Board of Regents, State University System of Florida and Florida Public Employees

Council 79

ARTICLE 9 - CHANGE IN ASSIGNMENT

9.1 Procedure.

A. An employee with permanent status in the current class who meets all university eligibility requirements may apply for a

change in assignment to a different position in the same class or in a different class having the same pay range maximum,

different work unit, or different shift at the university according to university procedures. Prior to filling a vacancy, except by

demotion or internal promotion, the university shall consider all applicable change in assignment requests. When making a

decision regarding the granting of a request for a change in assignment, the university shall consider appropriate factors,

including, but not limited to, the applicant=s length of continuous university service, performance evaluations, work-related

awards and achievements, relevant work experience, and education/training.

B. All employees who were interviewed shall be notified of the university's decision.

C. Employees who are reassigned under the provisions of this Article shall not ordinarily suffer a loss of pay as a result of

such reassignment.

D. Nothing contained in this Agreement shall be construed to prevent a university, at its discretion, from effecting the

change in assignment of any employee according to the needs of the university and in each case, the university will take into

consideration the needs and circumstances of the employee prior to taking such action.

9.2 Notice. An employee shall be given a minimum of fourteen (14) days notice prior to the university reassigning or transferring

the employee. In the case of a transfer, the university will make a good faith effort to give a minimum of thirty (30) days notice.

The parties agree, however, that these notice requirements shall not be required during an emergency or in other extraordinary

conditions.

Master Contract - State of Florida and Florida Public Employees Council 79

Article 9

REASSIGNMENT, TRANSFER, CHANGE IN DUTY STATION

Employees who have attained permanent status in the Career Service and who meet all eligibility requirements

shall have the opportunity to request reassignment in accordance with the provisions of this Article.

SECTION 1 - Definitions

As used in this Article

(A) "Duty station" shall mean the place which is designated as an employee's official headquarters.

(B) "Change in duty station" shall mean the moving of an employee to a duty station located within 50 miles of

his current duty station.

the same class, or to a different position in a different class having the same pay grade, regardless of the location

of the position.

(D) "Transfer" shall mean the moving of an employee from one geographic area of the State to a different

geographic location which is in excess of 50 miles from the employee's current duty station.

SECTION 2 - Procedures

(A) An employee who has attained permanent status in the Career Service class currently served in may apply

for a reassignment on a Request for Reassignment Form (supplied by the agency). Such requests shall indicate the

specific class(es), county(ies), institution(s) and/or other work location(s) or shift(s) to which the employee

would like to be reassigned. When the employee requests reassignment to a different position in a different class,

a State of Florida Employment Application Form must be completed and sent with the Request for Reassignment

Form.

(B) An employee may submit a Request for Reassignment Form at any time; however, all such requests shall

expire on May 31 of each calendar year. Requests can be filed in May to become effective on June 1.

responsible for furnishing a copy of each such request to the manager(s) or supervisor(s) who have the authority

to make employee hiring decisions in the work unit to which the employee has requested reassignment.

(D) Except where a vacancy is filled by demotion, the manager or supervisor having hiring authority for that

vacancy shall give first consideration to those employees who have submitted a Request for Reassignment Form;

provided, however, that employees whose request for reassignment is not submitted by the first day of the month

shall not be considered for vacancies which occur during that month.

(E) The hiring authority shall normally fill a permanent vacancy with the employee who has the greatest length

of service in the class and who has a Request for Reassignment Form on file for the vacancy. The parties agree,

however, that other factors such as employees' work history and agency needs will be taken into consideration in

making the decision as to whether or not the employee with the greatest length of service in the class will be

placed in the vacant position.

(F) If the employee with the greatest length of service in the class is not selected for the vacant position, all

employees who have greater length of service in the class than the employee selected shall be notified in writing

of the agency's decision.

(G) When an employee has been reassigned pursuant to a Request filed under this Article, all other pending

Requests for Reassignment from that employee shall be cancelled. No other Request for Reassignment may be filed

by the employee under this Article for a period of six months following the employee's reassignment. If an

employee declines an offer of reassignment pursuant to a Request filed under this Article, the employee's Request

shall be cancelled and the employee will not be eligible to submit a Request for a period of six months.

SECTION 3 - Involuntary Reassignment, Transfer or Change in Duty Station

Nothing contained in this Contract shall be construed to prevent an agency, at its discretion, from effecting

the involuntary reassignment, transfer or change in duty station of any employee according to the needs of the

agency; however, the agency will make a good faith effort to take such action only when dictated by the needs

of the agency and in each case, will take into consideration the needs and circumstances of the employee prior to

taking such action.

SECTION 4 - Notice

An employee shall be given a minimum for 14 calendar days notice prior to the agency effecting any

reassignment, transfer or change in duty station of the employee. In the case of a transfer, the agency will make

a good faith effort to give a minimum of 45 calendar days notice. The parties agree, however, that these notice

requirements shall not be required during an emergency or other extraordinary conditions.

SECTION 5 - Grievability

The provisions of this Article shall not be subject to the grievance procedures of Article 6 of this Contract;

however, an employee complaint concerning improper application of the provisions of Paragraph (E) of Section 2

and Section 3 may be grieved in accordance with Article 6, up to and including Step 3 of the Grievance Procedure.

