Federal Register

Executive Order 12107--Relating to the Civil Service Commission and labor-management in the Federal Service

Source: The provisions of Executive Order 12107 of Dec. 28, 1978, appear at 44 FR 1055, 3 CFR, 1978 Comp., p. 264, unless otherwise noted.

By virtue of the authority vested in me as President by the Constitution and statutes of the United States of America, and by Section 403 of Reorganization Plan No. 2 of 1978 (43 FR 36037), it is hereby ordered as follows:

Section 1

Implementation of Reorganization Plan No. 2 of 1978

1-1. Office of Personnel Management.

1-101. Establishment of Office of Personnel Management. The establishment of the Office of Personnel Management and of the positions of Director, Deputy Director, and Associate Directors of that Office, as provided in Sections 101 and 103 of Reorganization Plan No. 2 of 1978, shall be effective on January 1, 1979.

1-102. Transfer of Functions. Section 102 of Reorganization Plan No. 2 of 1978, transferring functions to the Director of the Office of Personnel Management, shall be effective on January 1, 1979.

1-2. Merit Systems Protection Board.

1-201. Redesignation of Civil Service Commission. The redesignation of the Civil Service Commission as the Merit Systems Protection Board and of the Commissioners as Members of the Board as provided in Section 201 of Reorganization Plan No. 2 of 1978 shall be effective on January 1, 1979.

1-202. Functions of the Merit Systems Protection Board. The functions of the Merit Systems Protection Board as provided in Section 202 and the savings provisions of Section 203 of Reorganization Plan No. 2 of 1978 shall be effective on January 1, 1979.

1-3. The Special Counsel.

1-301. Establishment of the Office of Special Counsel. The establishment of the Office of Special Counsel to the Merit Systems Protection Board as provided in Section 204(a) of Reorganization Plan No. 2 of 1978 shall be effective on January 1, 1979.

1-302. Functions of the Special Counsel. The transfer of functions provided for in Section 204(b) and the performance of functions set forth in Section 204(c)-(g) of Reorganization Plan No. 2 of 1978 shall be effective on January 1, 1979.

1-4. The Federal Labor Relations Authority.

1-401. The Establishment of the Federal Labor Relations Authority and the Office of General Counsel. The establishment of the Federal Labor Relations Authority as provided in Section 301 and the Office of General Counsel of the Authority as provided in Section 302 of Reorganization Plan No. 2 of 1978 shall be effective on January 1, 1979.

1-402. The Federal Service Impasses Panel. The continuation of the Federal Service Impasses Panel established under Executive Order No. 11491, as amended, as a distinct organizational entity within the Federal Labor Relations Authority as provided in Section 303 of Reorganization Plan No. 2 of 1978, shall be effective on January 1, 1979.

1-403. Functions of the Federal Labor Relations Authority, the General Counsel, and the Federal Service Impasses Panel. The transfer of functions provided for in Section 304 of Reorganization Plan No. 2 of 1978 shall be effective on January 1, 1979.

1-5. General.

1-501. General Effective Date. All other provisions of Reorganization Plan No. 2 of 1978 shall be effective on January 1, 1979.

Section 2

Redesignations, Amendments to Rules and Executive Orders and General Provisions

2-1. Redesignations.

2-101. Office of Personnel Management. [Deleted]

[Sec. 2-101, as amended by Executive Order 12126 of Mar. 29, 1979, and Executive Order 12128 of Apr. 4, 1979, amends Executive orders relating to the Civil Service Rules, ethics, and other matters of Presidential interest, including Executive Order 8743of Apr. 23, 1941, Chapter 5; Executive Order 10577of Nov. 23, 1954, Chapter 5; Executive Order 10641 of Oct. 26, 1955, codified at 5 CFR Parts 8.1-8.4; Executive Order 10717of June 27, 1957, Chapter 5; Executive Order 10927 of Mar. 18, 1961, which was revoked by Executive Order 12353of Mar. 23, 1982; Executive Order 11183of Oct. 3, 1964, Chapter 5; Executive Order 11222of May 8, 1965, Chapter 5; Executive Order 11246of Sept. 24, 1965, Chapter 29; Executive Order 11315of Nov. 17, 1966, Chapter 5; Executive Order 11451 of Jan. 19, 1969, which was superseded by Executive Order 12136 of May 15, 1979; Executive Order 11541of July 1, 1970, Chapter 34; Executive Order 11570of Nov. 24, 1970, Chapter 39; Executive Order 11639of Jan. 11, 1972, Chapter 5; Executive Order 11648 of Feb. 16, 1972, which amends Executive Order 11183 Chapter 5; Executive Order 11721of May 23, 1973, Chapter 5; Executive Order 11935 of Sept. 2, 1976, codified at 5 CFR Part 7.4; Executive Order 12004 of July 20, 1977, which amends Executive Order 11721 Chapter 5; Executive Order 12014 of Oct. 19, 1977, which amends Executive Order 10717 Chapter 5; Executive Order 12043 of Mar. 7, 1978, codified at 5 CFR Parts 6.1, 6.6, 9.6, 9.20; and any other orders, including Executive Order 9721 of May 10, 1946, which was revoked by Executive Order 12553 of Feb. 25, 1986, that relate to functions or areas of responsibility delegated to the Office of Personnel Management. The amendments have been incorporated into the orders codified in this volume.

