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Article 17: Reassignments

Section 1

The Employer has the right to reassign employees based upon legitimate management considerations.  The Employer will consider assertions by the employee that the reassignment will cause undue personal hardship.

Section 2

A. Prior to filling a vacant position, the Employer will, in this order:

  • seriously consider candidates for reassignment because of hardship as described below in Section 3; and
  • consider voluntary requests for reassignment as described below in Section 4.

B. The employee must be qualified for any position to which he or she requests reassignment.

Section 3

A. The Employer agrees to seriously consider an employee's request for reassignment when the employee demonstrates that a significant hardship exists, including, but not limited to the following:

  • a serious medical condition affecting a member of an employee's immediate family, as defined in the Family Medical Leave Act;
  • access to special education or a medical facility that is not available in the employee's current commuting area;
  • the employee's spouse or life partner has received either a job in a new location or military orders to relocate outside the employee's current commuting area; and
  • the employee's hardship would be relieved by his or her reassignment.

B. An employee desiring consideration for reassignment based upon significant hardship may submit a request to the Office of Human Resources. The employee must provide appropriate documentation concerning the situation or condition that gave rise to the significant hardship request along with his or her resume/application and most recent performance appraisal.  The employee must indicate the specific bargaining unit position and Division/Office/Regional Office to which he or she seeks reassignment.

C. A request under this Section will be forwarded by the Office of Human Resources to the Division/Office/Regional Office specified in the reassignment request within one (1) week of receipt.  The request will remain active for a period of six (6) months from the date that the employee's application package (as outlined above) is forwarded by the Office of Human Resources to the Division/Office/Regional Office specified in the reassignment request.  After six (6) months, a request will no longer be in effect unless the employee has updated it.

D. Nothing in this Article precludes an employee from applying for a position in response to a vacancy announcement.

Section 4

A. The Employer will consider an employee's request for voluntary reassignments.

B. If an employee requests voluntary reassignment, he or she must submit a current resume and most recent performance appraisal to the Office of Human Resources for each reassignment request.  Each reassignment request must indicate the position(s) sought.  While the Employer will continually accept reassignment requests throughout the year, it will only forward requests to the appropriate Divisions/Offices/Regional Offices three (3) times a year (as soon as possible after April 30th, August 31st, December 31st).

C. For example, if a staff attorney in the Division of Market Regulation wishes to transfer to the Division of Enforcement at the Atlanta Regional Office, he or she would submit his or her resume to the Office of Human Resources indicating that he or she would like to be considered for a Division of Enforcement staff attorney position in the Atlanta Regional Office.  If the resume is received on February 15th, it will be forwarded, as soon as possible after April 30th, to the Atlanta Regional Office along with all other resumes of excepted service employees who wish to be considered for positions in the Atlanta Regional Office received by the Office of Human Resources between January 1st and April 30th.  The employees on this list will be considered for reassignment for a period of four (4) months after the Atlanta Regional Office receives the list.  A staff attorney in the Division of Enforcement (Headquarters) requesting reassignment to the Division of Enforcement at the Atlanta Regional Office, would follow the same procedures. A staff attorney in the Division of Investment Management requesting reassignment to a different office within the Division of Investment Management would follow the same procedures.  Each list will be under consideration for a period of four (4) months after receipt by the appropriate Division/Office/Regional Office.

D. Nothing in this Article precludes an employee from applying for a position in response to a vacancy announcement.

Section 5

A. In reviewing requests from employees who have requested voluntary reassignment because of hardship or otherwise, the Employer will consider reassignment requests as described in Section 2 of this Article. The Employer will consider requests for reassignment as described in Sections 3 and 4 of this Article prior to filling a position with a candidate from outside the bargaining unit.  Nevertheless, nothing in this Article precludes the Employer from continually considering and interviewing external candidates for positions in the bargaining unit.

B. While the selecting official will review reassignment requests as described above in Section 2 of this Article, the selecting official or the hiring committee is not precluded from beginning its consideration of employees on the voluntary reassignment list before making a final decision on whether to select or not select employees who have requested reassignment for hardship reasons. Furthermore, the selecting official or hiring committee is not precluded from beginning its consideration of candidates from other sources before making a decision on whether to select or not select employees who have requested voluntary reassignment.  Nothing in this Article precludes the selecting official or hiring committee from selecting an employee from any of the active reassignment lists it has previously considered.

C. If an employee has already been considered and not selected for a particular position, the same selecting official or hiring committee may reconsider him or her for the same position if another vacancy exists, but is not required to do so. Nevertheless, the Employer encourages the reconsideration of employees on these lists during the relevant four-month period, even those employees previously passed over for a particular vacancy.  The Employer will seriously reconsider hardship reassignment requests in connection with each vacancy.

D. The selecting official can interview all, some, or none of the employees on the voluntary reassignment lists.  If the selecting official interviews fewer than all employees on a voluntary reassignment list, he or she must be able to articulate why he or she chose to interview that employee (or employees).

E. When the voluntary reassignment lists expire, the Employer will notify each employee on the list that the list has expired, that he or she was not selected and that he or she may resubmit a request for reassignment.

Section 6

A. Unless a reassignment is directed for a specific employee(s) for legitimate management considerations, the Employer will follow the following procedures prior to effecting an involuntary reassignment of an employee(s).

1. The Employer will determine which employees are qualified for the reassignment.

2. The Employer will solicit volunteers from within the pool of qualified employees.

3. If there are more volunteers than needed, the Employer will reassign the employee(s) with the greatest amount of Agency seniority.

4. If there are not enough volunteers, the Employer will reassign the employee(s) with the least amount of Agency seniority.

B. As soon as practicable, the Employer agrees to give an employee who will be involuntarily reassigned reasonable advance notice setting forth the reasons for the reassignment.

Section 7

The provisions of this Article will not apply to any reassignment resulting from a major reorganization, restructuring or closing of Divisions/Offices/Regional Offices. In such cases, the Employer agrees to provide the Union with advance notice of an opportunity to bargain in accordance with the requirements of Article 40 (Office Relocations and Openings) and/or Article 6 (Mid-term Bargaining) of this Agreement.