Section 1.

A. A transfer of function is 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) effected; or the movement of the competitive area in which the function is performed to another commuting area.

B. A function is all or a clearly identifiable segment of the mission of NIH, including all integral parts of that mission, regardless of how it is performed, but generally excluding an individual job or task.

Section 2.

A. The Employer retains the right to determine the organization of employees within the Agency, and in accordance with applicable law, regulations and this Agreement, to assign, release and retain employees within the Agency, to remove or reduce in grade such employees.

B. Transfers of function shall be carried out in accordance with applicable law, regulations and this Agreement.

Section 3.

A. When an employees work transfers, they are entitled to transfer with it only if the lack of an opportunity to do so would result in their demotion or separation from the Agency.

B. The Employer retains the right to reassign employees to different duty stations for just cause. For all actions invoked under this section, the Employer will pay all associated expenses to maximum extent allowable under law.

Section 4.

A. When a transfer of function is to be effected, the Employer will identify employees for transfer with a function in the losing competitive area. Employees to be transferred will be identified as follows:

(1) METHOD ONE - A competing employee will be identified with a transferring function if the employee performs the function during all or a major part of their work time; or, regardless of the amount of time the employee performs the function during their work time, if the function performed includes the duties controlling the employees grade or rate of pay. Method One will be used to identify each position to which it is applicable.

(2) METHOD TWO - Competing employees who perform the function during less than half of their work time will be identified with a transferring function in the inverse order of their retention standing for reduction in force purposes unless the procedure would result in the separation or demotion of an employee with a higher retention standing, in which case the losing competitive area must identify competing employees in the order of their retention standing. Method Two will be used only when Identification Method One is not available.

B. As the needs of the Agency allow, volunteers in the losing competitive area will be allowed to transfer in place of those employees identified for transfer of function under Method One or Two provided:

1. The volunteers are in the same competitive level(s) as the employees identified under Method Two; and

2. No competing employee identified for transfer under Method One or Method Two will be separated or demoted solely because a volunteer transferred in their place to the gaining competitive area.

C. When the Employer determines that employees in more than one competitive level are interchangeable for transfer of function purposes, competitive levels will be combined for the purpose of allowing for volunteers.

D. Selections for transfer will then be made in the order of the volunteer's standing on the retention register for their competitive level(s), up to the maximum number of employees the Employer has determined will be transferred with their function. If there are insufficient volunteers to make up this number, Method One or Two, as appropriate, will be used to identify the remaining employees to be transferred.

Section 5. Adverse action procedures pursuant to Article 30 may be used to separate an employee who declines to transfer with a function.

Section 6.

A. When a transfer of function occurs while a reduction in force is already in progress in the losing competitive area, the Employer may determine that the movement of employees with the function is not essential to the continuity and efficiency of the function. In such circumstances, at the discretion of the Employer, reduction in force procedures may be used to release from their competitive levels those employees who have declined to move with their function. Any separations and displacements will be treated as part of the concurrent reduction in force.

B. Reduction in force procedures will not be used to separate employees who decline to move with their function unless a reduction in force is already in progress in the losing competitive area and the Employer determines that reduction in force procedures rather than adverse action procedures will be used.

C. When the losing competitive area identifies and transfers more employees than the gaining competitive area needs to carry on the function, the gaining competitive area will follow reduction in force procedures if necessary to relieve the surplus, in accordance with government-wide rules and Article 29, if applicable.

1. After competing employees in the losing competitive area have indicated whether they will accompany their function, the rights of employees who have decided to accompany their function will be determined by combining the retention registers of the segment being transferred with the appropriate registers of the competitive area receiving the function. A determination of the rights of the incoming employees will not require a physical relocation or a paper transfer to the gaining competitive area.

2. Those employees in the losing competitive area who compete unsuccessfully for retention in the gaining competitive area will not be transferred, either on paper or physically relocated, to the gaining competitive area in order to be separated. They will be separated from the losing competitive area acting as agent for the gaining competitive area.

D. A transfer of function will not result in personnel actions affecting employees of the gaining competitive area when the transfer does not require a reduction in force on the gaining end.

A. The Employer shall provide a specific written notice to each employee identified for transfer with a function at least sixty (60) calendar days prior to the effective date whenever possible and practicable. The notice will advise employees of the transfer of function and request their decision as to whether they will accompany their function to the new location. The notice will include all information available on the date of issuance, such as the title, grade, and location of the new position; what action is being taken; the effective date of the action; and what is involved in acceptance or rejection of the offer of transfer.

B. It is recognized that in some situations, information such as the title or grade of the position to which an employee is being transferred will not be available. Such a circumstance will occur when a reduction in force is necessary in the gaining competitive areas as a result of a transfer of function. This notice will advise them that they will be afforded applicable reduction in force rights if the offer to transfer the function is accepted. Under such circumstances employees will be given an opportunity to review a combined retention register for affected competitive levels which would be in effect in the gaining competitive area.

C. Employees will be given a minimum of thirty (30) work days, but more time when practicable, in which to accept or reject an offer of transfer with a function.

Section 8. The Employer shall provide assistance in obtaining other employment to those employees identified for transfer who decline to accompany their function to the new location. Between the date employees decline to accompany a transfer of function and the date of their separation from the Agency, the Employer will provide the following assistance:

A. The Employer has determined that it will designate an out placement coordinator to serve as the focal point for all assistance activities;

B. A file of OF-612s or equivalent submitted by declining employees will be maintained for distribution to prospective Employers when possible. When requested by the prospective Employers, these applications will be provided;

C. Eligible employees, who have submitted an OF-612 or equivalent, will be registered in the Office of Personnel Management Displaced Employee Program; and

D. Eligible employees will be registered on the NIH Re-employment Priority List for the losing competitive area. Employees separated for declining to transfer with a function will be entered on such lists for placement after Group I and Group II employees separated by reduction in force procedures.

Section 9. The Employer shall advise, in writing, employees separated from the Agency for refusal to transfer with a function of their rights to severance pay, if any; any lump sum payment for all accrued annual leave; their eligibility to apply for the Office of Personnel Management Displaced Employee Program; their eligibility for placement on the NIH Re-employment Priority List; their eligibility for discontinued service retirement, if applicable; and the effect of separation on the health and life insurance coverage.

Section 10.

A. When an employee or the Union believes the Employer has incorrectly applied applicable law, regulation, or this Article in a transfer of function action, a dispute may be filed pursuant to Article 31.

B. An employee separated under adverse action procedures as a result of a transfer of function may appeal that action under the procedures in Article 30.