The U.S. Office of Personnel
Management developed the Restructuring
Information Handbook to assist Federal agencies in identifying the
mandatory statutory and regulatory procedures that apply to restructuring
situations.�
The Handbook also offers agencies
options for minimizing or even eliminating the disruption that often results
from restructuring.
There is no requirement for Federal
agencies to use this Handbook.
The structure of the Handbook assists the user in locating
as much or as little restructuring information as the user needs.� Some Modules contain only one Unit, while other Modules have two or
more Units.
For subjects
with mandatory statutory or regulatory requirements, Unit A (Mandatory
Requirements) provides the user with both a crash course on the subject,
and also with detailed information, complete with citations of requirements
contained in law and regulation.�
When
appropriate, Unit B (Guidance) provides the user with
useful guidance, including key appeals decisions from appellate bodies such
as the Merit Systems Protection Board.�
The
summaries of appeals decisions are guidance prepared by individual OPM
employees. The appeals summaries do not represent official summaries approved
by OPM, the Board, or other appellate organizations, and are not intended to
provide legal counsel or to be cited as legal authority. Instead, the
appeals summaries inform and help the user locate relevant appellate
precedents on a specific downsizing subject.
Other Modules may contain additional
Units, such as Unit C (Appeals References), and Unit D (Samples).�
We welcome
comments on the Restructuring Information Handbook.
Send any comments and suggestions to
the Office of Employment Policy, Staffing and Restructuring Policy Division
(SRPD) at (202) 606-0960; FAX (202) 606-2329; or e-mail Thomas A. Glennon of
SRPD at taglenno@opm.gov.
�
Contents
OPM's
Restructuring Information Handbook Modules contain the following topics:
Topic
Module
Unit(s)
Planning and Alternatives for Restructuring
1
B
Human Resource Responsibilities in Restructuring
2
B
Reduction in Force
3
A, B, C,D
Transfer
of Function
4
A, B
Reduction in Force Furlough
5
A, B
Reemployment Priority List
6
A, B
Career
Transition Assistance
7
A
Interagency
Career Transition Assistance Plan
8
A
Voluntary
Early Retirement
9
A, B
Using the Handbook
The Modules contain many
cross-references to additional pertinent material.� To assist in searches, each Module features
a unique index system that assists the user in readily locating information
in that Module or in the other Modules.
�
For example, a
reference to "3-A-15-3"
refers to:
(1)Module 3 ("Reduction in Force"),
(2)Unit A ("Required Procedures"),
(3)Section 15 ("Credit for Performance in Reduction in
Force"),
(4)Paragraph 3
("Time Period Covered by Employees' Performance Ratings").
Continued on next page
Using the Handbook
(continued)
For a
second example, a reference to "3-B-6-5-(b)"
refers to:
(1)Module 3 ("Reduction in Force"),
(2)Unit B ("Guidance"),
(3)Section 6 ("Reorganization and Job Erosion"),
(4)Paragraph 5 ("Use of RIF Procedures in
Job Erosion Situations"),
(5)Subparagraph (b).
All
of the Modules use the same index system.�
For
example, a reference to "4-A-4-3"
refers to:
(1)Module 4 ("Transfer
of Function"),
(2)Unit A ("Required
Procedures"),
(3)Section 4 ("Determining
Whether the Transfer of Function Provisions are Applicable"),
(4)Paragraph 3 ("Basis
for Transfer of Function Decisions").
Restructuring Information Handbook Module 4 provides
guidance on OPM's Transfer Of Function regulations published in part 351 of
title 5 of the Code of Federal Regulations (5 CFR part 351).� Module 4 consists of two Units: (1) Unit A,
"Required Procedures," and (2) Unit B, Guidance.� This is the January 2002 version of Unit A.
�
Contents
This
publication contains the following topics:
Topic
Begins at Page
Overview
of Transfer of Function
1-1
Transfer
of Function Definitions
2-1
Applicability
of the Transfer of Function Regulations
3-1
Agency Responsibility to Apply the Transfer of
Function Regulations
4-1
Applying
the Transfer of Function Regulations in Any Situation
5-1
Identification
of Employees and Positions with a Transferring Function-General
8-4Using Retention Registers to Identify Employees for Transfer
8-5Identification of Positions When Both Methods One and Two
Apply to Same Register
Section
9. Employees of Losing Competitive Area�����������.��..9-1
9-1Right of Employee to Transfer
9-2Separation of Employee Who Refuses to Transfer
9-3Use of RIF Procedures in
the Losing Competitive Area
Section
10. Employees of Gaining Competitive Area��������.����10-1
10-1No Impact in Gaining Competitive Area Without Other
Organizational
Changes
10-2Transferring Employees Compete on Basis of Positions of
Record
10-3Rights of Transferred Employees in the Gaining Competitive
Area
10-4Actual Relocation of Transferring Employees Not Necessary
Before RIF
10-5Employees Separated by RIF Covered by
RPL in Gaining Competitive
Area
10-6Status of Competitive Service Positions
Section 11. Transfer for Liquidation��������������������.11-1
11-1Limited Rights After Transfer for Liquidation
11-2No Right to Transfer With Terminated Function
Section 12. Transfer of Function Canvass
Letters��������������.12-1
12-1Purpose of Canvass Letters
12-2Canvass Letters Are Optional
12-3Transfer of Function Canvass Letters Used Only In Geographic
Move
12-4Content of Canvass Letters
12-5Acceptance of Offer to Transfer
12-6Declination of Offer to Transfer
Table of Contents (continued)
Section 13.�
Volunteers for Transfer��������������������13-1
13-1Use of Volunteers-General
13-2Optional Use of Volunteers
13-3Temporary Employees May Volunteer
13-4Volunteers and Retention Standing
Section 14. Transfer of Function Appeals and
Grievances���..������.14-1
14-1No Basic Right to File a Transfer of Function Appeal or
Grievance
14-2Transfer of Function Issues in a Grievance
Section 1, Overview of Transfer of Function
Introduction
This section provides an overview of OPM's transfer of
function regulations.� Each paragraph
in Section 1 summarizes a specific transfer of function topic.� For more detailed information on a topic,
each paragraph in Section 1 has a reference to the appropriate section in
Module 4.� The "Additional
Information" paragraph below lists these references.
