SECTION 12.30 TRANSFERS
Last Update: 11/03
Specific
information about the transfer process is found in Article VII of each
agreement. For collective bargaining
purposes, the term transfer refers only to movement by employees between
positions in the same job classification. (The SPOC collective bargaining agreement recognizes movement
between Peace Officers job classes as transfers.)
Employing Units
The
agreements specify different transfer procedures for transfers within and
between employing units. For each
bargaining unit the employing units are defined in the agreement.
An
employing unit is not necessarily the same as a work unit. A work unit is usually smaller than an
employing unit and is distinguished for purposes of overtime distribution, vacation
scheduling, and staffing. It is
important that these units be defined within each department.
TRANSFER RESTRICTIONS
Eligibility for Transfer
Only
contract-covered employees who have permanent status may request a contract
transfer to another position in the same class either within or between
employing units. Transfer requests may
only be made when the location, shift, days off, or job assignment is different
from those to which the employee is currently assigned.
In the
IUP agreement, there are additional eligibility requirements. To be eligible to transfer, an employee must
meet all of those requirements.
For
all agreements, supervisors are responsible to ensure that the employees making
the transfer request are eligible prior to granting the request.
Permanent Vacancy
A
permanent vacancy exists when the position meets one of the criteria set forth
in the transfer article of the applicable agreement.
The
transfer process must be used when filling a permanent vacancy covered by a
bargaining agreement. The employer is
not required to transfer an employee to a position that management decides to
leave vacant.
Denial of Transfer
Note: Transfers for SPOC covered positions are not mandatory. The Employer must accept and review transfer
requests but may deny any transfer request.
The
appointing authority or designee may refuse an employee’s transfer request if
it can be demonstrated that the employee does not possess the ability to do the
job and cannot be reasonably expected to be able to perform satisfactorily
within a short period of orientation time (2-3 months). In addition, an employee may be denied
transfer if the transfer would impair operational efficiency. The “operational efficiency” clause may be
applied to either the original vacancy to which the employee is seeking a
transfer or applied to the resulting vacancy.
Impairment of efficiency must be substantial in order to deny the
transfer request and must be clearly documented.
It is
not always possible, however, to deny a transfer on the basis of an employee’s
lack of skills. For example, if a
Maintenance Repairer vacancy required performance of a variety of maintenance
activities, you cannot select a single skill and deny transfers on the basis of
candidates not having that skill. If a
particular skill is absolutely essential to successful performance, contact the
agency’s personnel officer prior to posting the position. All special skills listed on the job posting
must be demonstrably job related.
Employees
may not be denied a transfer for a lack of skill or training if the alternative
is to hire or promote someone who also does not possess that skill or
training. For example, if there is a
vacancy for a trained medication passer and none of the transfer candidates
have the required training, the transfer cannot be denied because of the need
to substantially retrain or train if the result is that an outsider would be
hired and put into a medication passing training program in order to meet the
needs of the job.
A
transfer denial must first be cleared through the agency’s personnel
officer. If an employee grieves the
denial of a transfer, the appointing authority is not obligated to transfer the
grieving employee into the desired position until directed to do so by a higher
authority in the grievance and/or arbitration process.
Frequency of Transfer
AFSCME
covered employees may not contractually transfer more than once every six
months either within or between employing units unless they are reassigned by
management within the six month period following a contract transfer. If employees are reassigned within the
six-month period, their contract transfer right is reinstated. Professional social services, professional
fiscal and staff employees, and SPOC covered employees may not contractually
transfer more than once every 12 months (except that Department of Human
Services field office staff and Department of Corrections employees may
transfer no more than once every 6 months) either within or between employing
units unless they are reassigned by management within the 12 month period
following a contract transfer. If
reassigned, their contract transfer right is reinstated. Further, AFSCME
covered employees may not transfer more than twice during the two year term of
the collective bargaining agreement.
However, if a transfer under the AFSCME agreement is to a position under
the supervision of the employee’s current supervisor, the transfer shall not be
counted towards the limitation of two transfers during the two year period.
EXAMPLE: A blue-collar employee is allowed to
contractually transfer on July 1st. On
September 10th, management reassigns the employee to another position. On or
after September 10th, the employee may submit a contract transfer request and
be eligible to transfer.
The
time period required between transfers begins when the transfer becomes
effective, not when the employee makes the transfer request.
Pay Upon Transfer
A
contract transfer is made at the request of the employee. Moving expenses will not be granted upon
contractual transfer. (See exceptions
in SPOC agreement.)
Recall Considerations
Employees
who have responded to posted vacancies within the employing unit will have
priority to the vacancies prior to those vacancies being offered to employees
or former employees who have recall rights from layoff. Check the applicable agreement and Chapter 4
of this manual to determine the order of transfer and recall when filling a
vacancy.
TRANSFER REQUEST PROCESS
Employee
transfer requests must be submitted in writing. A standardized form may be made available to employees for their
use in seeking transfers within the employing unit.
Transfer
requests between employing units must be maintained and used for two years
unless retracted by the employee or unless the employee declines transfer
opportunities within and between employing units in a certain period. The specific number of denials and time
period requirements are found in the applicable agreement. Whenever an employee declines a transfer
opportunity, a notation to that effect shall be made on the transfer request
form.
AFSCME
and IUP covered employees responding to a transfer posting within the employing
unit must accept the position when offered if they have not withdrawn their
name prior to the closing of the posting period. If they refuse, it can be considered as failure to report to
assigned duty. Consult with your
personnel officer if this should occur.
Transfer Between Employing
Units
An
employee requesting a transfer between employing units needs to complete a
transfer request form and submit the request to the prospective employing
unit. The request to transfer between
employing units must be on file prior to the date the position was posted for
transfer within the employing unit. The
employee is responsible for submitting a separate request form for each job
class in each agency where he or she is interested in transferring.
The form shall be filled out completely and legibly. Forms which do not comply with the requirements or do not provide sufficient information shall be returned to the employee. Upon receipt at the desired employing unit, the form shall be date-stamped, initialed, and filed.
Contacting the Candidate
It is
appropriate to contact potential transfer candidates from other employing units
either by telephone or mail to offer the job, pass on specifics about the job
and reporting time, and elicit necessary information from the candidate. To speed up the process, all candidates may
be contacted at the same time, advised of their seniority with respect to
others who have requested transfer, and questioned regarding their interest in
the job should they become the most senior candidate. All candidates who are contacted should be subsequently advised
if a more senior candidate accepts the position.
Before
an employee is officially advised of a transfer offer between employing units,
the personnel officer or the supervisor filling the position must contact the
transfer candidate’s present employing unit to determine if the employee has
already transferred internally during the preceding six months for employees
under the AFSCME agreements or the preceding 12 months for those under IUP,
SPOC, and in the AFSCME professional, fiscal, and staff unit. This procedure is to ensure that employees
are not transferring contractually both within and between employing units more
than once within the prescribed time period.
Reporting Time
In
situations of between unit or between agency transfers, a viable candidate must
be willing to report for work within a reasonable time which is normally
considered to be two weeks or a pay period.
That time may be extended if the vacancy can remain open for additional
time, or if both the sending unit and receiving unit agree on additional time.
Filling Vacancies
For
additional information on the procedures for filling vacancies, see Chapter 4
of this manual.