In considering such complaints, weight shall be given to the specific procedures followed and decisions made,

along with the needs of the agency. State of California and AFSCME Local 2620 (Health and Social

Services/Professional)

15.9 Transfers

A. The parties recognize the desirability of permitting a permanent employee to transfer within his/her

department and classification to another location which the employee deems to be more desirable. To

this end, permanent full-time employees may apply for an Employee Voluntary Transfer to a position at

another location within his/her department. Current employees who have applied for transfer to a vacant

position in their class shall be considered before hiring a new employee.

B. An involuntary transfer which reasonably requires an employee to change his/her residence may be

grieved under Article 5 only if the employee believes it was made for the purpose of harassing or

disciplining the employee. If the appointing authority or the Department of Personnel Administration

disapproves the transfer, the employee shall be returned to his/her former position; shall be paid the

regular travel allowance for the period of time he/she was away from his/her original headquarters; and

his/her moving costs both from and back to the original headquarters shall be paid in accordance with the

Department of Personnel Administration laws and rules.

C. An appeal of an involuntary transfer which does not reasonably require an employee to change his/her

residence shall not be subject to the grievance and arbitration procedure. It shall be subject to the

complaint procedure if the employee believes it was made for the purpose of harassing or disciplining the

employee.

ARTICLE VII

TRANSFERS

(Transfers for Community Corrections see Appendix S-2)

Section 1 Eligibility

A. Employees must have been in their current classification for at least six (6) months in order to be eligible for transfers

pursuant to this Article. However, if an employee goes into a classification with a lower pay grade in lieu of layoff, the

employee shall immediately be eligible for transfers pursuant to this Article. Additionally, an employee who is required to

change shifts upon promotion shall be immediately eligible for transfer to a different shift within the employing unit.

B. Employees who desire to transfer to another position within the same classification, either between employing units of

a State agency or between State agencies, shall file a written request as prescribed by the agency or, if between State

agencies, with the appropriate departmental personnel office indicating that interest.

Section 2 Transfers Within Employing Units

A. The Employer shall post all openings indicating the specific location, shift, work unit and days off. Specific location

shall be defined as the organizational unit of the agency. Specific shift shall be defined as the hours of work. Specific

work unit shall be defined as the area inside of the organizational unit where the employee performs his/her work.

Specific work unit can be defined as rotating post or relief post. Specific days off shall be the days off that are assigned

to the position.

A period of five (5) work days from the date of the announcement shall be allowed for interested employees to file a

written request to be included in the group of applicants to be considered for that vacancy. At the close of the five (5)

work day posting period, the Employer will review those requests from any employee in the same employing unit who is

in the same classification as the vacancy. When an employee applies for a posted position and has not removed his/her

name by the close of the posting, the employee must accept the job, if offered. The Employer shall offer the position to

the most senior bargaining unit employee who has filed a transfer request. In the event an employee is the most senior

bidder for more than one position simultaneously, he/she shall immediately accept one of the positions.

B. The Employer shall transfer the most senior employee who makes the transfer request for the open position provided

he/she possesses the ability to perform the duties as assigned and meets any job related special or selective certification

requirements. Such requirements shall be reflected on the posting. The Employer may deny transfers if the transfer would

substantially impair the Employer's ability to maintain operational efficiency. The Employer is not obligated to retrain

employees in order to qualify them for transfers under the provisions of this Article.

(Department of Corrections see Appendix H-1; Department of Human Services see Appendix J-1; Board of

Regents see Appendix M-4, M-5, M-6, M-7; Department of Workforce Development see Appendix T; Patient

Care Unit see Appendix W-1)

Section 3 Transfers Between Employing Units Within a State Agency

In the event a vacancy is not filled by transfer of an employee under the provisions of Section 2 of this Article, the

Employer shall consider interested employees who are in the same classification as the vacancy from other employing

units of the agency who have indicated an interest in the specific location, shift, work unit and days off by submitting a

transfer request. The Employer shall transfer the most senior employee who makes such request for the open position

provided he/she possesses the ability to perform the duties as assigned and meets any job related special or selective

certification requirements. The Employer may deny transfers if the transfer would substantially impair the Employerís

ability to maintain operational efficiency. The Employer is not obligated to retrain employees in order to qualify them for

transfers under the provisions of this Article. The employee shall have three (3) working days in which to accept or

decline the offer in writing.

(Department of Workforce Development see Appendix T)

Section 4 Transfers Between State Agencies

In the event a vacancy is not filled under the provisions of Sections 2 or 3 of this Article, the Employer shall consider

interested employees in the same classification as the vacancy from other state agencies who have filed a transfer

request. The Employer shall offer the position to the most senior employee who makes such request for the open

position. The employee shall have three (3) working days in which to accept or decline the offer in writing.

Section 5 Definition of Permanent Vacancy

For purposes of this Article, a permanent vacancy is created:

A. When the Employer has approval to increase the work force and decides to fill the new positions;

B. When any of the following personnel transactions take place and the Employer decides to replace the previous

incumbent: termination, transfer out of the bargaining unit, promotion, or demotion;

C. If no employee has indicated a desire to transfer to a vacancy and the Employer fills such vacancy by transfer of an

employee from another classification in the same salary range and determines that the vacated position is to be filled,

such position shall be subject to the provisions of this Article;

D. Transfers within the bargaining unit resulting from Sections 2, 3, or 4 above.

Section 6 Transfer Limitations

A. The application of the procedures in this Article shall be limited to the original vacancy and the four (4) subsequent