�
Contents
This
overview section contains the following topics:
Topic
See Paragraph
OPM's
Transfer of Function Regulations
4-A-1-1
Purpose
of the Transfer of Function Regulations
4-A-1-2
Transfer
of Function Because of Organizational Change
4-A-1-3
Transfer
of Function Because of Relocation
4-A-1-4
Identification
of Employees With a Transferring Function
4-A-1-5
RIF in Transfer of Function
4-A-1-6
Transfer
of Function Canvass Letters
4-A-1-7
Transfer
of Function Appeals
4-A-1-8
Additional
Information
This section in Restructuring Information Handbook Module
4, Unit A, has references to other sections in Unit 4-A for more detailed
information on specific transfer of function topics.
To find
additional information in this Module on the overview paragraph below in Unit
4-A,
In Unit 4-A
see section, or paragraph:
4-A-1-2
4-A-2-2
4-A-1-2-(b)
4-A-9-2
4-A-1-2-(c)
4-A-9-3
4-A-1-2-(d)
4-A-11
4-A-1-3
4-A-2-1-(a)
4-A-1-4
4-A-2-1-(b)
Continued on next page
Additional Information (continued)
To find
additional information in this Module on the overview paragraph below in Unit
4-A,
In Unit 4-A
see section, or paragraph:
4-A-1-5
4-A-4-1
4-A-1-5-(b)
4-A-7
4-A-1-5-(c)
4-A-8
4-A-1-5-(d)
4-A-13
4-A-1-6
4-A-9
4-A-1-7
4-A-12
4-A-1-8
4-A-14
A
In
Section 1, this symbol highlights where you can find more detailed
information in Unit 4-A on a transfer of function topic.
�
Section 1, Overview of Transfer
of Function
�
4-A-1-1
OPM's
Transfer of Function Regulations
OPM's "Transfer of
Function" regulations are derived from Section 12 of the Veterans'
Preference Act of 1944, as that section of the law is now codified in Section
3503 of title 5, United States Code.
�OPM implements the law through regulations published in
Subpart C of Part 351 of title 5, Code of Federal Regulations (5 CFR Part
351, Subpart C).
4-A-1-2
Purpose of
the Transfer of Function Regulations
A
A
A
A
A
The transfer of function regulations provide that nontemporary
employees have the right to move with their work if the alternative in the
losing organization (the losing "Competitive
Area") is separation or downgrading by reduction in force.
[See Section 4‑A‑9 for more detailed guidance.]
�"Competitive
Area" is a reduction in force term that the agency establishes on
the basis of organization and geography
[See paragraph 4‑A‑2‑2
for more detailed guidance.]
(a)An employee has no right to transfer
with the function unless the alternative in the losing competitive area is
separation or downgrading by reduction in force.
(b)The losing competitive area may use
adverse action procedures to separate any employee who chooses not to
transfer with the function.
[See Section 4‑A‑9‑2
for more detailed guidance.]
(c)An agency may not conduct a
reduction in force solely to place employees who chose not to transfer with
the function to a different local commuting area.
[See paragraph 4‑A‑9‑3
for more detailed guidance.]
(d)An employee has no right to transfer with a terminated
function, or with a function that that will cease within 60 days of transfer
to a different competitive area.
[See
paragraph 4‑A‑11 for
more detailed guidance.]
4-A-1-3
Transfer of
Function Because of Organizational Change
A
A "Transfer of Function"
takes place when a function ceases in one competitive area and moves to one
or more other competitive areas that do not perform the function at the time
of transfer.�
�The gaining competitive area may be in the same agency, or
in a different agency.
�The movement of work within a competitive area is a "Reorganization."
[See subparagraph 4-A-2-1-(a)
for more detailed guidance.]
�
4-A-1-4
Transfer of
Function Because of Relocation
A
A "Transfer of Function"
also takes place when the entire competitive area moves to another local
commuting area without any additional organizational change.
[See subparagraph 4‑A‑2‑1‑(b)
for more detailed guidance.]
�
4-A-1-5
Identification
of Employees With a Transferring Function
A
A
A
A
The losing competitive area is
responsible for identifying employees with a transferring function.
[See Section 4‑A‑4‑1 for more detailed guidance.]
(a)Agencies use one of two procedures
to identify employees with a transferring function:
(1)"Identification Method One"; and
(2)"Identification Method Two."
(b)Identification Method One.� Under Identification Method One, the losing competitive area
identifies an employee with a transferring function if:
(1)The employee performs the function
during at least half of the employee's work time; or
(2)Regardless of the amount of time
that the employee performs the function, the function includes the employee's
grade‑controlling duties (the transferring function by itself supports
the employee's grade).
[See paragraph 4‑A‑7
for more detailed guidance.]
(c)Identification Method Two.� The losing competitive area uses
Identification Method Two only to identify positions and employees not
covered by Identification Method One.
(1)With Identification Method Two, the losing competitive
area identifies for transfer only the number of employees it needed to
perform the function.
(2)To determine which employees are
identified for transfer under Identification Method Two, the losing
competitive area uses retention registers that list employees in the order of
their respective reduction in force retention standing.
(3)Identification Method Two provides that the employee(s)
with the lowest retention are identified for transfer with the function
except in a closure (or similar) situation, when the employees with the
highest retention standing are identified for transfer.
[See paragraph 4-A-8
for more detailed guidance.]
(4)At its discretion, the losing and the gaining competitive
areas can agree that volunteers (including temporary employees) may transfer
with the function, provided that no employee who is identified for transfer
is later separated or downgraded because of this decision.
[See Section 4‑A‑13
for more detailed guidance.]
�
4-A-1-6
RIF in Transfer of Function
A
If the transfer of function results in a surplus of employees in the
gaining competitive area, all employees who elected to transfer with the
function compete under the reduction in force regulations for positions on
equal terms with other employees in the gaining competitive area.
[See Section 4‑A‑9 for more detailed guidance.]
