as amended at 60 FR 3062, Jan. 13, 1995; 62 FR 
62500, Nov. 24, 1997]