Sec. 2-101 also amends other Executive orders relating to Federal Personnel Management, and membership on councils, boards, and committees, including Executive Order 8744 of Apr. 24, 1941, which was revoked by Executive Order 12608 of Sept. 9, 1987; Executive Order 9230 of Aug. 20, 1942, which amends Executive Order 8743,Chapter 5; Executive Order 9712 of Apr. 13, 1946, which amends Executive Order 8743,Chapter 5; Executive Order 9628of Sept. 25, 1945, Chapter 5; Executive Order 9830of Feb. 24, 1947, Chapter 5; Executive Order 9932 of Feb. 27, 1948, which was revoked by Executive Order 12292 of Feb. 23, 1981; Executive Order 9961 of May 19, 1948, which amends Executive Order 9830,Chapter 5; Executive Order 10000of Sept. 16, 1948, Chapter 5; Executive Order 10242 of May 8, 1951, which was revoked by Executive Order 12148of July 20, 1979; Executive Order 10422of Jan. 9, 1953, Chapter 22; Executive Order 10450of Apr. 27, 1953, Chapter 5; Executive Order 10459 of June 2, 1953, which amends Executive Order 10422,Chapter 22; Executive Order 10530of May 10, 1954, Chapter 47; Executive Order 10549 of Aug. 2, 1954, 19 FR 4871, 3 CFR, 1954-1958 Comp.; Executive Order 10550 of Aug. 5, 1954, which amends Executive Order 10450,Chapter 5; Executive Order 10552of Aug. 10, 1954, Chapter 5; Executive Order 10556of Sept. 1, 1954, Chapter 5; Executive Order 10647of Nov. 28, 1955, Chapter 32; Executive Order 10763 of Apr. 23, 1958, which amends Executive Order 10422,Chapter 22; Executive Order 10774 of July 25, 1958, which was revoked by Executive Order 12553 of Feb. 25, 1986; Executive Order 10804 of Feb. 12, 1959, which was revoked by Executive Order 11552 of Aug. 24, 1970; Executive Order 10826of June 25, 1959, Chapter 5; Executive Order 10880 of June 7, 1960, which was revoked by Executive Order 12608 of Sept. 9, 1987; Executive Order 10903of Jan. 9, 1961, Chapter 22; Executive Order 10973 of Nov. 3, 1961, which was revoked by Executive Order 12163of Sept. 29, 1979; Executive Order 10982of Dec. 25, 1961, Chapter 5; Executive Order 11103of Apr. 10, 1963, Chapter 5; Executive Order 11171 of Aug. 18, 1964, codified at 35 CFR Part 251; Executive Order 11203of Mar. 12, 1965, Chapter 5; Executive Order 11219of May 6, 1965, Chapter 5; Executive Order 11228of June 14, 1965, Chapter 5; Executive Order 11264 of Dec. 31, 1965, which was revoked by Executive Order 12363of May 21, 1982; Executive Order 11348of Apr. 20, 1967, Chapter 5; Executive Order 11355 of May 26, 1967, which amends Executive Order 10647 Chapter 32; Executive Order 11422 of Aug. 15, 1968, which was revoked by Executive Order 12553 of Feb. 25, 1986; Executive Order 11434 of Nov. 8, 1968, which was revoked by Executive Order 12363of May 21, 1982; Executive Order 11438of Dec. 3, 1968, Chapter 32; Executive Order 11490 of Oct. 28, 1969, which was revoked by Executive Order 12656of Nov. 18, 1988; Executive Order 11521of Mar. 26, 1970, Chapter 38; Executive Order 11552of Aug. 24, 1970, Chapter 5; Executive Order 11561of Sept. 25, 1970, Chapter 5; Executive Order 11579of Jan. 19, 1971, Chapter 31; Executive Order 11589of Apr. 1, 1971, Chapter 5; Executive Order 11603 of June 30, 1971, which was superseded by Executive Order 12137of May 16, 1979; Executive Order 11609of July 22, 1971, Chapter 34; Executive Order 11639of Jan. 11, 1972, Chapter 5; Executive Order 11744of Oct. 24, 1973, Chapter 5; Executive Order 11817of Nov. 5, 1974, Chapter 5; Executive Order 11890 of Dec. 10, 1975, which amends Executive Order 10422 Chapter 22; Executive Order 11895of Jan. 6, 1976, Chapter 5; Executive Order 11899of Jan. 22, 1976, Chapter 5; Executive Order 11938 of Sept. 29, 1976, which amends Executive Order 10000 Chapter 5; Executive Order 11955of Jan. 10, 1977, Chapter 5; Executive Order 12008 of Aug. 25, 1977, which was revoked by Executive Order 12364of May 24, 1982; Executive Order 12015of Oct. 26, 1977, Chapter 5; Executive Order 12027of Dec. 5, 1977, Chapter 5; Executive Order 12049of Mar. 27, 1978, Chapter 32; Executive Order 12067of June 30, 1978, Chapter 29; Executive Order 12070 of June 30, 1978, which was superseded by Executive Order 12510 of Apr. 17, 1985; Executive Order 12089 of Oct. 23, 1978, which was revoked by Executive Order 12379 of Aug. 17, 1982; Executive Order 12105of Dec. 19, 1978, Chapter 5; and any other orders, including Executive Order 11491of Oct. 29, 1969, Chapter 5; Executive Order 11636 of Dec. 17, 1971, which was revoked by Executive Order 12292 of Feb. 23, 1981; Executive Order 11701of Jan. 24, 1973, Chapter 41; and Executive Order 11787 of June 11, 1974, which was revoked by Executive Order 12553 of Feb. 25, 1986, that relate to functions or areas of responsibility delegated to the Office of Personnel Management. The amendments have been incorporated into the orders codified in this volume.]