�
4-A-1-7
Transfer of
Function Canvass Letters
A
When a transfer of function will result in the employee moving to a
different local commuting area, the losing competitive area may choose to use
a "Transfer of Function Canvass
Letter" to determine which employees wish to be considered for
positions in a different local commuting area.
�A transfer of function canvass letter does not guarantee
an employee a position at the new location, but simply asks the employee to
state an interest in transferring with the function.
[See Section 4‑A‑12 for more detailed
guidance.]
(a)If the employee chooses not to
transfer with the function, the losing competitive area may separate the
employee through adverse action procedures at the time the function actually
transfers to the gaining competitive area.
(b)An employee who chooses not to
transfer with the function has no right to be in reduction in force
competition for other positions in the losing competitive area.
(c)An employee who initially chooses to transfer with the
function may later reconsider and decline to transfer; however, an employee
who declines to transfer with the function may not later change the
declination to an acceptance of the offer to transfer with the function at the new location.
�
4-A-1-8
Transfer of
Function Appeals
A
An employee may not file an appeal to the Merit Systems Protection
based solely on a transfer of function issue.
�An employee who is subsequently reached for separation or
downgrading because of a reduction in force, or an adverse action, may raise
transfer of function as in issue in that appeal.
[See Section 4‑A‑14 for more detailed
guidance.]
�
Section 2,
Transfer of Function Definitions
�
Introduction
This section covers transfer of function terminology.� All of the terms are defined in OPM's
regulations or in the "Guide to Processing Personnel Actions."
�
Contents
This
section contains the following topics:
Topic
See Paragraph
Definition
of Transfer of Function
4-A-2-1
Definition
of Competitive Area
4-A-2-2
Definition
of Function
4-A-2-3
Explanation
of Function
4-A-2-4
Definition
of Competing Employee
4-A-2-5
Other
Transfer of Function Definitions
4-A-2-6
Definition
of Reorganization
4-A-2-7
Additional
Information
When appropriate, Restructuring Information Handbook
Module 4, Unit B (Guidance) has additional information on material in Unit
4-A.
To find
additional information on this key paragraph in Unit 4-A,
In Unit 4-B
see paragraph:
4-A-2-1
4-B-2-1
�
B
This
symbol highlights where you can find additional material in Unit 4-B.
�
i
This
symbol guides you toward more general references on the subject in Module 4
or in other Modules.
�
Section 2,
Transfer of Function Definitions
�
4-A-2-1 ����
Transfer of Function
B
OPM's retention regulations define "Transfer of Function" as the: (5 CFR 351.203)
(a)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 the same class
of activity as functions already being performed in the other competitive
area(s); or,
(b)The movement of the competitive area in which the function
is performed to another local commuting area.
[See paragraph 4-B-2-1
for additional guidance.]
�
4-A-2-2���
Competitive Area
i
"Competitive Area"
is a reduction in force term that is defined as the organizational and
geographic boundaries within which an employee competes for positions under
OPM's reduction in force regulations. (5 CFR 351.402(b))
�Paragraph 3‑A‑8
of Restructuring Information Handbook Module 3 ("Reduction in Force") contains additional information on
competitive areas.
�
4-A-2-3���
Function
OPM's regulations define "Function" to include all or a
clearly identifiable segment of an agency's mission (including all integral
parts of that mission), regardless of how it is performed.� (5 CFR 351.203)
4-A-2-4���
Explanation of Function
In the definition of "Function" covered in paragraph 4‑A‑2‑3 above, the
following terms have a specific meaning:
(a)"Agency" may be any organizational entity (a department, a
bureau, a division, a field installation, a branch, etc.).
(b)"Parts" means that any agency activity may be a function.
(c)"Segment" means an activity and generally, but not always,
excludes an individual job or task.
4-A-2-5����
Competing
Employee
i
OPM's regulations define "Competing
Employee" to include an employee in reduction in force tenure Group
I, Group II, or Group III.� (5 CFR
351.203)
�"Competing
Employee" includes employees in both the competitive and the
excepted services.
�Competing employees in both the competitive and the
excepted services have the same transfer of function rights.
�Section 3‑A‑11
of Module 3 contains more information on the definition of "Competing Employee."
�
4-A-2-6 ���
Other
Transfer of Function Definitions
i
i
"The Guide to Processing Personnel Actions" contains definitions of other actions related to a transfer of
function:
(a)A "Change in Duty Station" occurs when the employee's office is
moved to a new geographic location and no other change occurs.
(b)A "Mass Transfer" is the movement of an employee with his or
her position to a different agency when an organization change (such as a
transfer of function) takes place, and there is no change in the employee's
position, grade, or pay.
(c)A "Realignment" is the movement of an employee and his or her
position when an organization change (such as reorganization or transfer of
function) occurs, the employee stays in the same agency, and there is no
change in the employee's position, grade, or pay.
�"The Guide to Processing Personnel Actions" also contains instructions that agencies follow in
documenting transfer of function actions on personnel records.
4-A-2-7����
Reorganization
i
OPM's regulations define "Reorganization" as the planned
elimination, addition, or redistribution of functions or duties in an
organization.� (5 CFR 351.203)
�Section 3‑A‑6 of Module 3 contains more information on
reorganization.
�Transfer of function is a form of reorganization in which
employees, under certain conditions, have the right to transfer with their
function when it moves to a gaining competitive area before the agency can
use reduction in force procedures to either separate them or downgrade them in
the losing competitive area.
�
Section 3, Applicability of the Transfer of Function Regulations
�
Introduction
This section explains when OPM's transfer of function
regulations apply to the intra- or interagency movement of work.
�
Contents
This
section contains the following topics:
Topic
See Paragraph
The
Two Situations When the Regulations Apply
4-A-3-1
Authority
for Transfer of Function
4-A-3-2
A
Transfer of Function May Be Intra- or Interagency
4-A-3-3
A
Function Must Continue in Identifiable Form
4-A-3-4
Movement
of a Function Within a Competitive Area is not Transfer of Function
4-A-3-5
Transfer
of a Function for Liquidation is not Covered by the Regulations
4-A-3-6
Additional Information
When appropriate, Restructuring Information Handbook
Module 4, Unit B (Guidance), has additional information on material contained
in Unit 4-A.
