Common use of Transfer of Function Clause in Contracts

Transfer of Function. A. In accordance with 5 CFR 351.301, a transfer of function (TOF) means the work of one or more employees is moved from one competitive area to another as a transfer of function regardless of whether or not the movement is made under authority of a statute, Executive order, reorganization plan, or other authority. In a transfer of function the function must cease in the losing competitive area and continue in an identical form in the gaining competitive area (i.e., in the gaining competitive area, the function continues to be carried out by competing employees rather than by noncompeting employees). B. When the Agency determines that a TOF is necessary, the Agency will inform the Union, in writing, as far in advance as practicable, giving the reason for the action, the approximate numbers, types, and geographic location of the positions to be affected, and the approximate date of the action. At that time, the Union may initiate bargaining in accordance with Article 39, Negotiations. C. The Agency will identify which positions will transfer in accordance with applicable laws and regulations. D. Employees whose positions have been designated as transferring with the function will be notified in writing. The notice will state that the employee is being offered an opportunity to transfer with his or her position to a new competitive area. The notice will further state: 1. The name and location of the new competitive area; 2. The complete address/location of the new work site; 3. The applicable salary, including locality pay, of the employee's position at the new work site; 4. A statement that the employee is free to decide whether to accept the offer of the opportunity for transfer with his or her position; 5. A statement that should the employee accept the transfer with his or her position, the Agency will pay moving expenses and pay for house hunting trips in accordance with statute and government-wide regulation; 6. A statement that if the employee chooses not to accept the transfer with his or her position, the employee may be separated from his or her current position by adverse action procedures; 7. The deadline for responding to the offer of transfer; provided that this date will be no less than fourteen (14) days from the date of the notice. An employee may request an extension not to exceed a total of thirty (30) days. E. Before a reduction in force is made in connection with the transfer of any or all of the functions of a competitive area to another continuing competitive area, each competing employee in a position identified with the transferring function or functions shall be transferred to the continuing competitive area without any change in tenure of his or her employment. F. If the total number of employees accepting the offer to transfer is insufficient to fill the number of positions moving to the new competitive area, the Agency may canvas qualified volunteers from the rest of the losing competitive area. G. Following CTAP procedures, the Agency will give full consideration to filling funded vacant positions from employee(s) in the bargaining unit affected by TOF, who are both well-qualified and available to fill the position.