[Code of Federal Regulations]
[Title 5, Volume 1, Parts 1 to 699]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR351.302]

[Page 246]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 351--REDUCTION IN FORCE--Table of Contents
 
                     Subpart C--Transfer of Function
 
Sec. 351.302  Transfer of employees.

    (a) 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 the 
tenure of his or her employment.
    (b) An employee whose position is transferred under this subpart 
solely for liquidation, and who is not identified with an operating 
function specifically authorized at the time of transfer to continue in 
operation more than 60 days, is not a competing employee for other 
positions in the competitive area gaining the function.
    (c) Regardless of an employee's personal preference, an employee has 
no right to transfer with his or her function, unless the alternative in 
the competitive area losing the function is separation or demotion.
    (d) Except as permitted in paragraph (e) of this section, the losing 
competitive area must use the adverse action procedures found in 5 CFR 
part 752 if it chooses to separate an employee who declines to transfer 
with his or her function.
    (e) The losing competitive area may, at its discretion, include 
employees who decline to transfer with their function as part of a 
concurrent reduction in force.
    (f) An agency may not separate an employee who declines to transfer 
with the function any sooner than it transfers employees who chose to 
transfer with the function to the gaining competitive area.
    (g) Agencies may ask employees in a canvass letter whether the 
employee wishes to transfer with the function when the function 
transfers to a different local commuting area. The canvass letter must 
give the employee information concerning entitlements available to the 
employee if the employee accepts the offer to transfer, and if the 
employee declines the offer to transfer. An employee may later change 
and initial acceptance offer without penalty. However, an employee may 
not later change an initial declination of the offer to transfer.

[52 FR 10024, Mar. 30, 1987, as amended at 60 FR 3062, Jan. 13, 1995]