For additional information on these key paragraphs:
See paragraph:
4-A-3-1
4-B-3-1
4-A-3-3-(a)
4-B-3-3-(a)
4-A-3-4
4-B-3-4
4-A-3-5
4-B-3-5
4-A-3-6-(b)
4-B-3-6-(b)
�
B
This
symbol highlights where you can find additional material in Unit 4-B.
�
i
This
symbol guides you toward more general references on the subject in Module 4
or in other Modules.
Section 3, Applicability of the
Transfer of Function Regulations
�
4-A-3-1���������
The Two Situations When the Regulations Apply
B
i
OPM's transfer of function
regulations apply to these two situations: (5 CFR 351.203)
(a)When an agency moves a function from
one competitive area to another, and the gaining competitive area is not
carrying out the same class of activity at the time of transfer; or
(b)When an agency moves the entire
competitive area from one local commuting area to another and no other
organizational change takes place.
[See paragraph 4-B-3-1
for additional guidance.]
�Section 4‑A‑2
includes definitions relating to transfer of function.
4-A-3-2�������������
Authority for a Transfer of Function
OPM's transfer of function
regulations apply whether or not the movement of work is authorized by:� (5 CFR 351.301)
(a)A statute;
(b)An Executive Order
(c)A formal reorganization plan; or
(d)Other authority.
4-A-3-3�������������
A Transfer of Function may be Intra- or Interagency
B
B
A transfer of function may be intra-
or interagency.� (5 CFR 351.301(a))
(a)OPM's transfer of function
regulations use the same procedures for both intra- interagency
transfers.� (5 CFR 351.301(a))
�
[See subparagraph 4-B-3-3-(a)
for additional guidance.]
(b)An interagency transfer of a function and/or personnel
requires specific statutory authorization.
�Without a specific legislative basis, there is no
authority for an agency to permanently transfer a function and/or personnel
to another agency on the basis of a memorandum of understanding, a directive
from the Executive Office of the President, a reimbursable agreement, or
other administrative procedure.
(c)Congress has the authority to exempt intra- and interagency
transfers of function and personnel from the transfer of function provisions.
[See subparagraph 4-B-3-3-(c)
for additional guidance.]
�
4-A-3-4
In a Transfer
of Function a Function Must Continue in an
Identifiable Form
In a transfer of function, the
function must:
(a)Cease in the losing competitive
area(s) at the time of transfer; (5 CFR 351.301(b)), and
(b)Be performed in an identifiable form
in a different competitive area (or areas) where the function was not being
performed at the time of transfer.� (5
CFR 351.301(b))
�"Identifiable
Form" means that the transfer of function regulations only apply
when the transferred function will be performed by competing employees in the
gaining competitive area.
�A transfer of function does not take place when the
function of competing employees will not be performed by competing employees
in the gaining competitive area; for example, a function is not performed in
an identifiable form if the function transfers to a gaining competitive area
and is outsourced for performance by contract employees, by a different
competitive area, or by members of the Armed Forces, rather than by competing
employees in the gaining competitive area.
B
[See subparagraph 4-B-3-4 for additional guidance.]
�
4-A-3-5
The movement of
a Function Within a Competitive Area is not a
Transfer of Function
B
i
i
The movement of a function within a
competitive area does not meet either of the two transfer of function
conditions found in paragraph 4‑A‑2‑1.� (5 CFR 351.203)
[See subparagraph 4-B-3-5 for additional guidance.]
�The movement of a function within a competitive area is a
reorganization.
�Paragraph 4‑A‑2‑7
includes the definition of "Reorganization."
(5 CFR 351.203)
�
4-A-3-6
Transfer of a Function for
Liquidation is not Covered by the�
Regulations
The transfer of function regulations do not apply to a competing
employee in a position identified with a function that will be liquidated or
terminated in the gaining competitive area. (5 CFR 351.302(b))
(a)An employee whose position is transferred as a transfer of
function solely for "Liquidation"
is not a competing employee for other positions in the competitive area
gaining the function.� (5 CFR
351.302(b))�
�The "Liquidation"
exception to OPM's transfer of function regulations applies to any function
that is not specifically authorized at the time of transfer to continue in
operation for more than 60 days in the gaining competitive area.� (5 CFR 351.302(b))
(b)The transfer of function regulations also do not apply to
the transfer of a function which is solely associated with the completion of
a terminated program even when the closeout work continues in the gaining
competitive area for more than 60 days. (5 CFR 351.302(b))
B
[See subparagraph 4-B-3-6-(b) for additional guidance.]
�
Section 4, Agency Responsibility to
Apply the Transfer of Function Regulations
�
Introduction
This section covers the agency's responsibility to make
transfer of function decisions.
�
Contents
This
section contains the following topics:
Topic
See Paragraph
Management's
Right to Make Transfer of Function Decisions
4-A-4-1
Management
Right to Take Other Actions
4-A-4-2
Basis
for Transfer of Function Decisions
4-A-4-3
�
Additional
Information
When appropriate, Restructuring Information Handbook
Module 4, Unit B (Guidance) has additional information on material in Unit
4-A.
To find
additional information on this key paragraph in Unit 4-A,
In Unit 4-B
see paragraph:
4-A-4-3
4-B-4-3
�
B
This
symbol highlights where you can find additional material in Unit 4-B.
�
i
This
symbol guides you toward more general references on the subject in Module 4
or in other Modules.
�
Section 4,
Agency Responsibility to Apply the Transfer of Function Regulations
4-A-4-1
Management's Right to Make Transfer of Function Decisions
The agency has the right, and
responsibility, to properly determine whether the transfer of function
regulations apply to the movement of work from one competitive area to
another.� (5 U.S.C. 7105(a); 5 CFR
351.201(a)(1); (5 CFR 351.302(a))
4-A-4-2
Management Right to Take Other Actions
A transfer of function does not
suspend management's right to take other personnel actions before, at the
same time, or after the transfer of function.
4-A-4-3
Basis for Transfer of Function Decisions
The losing and the gaining
competitive areas must refer to relevant documents in determining whether the
transfer of function regulations apply.
