Common use of Transfer of Functions Clause in Contracts

Transfer of Functions. A. A Transfer of Function (TOF) means 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) affected. A TOF is also the movement of the competitive area in which the function is performed to another commuting area. In a TOF, the operation of the function must cease in one competitive area and must be carried on in an identical form in another competitive area where it was not being performed at the time of the transfer. B. When the Employer contemplates a TOF, the Employer will notify the Union and engage in pre-decisional discussions. The Employer will provide all the information relied upon in its contemplation to the Union for such discussion. The Union may provide input and recommendations for consideration by the Employer, and the Employer will provide in writing the rationale for rejecting the Union's recommendations. In the event that a TOF is still deemed necessary after such discussions, the Employer will inform the Union 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 8, Labor- Management Negotiating Procedures. C. Employees whose positions have been designated as transferring with the function will be notified by certified mail. The notice will state that the employee is being offered the opportunity to volunteer for transfer with his/her 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 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 to volunteer for transfer with his or her position; 5. A statement that should the employee be selected to transfer with his/her position, the Employer will pay moving expenses and pay for house hunting trips in accordance with the Statute and Government-wide regulation; 6. A statement that it is possible that not all volunteers will be able to transfer with their position; 7. A statement that should the employee choose not to transfer with his or her position, or if the employee is not selected to transfer despite having volunteered, the employee may be separated from his or her current position by adverse action procedures; and, 8. The deadline for responding to the offer of transfer will be no less than thirty (30) days from the date of the notice. D. If there are not enough qualified volunteers from among those affected employees, the Employer may solicit qualified volunteers from the rest of the current competitive area. E. If the total number of employees who volunteer for transfer exceeds the total number of employees required to perform the function in the competitive area that is gaining the function, preference will be given to the volunteers with the highest retention standing. In the event there are not enough volunteers for the transfer, employees with the lowest retention standing will be selected for involuntary transfer. F. [Deleted] G. When a transfer of function results in a reduction in force, RIF procedures, as outlined in applicable law, regulations, and this Article, will be used. H. The Employer shall grant a reasonable amount of excused absence to employees to locate housing, to arrange for disposition of their current homes, and to make arrangements for other related matters in accordance with applicable regulations and Department policies when employees, during a TOF, are moved from one commuting area to another. Payment of moving costs shall be determined in accordance with applicable regulations, Department policies, and availability of funds for such purposes. I. In a TOF occurring between the Department and another Federal agency, the Employer shall provide an information copy of the contents of this Article, other related Articles, and any related Supplemental Agreements to the gaining agency.

Transfer of Functions. A. A Transfer of Function (TOF) means 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) affected. A TOF is also the movement of the competitive area in which the function is performed to another commuting area. In a TOF, the operation of the function must cease in one competitive area and must be carried on in an identical form in another competitive area where it was not being performed at the time of the transfer. B. When the Employer contemplates a TOF, the Employer will notify the Union and engage in pre-decisional discussions. The Employer will provide all the information relied upon in its contemplation to the Union for such discussion. The Union may provide input and recommendations for consideration by the Employer, and the Employer will provide in writing the rationale for rejecting the Union's recommendations. In the event that a TOF is still deemed necessary after such discussions, the Employer will inform the Union 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 8, Labor- Management Negotiating Procedures. C. Employees whose positions have been designated as transferring with the function will be notified by certified mail. The notice will state that the employee is being offered the opportunity to volunteer for transfer with his/her 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 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 to volunteer for transfer with his or her position; 5. A statement that should the employee be selected to transfer with his/her position, the Employer will pay moving expenses and pay for house hunting trips in accordance with the Statute and Government-wide regulation; 6. A statement that it is possible that not all volunteers will be able to transfer with their position; 7. A statement that should the employee choose not to transfer with his or her position, or if the employee is not selected to transfer despite having volunteered, the employee may be separated from his or her current position by adverse action procedures; and, 8. The deadline for responding to the offer of transfer will be no less than thirty (30) days from the date of the notice. D. If there are not enough qualified volunteers from among those affected employees, the Employer may solicit qualified volunteers from the rest of the current competitive area. E. If the total number of employees who volunteer for transfer exceeds the total number of employees required to perform the function in the competitive area that is gaining the function, preference will be given to the volunteers with the highest retention standing. In the event there are not enough volunteers for the transfer, employees with the lowest retention standing will be selected for involuntary transfer. F. [Deleted]The. Employer will not fill any vacant position in the bargaining unit through outside hiring or through promotion as long as there are employees facing separation in the TOF who are both qualified and available to fill that position. G. When a transfer of function results in a reduction in force, RIF procedures, as outlined in applicable law, regulations, and this Article, will be used. H. The Employer shall grant a reasonable amount of excused absence to employees to locate housing, to arrange for disposition of their current homes, and to make arrangements for other related matters in accordance with applicable regulations and Department policies when employees, during a TOF, are moved from one commuting area to another. Payment of moving costs shall be determined in accordance with applicable regulations, Department policies, and availability of funds for such purposes. I. In a TOF occurring between the Department and another Federal agency, the Employer shall provide an information copy of the contents of this Article, other related Articles, and any related Supplemental Agreements to the gaining agency.

