[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR351.704]

[Page 254-255]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 351_REDUCTION IN FORCE--Table of Contents
 
             Subpart G_Assignment Rights (Bump and Retreat)
 
Sec. 351.704  Rights and prohibitions.

    (a)(1) An agency may satisfy an employee's right to assignment under 
Sec. 351.701 by assignment to a vacant position under Sec. 351.201(b), 
or by assignment under any applicable administrative assignment 
provisions of Sec. 351.705, to a position having a representative rate 
equal to that the employee would be entitled under Sec. 351.701. An 
agency may also offer an employee assignment under Sec. 351.201(b) to a 
vacant position in lieu of separation by reduction in force under 5 CFR 
part 351. Any offer of assignment under Sec. 351.201(b) to a vacant 
position must meet the requirements set forth under Sec. 351.701.
    (2) An agency may, at its discretion, choose to offer a vacant 
other-than-full-time position to a full-time employee or to offer a 
vacant full-time position to an other-than-full-time employee in lieu of 
separation by reduction in force.
    (b) Section 351.701 does not:
    (1) Authorize or permit an agency to assign an employee to a 
position having a higher representative rate;
    (2) Authorize or permit an agency to displace a full-time employee 
by an other-than-full-time employee, or to satisfy an other-than-full-
time employee's right to assignment by assigning the employee to a 
vacant full-time position.
    (3) Authorize or permit an agency to displace an other-than-full-
time employee by a full-time employee, or to satisfy a full-time 
employee's right to assignment by assigning the employee to a vacant 
other-than-full-time position.
    (4) Authorize or permit an agency to assign a competing employee to 
a temporary position (i.e., a position under an appointment not to 
exceed 1 year), except as an offer of assignment in lieu of separation 
by reduction in force under this part when the employee has no right to 
a position under Sec. 351.701 or Sec. 351.704(a)(1) of this part. This 
option does not preclude an agency from, as an alternative, also using a 
temporary

[[Page 255]]

position to reemploy a competing employee following separation by 
reduction in force under this part.
    (5) Authorize or permit an agency to displace an employee or to 
satisfy a competing employee's right to assignment by assigning the 
employee to a position with a different type of work schedule (e.g., 
full-time, part-time, intermittent, or seasonal) than the position from 
which the employee is released.

[51 FR 319, Jan. 3, 1986, as amended at 56 FR 65417, Dec. 17, 1991; 60 
FR 3063, Jan. 13, 1995; 63 FR 63591, Nov. 16, 1998]