�The reference point for a transfer of function
determination is the organizational manual and delegations of authority for
the losing and gaining competitive areas, supplemented if necessary by
references to enabling legislation that serves as the basis for the
performance of the function.
�These documents evidence whether the work that is being
transferred meets the definition of a function.
�If the work meets the definition of a function, these
documents then serve as the basis for a decision on whether the transfer of
function regulations are applicable.
B
[See paragraph 4-B-4-3
for additional guidance.]
Section 5, Applying the Transfer of Function
Regulations in Any Situation
Introduction
This section covers the general conditions under which the
transfer of function regulations apply to the movement of work from one
competitive area to another.
�
Contents
This
section contains the following topics:
Topic
See Paragraph
The
Same Transfer of Function Provisions Potentially Cover All Movement of Work
4-A-5-1
Importance
of Cooperation Between the Losing and the Gaining Competitive Areas
4-A-5-2
Additional
Information
When appropriate, Restructuring Information Handbook
Module 4, Unit B (Guidance) has additional information on material in Unit
4-A.
To find
additional information on these key paragraphs in Unit 4-A,
In Unit 4-B
see paragraph:
4-A-5-1-(a)-(1)
4-B-5-1-(a)-(1)
4-A-5-1-(a)-(2)
4-B-5-1-(a)-(2)
4-A-5-1-(a)-(3)
4-B-5-1-(a)-(3)
4-A-5-1-(a)-(4)
4-B-5-1-(a)-(4)
4-A-5-1-(a)-(5)
4-B-5-1-(a)-(5)
4-A-5-1-(a)-(6)
4-B-5-1-(a)-(6)
4-A-5-1-(a)-(7)
4-B-5-1-(a)-(7)
4-A-5-1-(a)-(8)
4-B-5-1-(a)-(8)
�
B
This
symbol highlights where you can find additional material in Unit 4-B.
�
i
This
symbol guides you toward more general references on the subject in Module 4
or in other Modules.
Section 5, Applying the Transfer
of Function Regulations in Any Situation
�
4-A-5-1
The Same Transfer of Function Provisions Potentially Cover All
Movement of Work
i
i
i
Section 4‑A‑3
covers the general conditions under which the transfer of function
regulations apply to the movement of work.�
(5 CFR 351.203)
(a)The same transfer of function
provisions in Section 4‑A‑3
apply to the movement of work in any situation, including: (5 CFR 351.203)
(1)The transfer of a function that
supports a different transferring function;
(2)The consolidation of a function from
more than one competitive area or locations into a single competitive area;
(3)The fragmentation of a function from
one competitive area to two or more other competitive areas;
(4)A phased transfer of function in
which portions of the function transfer to a different competitive area over
a period of time;
(5)A phased transfer of function in
which employees performing the transferring function move to a different duty
site over a period of time;
(6)The closure of an activity under the
jurisdiction of one agency (or subagency), with a different agency (or
subagency) assuming responsibility for a successor activity at the same duty
site;
(7)The transfer of one of several
functions performed by a manager or supervisor; or
(8)Other situations.
(b)A single potential transfer of
function may involve any or all of the seven special situations covered in
subparagraph 4‑A‑5-1‑(a)
above.
(c)By isolating each transferring
function as the work is documented by the losing competitive area and then
determining if the same class of activity is performed by the gaining
competitive area at the time of transfer, the losing and the gaining
competitive areas may determine whether the transfer of function regulations
are applicable to any situation.
i
�Paragraph 4‑A‑4‑3
explains that the losing and the gaining competitive areas must refer to
relevant documents (for example, organizational manuals and delegations of
authority) to determine whether the transferring work meets the definition of
a function and, if so, whether the transfer of function provisions apply to
the situation.
B
[See paragraph 4-B-5-1 for additional guidance.]
�
4-A-5-2
Importance of Cooperation Between the Losing and the Gaining
Competitive Areas
i
The competitive areas that are
losing and gaining a function must cooperate in meeting their responsibility
to determine: (5 CFR 351.204)
(a)Whether the transfer of function
provisions apply to the movement of work from one competitive area to
another;
(b)Based on the transfer of function
determination subparagraph in 4‑A-5-2‑(a)
above, which competitive area is responsible for personnel actions if
competing employees are subsequently separated or downgraded; and
(c)If the agency separates or downgrades competing employees
following the transfer of the function, what specific personnel procedures
the agency used (for example, reduction in force or adverse action) to carry
out the action.
Section 6, Identification of Employees and Positions
With a Transferring Function-General
Introduction
This section contains an overview of the procedures
agencies use to identify positions and employees with a transferring
function.
�
Contents
This
section contains the following topics:
Topic
See Paragraph
Responsibility
of Losing Competitive Area to Identify Positions and Employees
4-A-6-1
Agencies
Use Two Procedures to Identify Positions and Employees for Transfer
4-A-6-2
The
Two Identification Procedures are Mandatory
4-A-6-3
Use
of Identification Method One Versus Use of Identification Method Two
4-A-6-4
Using
the Position Description to Identify Employees for Transfer
4-A-6-5
Supplementing
the Position Description to Identify Employees for Transfer
4-A-6-6
�
Additional
Information
When appropriate, Restructuring Information Handbook
Module 4, Unit B (Guidance) has additional information on material in Unit
4-A.
To find
additional information on these key paragraphs in Unit 4-A,
In Unit 4-B
see paragraph:
4-A-6-5
4-B-6-5
4-A-6-6
4-B-6-6
�
B
This
symbol highlights where you can find additional material in Unit 4-B.
�
i
This
symbol guides you toward more general references on the subject in Module 4
or in other Modules.
�
Section 6,
Identification of Employees and Positions With a Transferring Function-General
�
4-A-6-1
Responsibility of the Losing Competitive Area to Identify Positions
and Employees
The competitive area losing the
function is responsible for identifying positions and employees for transfer
with the function.� (5 CFR 351.302(a))
4-A-6-2
The Two Procedures Agencies Use to Identify Positions and Employees
for Transfer
i
i
The transfer of function regulations
provide for two procedures that the losing competitive area must use in
identifying both positions and employees for transfer: (5 CFR 351.303(a)(1))
(a)Identification Method One; (5 CFR 351.303(a)(1)),
and
The losing competitive area may only
use Identification Method One or Identification Method Two to identify
employees for transfer with a function.�
(5 CFR 351.303(a))
(a)The losing competitive area may not
substitute a different procedure that would change the right of an employee
identified under Identification Method One or Identification Method Two to
transfer with a function.
