[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR351.203]

[Page 241-242]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 351_REDUCTION IN FORCE--Table of Contents
 
                      Subpart B_General Provisions
 
Sec. 351.203  Definitions.

    In this part:
    Competing employee means an employee in tenure group I, II, or III.
    Current rating of record is the rating of record for the most 
recently completed appraisal period as provided in Sec. 351.504(b)(3).
    Days means calendar days.
    Function means all or a clearly identifiable segment of an agency's 
mission (including all integral parts of that mission), regardless of 
how it is performed.
    Furlough under this part means the placement of an employee in a 
temporary nonduty and nonpay status for more than 30 consecutive 
calendar days, or more than 22 workdays if done on a discontinuous 
basis, but not more than 1 year.
    Local commuting area means the geographic area that usually 
constitutes one area for employment purposes. It includes any population 
center (or two or more neighboring ones) and the surrounding localities 
in which people live

[[Page 242]]

and can reasonably be expected to travel back and forth daily to their 
usual employment.
    Modal rating is the summary rating level assigned most frequently 
among the actual ratings of record that are:
    (1) Assigned under the summary level pattern that applies to the 
employee's position of record on the date of the reduction in force;
    (2) Given within the same competitive area, or at the agency's 
option within a larger subdivision of the agency or agencywide; and
    (3) On record for the most recently completed appraisal period prior 
to the date of issuance of reduction in force notices or the cutoff date 
the agency specifies prior to the issuance of reduction in force notices 
after which no new ratings will be put on record.
    Rating of record has the meaning given that term in Sec. 430.203 of 
this chapter. For an employee not subject to 5 U.S.C. Chapter 43, or 
part 430 of this chapter, it means the officially designated performance 
rating, as provided for in the agency's appraisal system, that is 
considered to be an equivalent rating of record under the provisions of 
Sec. 430.201(c) of this chapter.
    Reorganization means the planned elimination, addition, or 
redistribution of functions or duties in an organization.
    Representative rate means the fourth step of the grade for a 
position subject to the General Schedule, the prevailing rate for a 
position under a wage-board or similar wage-determining procedure, and 
for other positions, the rate designated by the agency as representative 
of the position.
    Transfer of function means the transfer of the performance of a 
continuing function from one competitive area and its addition to one or 
more other competitive areas, except when the function involved is 
virtually identical to functions already being performed in the other 
competitive area(s) affected; or the movement of the competitive area in 
which the function is performed to another commuting area.
    Undue interruption means a degree of interruption that would prevent 
the completion of required work by the employee 90 days after the 
employee has been placed in a different position under this part. The 
90-day standard should be considered within the allowable limits of time 
and quality, taking into account the pressures of priorities, deadlines, 
and other demands. However, a work program would generally not be unduly 
interrupted even if an employee needed more than 90 days after the 
reduction in force to perform the optimum quality or quantity of work. 
The 90-day standard may be extended if placement is made under this part 
to a low priority program or to a vacant position.

[51 FR 319, Jan. 3, 1986, as amended at 58 FR 65533, Dec. 15, 1993; 60 
FR 3062, Jan. 13, 1995; 62 FR 62500, Nov. 24, 1997]