Transfer of Functions. A. A Transfer of Function (TOF) means 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 areas that do not perform the function involved is virtually identical to functions already being performed in at the other competitive area(s) affectedtime of the transfer. A TOF is also the movement of the competitive area in which the function is performed to another commuting area. In a TOF, the operation of the function must cease in one competitive area and must be carried on in an identical form in another competitive area where it was not being performed at the time of the transfer. B. When the Employer contemplates a TOF, the Employer will notify the Union and engage in pre-decisional discussions. The Employer will provide all the information relied upon in its contemplation to the Union for such discussion. The Union may provide input and recommendations for consideration by the Employer, and the Employer will provide in writing the rationale for rejecting the Union's recommendations. In the event that a TOF is still deemed necessary after such discussionsnecessary, the Employer will inform the Union 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 impact and implementation bargaining in accordance with pursuant to the terms of Article 8, Labor- Management Negotiating Procedures, of this Agreement. C. 1. Employees whose positions have been designated as transferring with the function will be notified by certified mailin writing. The If Management decides to mail the employee notice, registered mail or return receipt request will be used to ensure delivery of the RIF notice is documented. This notice will state that the employee is being offered the opportunity to volunteer for transfer (by selection or volunteer) with his/her or her their position to a new competitive area. The This notice will further state: 1. : The name and location of the new competitive area; 2. The complete address 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 to volunteer for transfer with his or her position; 5. A statement that should the employee be selected to transfer with his/her positionposition and is issued a directed reassignment letter, the Employer will pay moving expenses and pay for house hunting trips in accordance with the Statute and Government-wide regulation; 6. A statement that it is possible that not all volunteers will may not be able to transfer with their position;; and, 7. A statement that should the employee choose not to transfer with his or her position, or if the employee is not selected to transfer despite having volunteered, the employee may be separated from his or her current position by adverse action procedures; and,. 8. C. The deadline for responding to the offer of transfer will be no less fewer than thirty (30) calendar days from the date of the notice. D. If there are not enough qualified volunteers from among those affected employees, the Employer may solicit qualified volunteers from the rest of the current competitive area. E. If the total number of employees who volunteer for transfer exceeds the total number of employees required to perform the function in the competitive area that is gaining the function, preference will be given to the volunteers with the highest retention standing. In the event there are not enough volunteers for the transfer, employees with the lowest retention standing will be selected for involuntary transfer. F. [Deleted] G. When a transfer of function results in a reduction in force, RIF procedures, as outlined in applicable law, regulations, and this Article, will be used. H. G. The Employer shall grant a reasonable amount of excused absence to employees to locate housing, to arrange for disposition of their current homes, and to make arrangements for other related matters in accordance with applicable regulations and Department policies when employees, during a TOF, are moved from one commuting area to another. Payment of moving costs costs, if appropriate and required under the law, shall be determined in accordance with applicable regulations, Department policies, and availability of funds for such purposes. I. H. In a TOF occurring between the Department and another Federal agency, the Employer shall may provide an information copy of the contents of this Article, other related Articles, and any related Supplemental Agreements to the gaining agency.