(b)The losing competitive area may
allow employees not identified under Method One or Method Two to volunteer
for transfer provided that no employee with a right to transfer is separated
or downgraded because of this decision (see Section 4‑A‑13 for additional information for volunteers to
transfer).� (5 CFR 351.303(e)(1))
�Identification Method One generally applies to line
positions (for example, positions in an engineering development function),
while Identification Method Two generally applies to support positions (for
example, positions in a typing pool that service the engineering development
function as well as other functions).
�
4-A-6-4
Use of Identification Method One Versus Use of Identification Method
Two
The losing competitive area must use
"Identification Method One"
to identify each employee for transfer when this procedure applies to the
situation.� (5 CFR 351.303(b))
�The losing competitive area uses "Identification Method Two" only
to identify positions not covered by Identification Method One.� (5 CFR 351.303(b))
�
4-A-6-5
Using the
Position Description to Identify Employees for
Transfer
�
B
The losing competitive area identifies each competing employee with a
transferring function on the basis of the employee's official position
description.� (5 CFR 351.303(a))
[See paragraph 4-B-6-5 for additional guidance.]
�
4-A-6-6
Supplementing
the Position Description to Identify Employees for Transfer
B
In determining what percentage of
time an employee performs a function, the losing competitive area may
supplement the official position description by the use of material such as
official work reports, organizational time logs, and similarly appropriate
items. (5 CFR 351.303(c)(3))
[See paragraph 4-B-6-6
for additional guidance.]
�
Section 7, Identification Method One
�
Introduction
This section covers Identification Method One, which is
one of two procedures that agencies use to identify employees with a
transferring function.
�
Contents
This
section contains the following topics:
Topic
See Paragraph
Identification
Method One-General
4-A-7-1
Grade-Controlling
Duties Must Support Grade of Position
4-A-7-2
Identification
of Positions When Both Methods One and Two Apply to the Same Register
4-A-7-3
Additional
Information
When appropriate, Restructuring Information Handbook
Module 4, Unit B (Guidance) has additional information on material in Unit
4-A.
�
B
This
symbol highlights where you can find additional material in Unit 4-B.
�
i
This
symbol guides you toward more general references on the subject in Module 4
or in other Modules.
�
Section 7, Identification Method
One
�
4-A-7-1
Identification Method One
B
Under Identification Method One, the
losing competitive area identifies a competing employee with a transferring
function if:
(a)The employee performs the function
during at least half of the employee's work time; (5 CFR 351.303(c)(1)), or
(b)Regardless of the amount of time
that the employee performs the function, the function includes the employee's
grade‑controlling duties.� (5 CFR
351.303(c)(2))
[See paragraph 4-B-7-1 for additional guidance.]
�
4-A-7-2
Grade-Controlling Duties Must Support Entire Grade of Position
The losing competitive area
identifies a competing employee with a transferring function based on grade‑controlling
duties only if the employee's work on the transferring function would, by
itself, support the employee's present grade.
4-A-7-3
Identification Method Two‑Transfer of Positions When Both
Method One and Method Two Apply to the Same Retention Register
i
In some situations, the agency may
find that some employees are identified for transfer under Identification
Method One, and other employees on the same position are properly identified
for transfer under Identification Method Two.�
(5 CFR 351.303(b))
�See paragraph 4‑A‑8‑5 for additional guidance.
�
Section 8, Identification Method Two
Introduction
This section covers Identification Method Two, which is
second of two procedures that agencies use to identify employees with a
transferring function.
�
Contents
This
section contains the following topics:
Topic
See Paragraph
Identification
Method Two-General
4-A-8-1
Number
of Employees With Right to Transfer
4-A-8-2
Developing
Retention Registers
4-A-8-3
Using
Retention Registers to Identify Employees for Transfer
4-A-8-4
Identification
of Positions When Both Methods One and Two Apply to Same Register
4-A-8-5
�
Additional
Information
When appropriate, Restructuring Information Handbook
Module 4, Unit B (Guidance) has additional information on material in Unit
4-A.
To find
additional information on these key paragraphs in Unit 4-A,
In Unit 4-B
see paragraph:
4-A-8-1
4-B-8-1
4-A-8-3
4-B-8-3
�
B
This
symbol highlights where you can find additional material in Unit 4-B.
�
i
This
symbol guides you toward more general references on the subject in Module 4
or in other Modules.
Section 8, Identification Method
Two
�
4-A-8-1
Identification Method Two‑General
B
An agency uses Identification Method Two to identify a competing
employee with a transferring function if: (5 CFR 351.303(d))
(a)The employee performs the function
during less than half of the employee's work time; and,
(b)The employee's duties on the
function are not grade‑controlling.
[See paragraph 4-B-8-1 for additional guidance.]
4-A-8-2
Identification Method Two‑Number of Employees with a Right to
Transfer
Under Identification Method Two, the
losing competitive area must first identify the number of positions it needed
to perform the transferring function.�
(5 CFR 351.303(d))
(a)The number of employees with the
right to transfer with the function under Identification Method Two is the
number of positions that the losing competitive area needed to perform the
transferring function.� (5 CFR
351.303(d))�
(b)Identification Method Two does not
provide a transfer of function right based upon less than one position (for
example, if the losing competitive area needed less than one position to
perform the transferring function), or for a fraction of a position (for
example, if the losing competitive area needed 2.5 positions to perform the
transferring function, the losing competitive area identifies two positions).� (5 CFR 351.303(d))
After determining the number of positions it needed to perform the
transferring function (see paragraph 4‑A‑8‑2
above), the losing competitive area must then establish retention registers
that include only the names of all competing employees who perform the
function, and are not covered by Identification Method One.� (5 CFR 351.303(d))
(a)An employee who did not perform the
transferring function is not listed on a retention register that the agency
establishes for employees covered by Identification Method Two.� (5 CFR 351.303(d))�
�This means that the agency does not automatically use the
same retention registers that would be used for reduction in force
competition.