2-102. Merit Systems Protection Board. [Deleted]

[Sec. 2-102 amends Executive Order 11787 of June 11, 1974, and Executive Order 10774 of July 25, 1958, both of which were revoked by Executive Order 12553 of Feb. 25, 1986.]

2-103. Amending the Civil Service Rules. [Deleted]

[Sec. 2-103 amends Executive Order 10577 of Nov. 22, 1954, codified at 5 CFR Parts 1-9.]

2-104. Effectiveness of Rule Changes. The amendments to rules shall be effective on January 1, 1979, to the extent provided by law on that date.

2-2. Revocation of Executive Orders and Delegations of Functions.

2-201. Revocation of Executive Orders and Delegation of Functions to the Director. Executive Orders numbered 10540 and 10561 are revoked and the authority vested in the President by Section 202(c)(1)(C) of the Annual Sick Leave Act of 1951, as amended, and the authority of the President, pursuant to the Civil Service Act of January 16, 1883, to designate official personnel folders in government agencies as records of the Office of Personnel Management and to prescribe regulations relating to the establishment, maintenance and transfer of official personnel folders, are delegated to the Director of the Office of Personnel Management. Any rules, regulations, directives, instructions or other actions taken pursuant to the authority delegated to the Director of the Office of Personnel Management shall remain in effect until amended, modified, or revoked pursuant to the delegations made by this Order.

2-202. Savings Provision. All personnel actions and decisions affecting employees or applicants for employment made on or before January 11, 1979 shall continue to be governed by the applicable Executive order, and the rules and regulations implementing that Order, to the same extent as if that Executive order had not been revoked effective January 11, 1979 unless amended, modified or revoked pursuant to this Order.

2-3. Labor Management Relations in the Federal Service

[Sec. 2-3 amends Executive Order 11491 of Oct. 29, 1969, Chapter 5, p. . The amendments have been incorporated into that order.]

2-4. General Provisions.

2-401. Study and Report Provisions. The Director of the Office of Personnel Management is directed to conduct a study of Executive orders listed in Section 2-101(a) and (b) and to coordinate the study with such other agencies as may be named in or affected by these orders. The Director of Personnel Management and the Director of the Office of Management and Budget are directed to submit a report on or before July 1, 1981 to the President concerning the performance of functions specified in these Executive orders and any other Executive orders affecting the functions or responsibilities of the Office of Personnel Management. The report shall contain specific detailed recommendations for the continuation, modification, revision or revocation of each Executive order.

2-402. Continuing Effect of this Order. Except as required by the Civil Service Reform Act of 1978 as its provisions become effective, in accord with Section 7135 of Title 5, United States Code, as amended, and in accord with Section 902(a) of that Act, the provisions of this Order shall continue in effect, according to its terms, until modified, terminated or suspended.

2-403. Transfers and Determinations.
(a) The records, property, personnel and positions, and unexpended balances of appropriations or funds related to Civil Service Commission functions reassigned by this Order that are available, or to be made available, and necessary to finance or discharge the reassigned functions are transferred to the Director of the Office of Personnel Management, the Federal Labor Relations Authority, or the Federal Service Impasses Panel, as appropriate.
(b) The Director of the Office of Management and Budget shall make such determinations, issue Orders and take all actions necessary or appropriate to effectuate the transfers or reassignments provided by this Order, including the transfer of funds, records, property and personnel.

2-404. Effective Date. Except as otherwise specifically provided in this Order, this Order shall be effective on January 1, 1979.


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