[See paragraph 4-B-8-3 for additional guidance.]
(b)"Retention Register" is a reduction in force term that OPM's
reduction in force regulations generally use interchangeably with the term
"Competitive Level."� (5 CFR 351.404(a))
�Subparagraph 3‑A‑4‑1‑(o)
in Restructuring Information Handbook Module 3 ("Reduction in Force"), defines "Retention Register."
�Paragraph 3‑A‑9‑1
in Module 3 further explains both "Retention
Register" and "Competitive
Level."
4-A-8-4
Identification Method Two‑Using Retention Registers to Identify
Employees for Transfer with the Function
i
i
To determine which competing
employees are identified for transfer under Identification Method Two, the
losing competitive area uses the retention registers it established under
paragraph 4‑A‑8‑7
above and identifies employees in the inverse order of their retention
standing, except as provided in subparagraph 4‑A‑8‑5‑(b) below.� (5 CFR 351.303(d))
(a)Under this basic procedure, the
agency identifies the employee with the lowest standing on the retention
register for transfer with the function under Identification Method Two.� (5 CFR 351.303(d))
�
(b)If for any retention register the
agency's use of the basic procedure covered in subparagraph 4‑A‑8‑4-(a) above
would result in the separation or demotion by reduction in force of an
employee with higher retention standing than the employee who is transferred
under Identification Method Two, the agency identifies competing employees on
that register for transfer in the actual order of their retention
standing.� (5 CFR 351.303(d))
�Under this alternative procedure, the agency identifies
the employee with the highest standing, rather than the employee with the
lowest standing, on the retention register for transfer with the function
under Identification Method Two.� (5
CFR 351.303(d))
�This may occur in a "Sunset" or similar situation when the losing agency is being
abolished, a continuing function will transfer to a continuing competitive
area, and employees who do not transfer are faced with separation or
downgrading by reduction in force in the losing competitive area.
(c)In a transfer of function held concurrent with a reduction
in force in the losing competitive area, the agency may find that under
Identification Method Two, on some retention registers it identifies
employees for transfer in the inverse order of their retention standing, and
on other registers, the agency identifies employees in the actual order of
their retention standing.� (5 CFR
351.303(d))
�Regardless of the order of retention standing, under
Identification Method Two the losing competitive area identifies for transfer
only the number of positions it needed to perform the transferring function.
4-A-8-5
Identification Method Two‑Transfer of Positions when Both
Method One and Method Two Apply to the Same Retention Register
In some situations, the agency may find in developing a retention
register under Identification Method Two, that some employees on the
retention register are actually identified for transfer under Identification
Method One, and other employees on the same retention register are identified
for transfer under Identification Method Two.�
(5 CFR 351.303(b))
�This situation can develop when some employees working in
support of a transferring line function spend at least half of their work
time on the transferring function, while other employees working in support
of the same line function spend less than half of their work time on the
transferring function, and the balance of their work time supporting other
line functions.
(a)In this situation, the losing
competitive area first identifies all employees with transfer of function
rights under Identification Method One, without regard to the total number of
employees that the losing competitive area needed to perform the transferring
function.� (5 CFR 351.303(b))
(b)The losing competitive area then
refers to the total number of positions it needed to perform the transferring
function.
(c)If the losing competitive area finds
that the total number of positions needed to perform the transferring
function is:
(1)The same or less than the number of employees
identified for transfer under Identification Method One, then all of the
Method One employees are identified for transfer; (5 CFR 351.303(b)), or
(2)Greater than the number of employees identified
for transfer under Identification Method One, then the losing competitive
area uses Identification Method Two to identify the remaining employees for
transfer until the total number of employees identified under Identification
Methods One and Method Two equals the total number of positions needed to
perform the transferring function.� (5
CFR 351.303(d))
�
Section 9, Employees of the Losing Competitive Area
�
Introduction
This section covers how the transfer of function
regulations apply to employees of the losing competitive area.
�
Contents
This
section contains the following topics:
Topic
See Paragraph
Right
of Employee to Transfer
4-A-9-1
Separation
of Employee Who Refuses to Transfer
4-A-9-2
Use
of RIF Procedures in the Losing Competitive
Area
4-A-9-3
Additional
Information
When appropriate, Restructuring Information Handbook
Module 4, Unit B (Guidance) has additional information on material in Unit
4-A.
To find
additional information on these key paragraphs in Unit 4-A,
In Unit 4-B
see paragraph:
4-A-9-1
4-B-9-1
4-A-9-2
4-B-9-2
4-A-9-3
4-B-9-3
�
B
This
symbol highlights where you can find additional material in Unit 4-B.
�
i
This
symbol guides you toward more general references on the subject in Module 4
or in other Modules.
�
Section 9, Employees of the Losing Competitive Area
�
4-A-9-1
Right of an Employee to Transfer with the Function
Regardless of an employee's personal preference, a competing employee
who is identified for transfer under Identification Method One or
Identification Method Two has no right to transfer with a function unless the
alternative is separation or downgrading of the employee by reduction in
force in the competitive area losing the function. (5 CFR 351.302(c))
This means that a competing employee who is identified
with a transferring function has the right to transfer with the function to
the gaining competitive area if, after the transfer of function, the employee
will be separated or downgraded in the losing competitive area.� (5 CFR 351.302(c))
B
[See paragraph 4-B-9-1 for additional guidance.]
�
4-A-9-2
Separation of an Employee Who Refuses to Transfer with the Function
i
The losing competitive area uses adverse action procedures under
authority of 5 CFR Part 752 if it chooses to separate an employee who
declines to transfer with the function.�
(5 CFR 351.302(d))
(a)In lieu of using adverse procedures
to separate the employee who refuses to transfer with the function, the
agency may instead:
(1)Reassign the employee to another
continuing position under the agency's general authority to reassign
employees; (5 CFR 335.102), or
(2)Allow the employee to compete for
positions in a concurrent reduction in force in the losing competitive area.� (5 CFR 351.302(e)) �
�See paragraph 4‑A‑9‑3 below for additional guidance.
B
[See paragraph 4-B-9-2 for additional guidance.]
4-A-9-3
Use of Reduction in Force Procedures in the Losing Competitive Area
B
The losing competitive area may not conduct a reduction in force
solely for the benefit of employees who decline to transfer with their
function.� (5 CFR 351.302(e))
�At its option, the losing competitive area may include
employees who decline to transfer with their function as part of a concurrent
reduction in force conducted for other reasons.� (5 CFR 351.302(e))
[See paragraph 4-B-9-3 for additional guidance.]
Section 10, Employees of the Gaining
Competitive Area
Introduction
This section covers how the transfer of function
regulations apply to employees of the gaining competitive area.
�
Contents
This
section contains the following topics:
Topic
See Paragraph
No
Impact in Gaining Competitive Area Without Other Organizational Changes
4-A-10-1
Transferring
Employees Compete on Basis of Positions of Record
4-A-10-2
Rights
of Transferred Employees in the Gaining Competitive Area
4-A-10-3
Actual
Relocation of Transferring Employees Not Necessary Before RIF
4-A-10-4
Employees
Separated by Reduction in Force Covered by Reemployment Priority List in
Gaining Competitive Area
4-A-10-5
Status
of Competitive Service Positions
4-A-10-6
Additional
Information
When appropriate, Restructuring Information Handbook
Module 4, Unit B (Guidance) has additional information on material in Unit
4-A.
To find
additional information on these key paragraphs in Unit 4-A,
In Unit 4-B
see paragraph:
4-A-10-3
4-B-10-3
4-A-10-6
4-B-10-6
�
B
This
symbol highlights where you can find additional material in Unit 4-B.
�
i
This
symbol guides you toward more general references on the subject in Module 4
or in other Modules.
�
Section 10, Employees of the Gaining Competitive Area
�
4-A-10-1
No Impact of the Transfer of Function on Employees of the Gaining
Competitive Area without Other Organizational Changes
The transfer of function provisions
do not affect employees of the gaining competitive area if the transfer does
not require a reduction in force, or other personnel actions, in that
organization.
�
4-A-10-2
Transferring Employees Compete for Positions on the Basis of Their
Positions of Record
The losing competitive area transfers each employee identified for
transfer with the function to the gaining competitive area on the basis of
the position that the employee held prior to the transfer.
(a)If the gaining competitive area
conducts a reduction in force at the same time of the transfer of function,
the transferred employee competes for retention on the basis of the position
that the employee held prior to the transfer.�
(5 CFR 351.404(a))
(b)If the gaining competitive area does
not conduct a reduction in force at the same time of the transfer of
function, the gaining competitive area must still take an appropriate
personnel action (for example, reassignment) to move the incoming employee
from the position that the employee held prior to the transfer to a new
position at the same grade.
�
4-A-10-3
Rights of Transferred Employees in the Gaining Competitive Area
Competing employees identified for transfer with the function by the
losing competitive area have a right to:
(a)Transfer to the gaining competitive
area before being separated or downgraded by reduction in force; (5 CFR
351.302(a)), and
(b)Compete on equal terms with
employees in the gaining competitive area in any reduction in force that
takes place concurrent with, or after, the transfer of function.� (5 CFR 351.302(a))
�Employees identified by the losing competitive area for
transfer with the function compete for retention on registers comprised of
both themselves and employees working in the gaining competitive area at the
time of transfer.� (5 CFR 351.302(a))
�A transferred employee who is reached for a reduction in
force action in gaining competitive area has no retention rights in the
losing competitive area.� (5 CFR
351.302(e))
B
[See paragraph 4-B-10-3
for additional guidance.]
�
4-A-10-4
Actual Relocation of Transferring Employees Not Necessary Before a
Reduction in Force
The gaining competitive area may determine the retention rights of
transferring employees in a reduction in force conducted at the same time as
the transfer of function without an actual relocation of employees from the
losing competitive area.�
�To assist in a reduction in force following the transfer
of function, the losing competitive area may act as agent for the gaining
competitive area in providing information to transferring employees and, if
applicable, in processing lump sum annual leave payments and severance pay.
�
4-A-10-5
Employees
Separated by Reduction in Force Covered by Reemployment Priority List in
Gaining Competitive Area
i
The gaining competitive area places each transferred employee who is
separated by reduction in force on its Reemployment Priority List.� (5 CFR 330.203(g))�
�Neither the losing competitive area, nor the gaining
competitive area, has authority to place a transferred employee who is
separated by reduction in force on the Reemployment Priority List of the
losing competitive area.� (5 CFR
330.206(a))�
�Restructuring Information Handbook Module 6 covers the
"Reemployment Priority List."
�
4-A-10-6
Status of Competitive Service Positions
B
When the position of an employee who
is in the competitive service and has competitive status is moved to a new
organization as part of a reorganization or transfer of function, the
position remains in the competitive service during the employee's
incumbency.� (5 CFR 212.401)
[See paragraph 4-B-10-6 for additional guidance.]
�
Section 11, Transfer for Liquidation
�
Introduction
This section covers the transfer of a function that will
terminate within 60 days in the gaining competitive area.
�
Contents
This
section contains the following topics:
Topic
See Paragraph
Limited
Rights After Transfer for Liquidation
4-A-11-1
No
Right to Transfer With Terminated Function
4-A-11-2
Additional
Information
When appropriate, Restructuring Information Handbook
Module 4, Unit B (Guidance) has additional information on material in Unit
4-A.
To find
additional information on this key paragraph in Unit 4-A,
In Unit 4-B
see paragraph:
4-A-11-2
4-B-11-2
�
B
This
symbol highlights where you can find additional material in Unit 4-B.
�
i
This
symbol guides you toward more general references on the subject in Module 4
or in other Modules.
�
Section 11, Transfer for
Liquidation
4-A-11-1
Limited
Rights After Transfer for Liquidation
i
A competing employee who is identified with a function specifically
authorized at the time of transfer to continue in the gaining competitive
area for no more than 60 days is not a competing employee for other positions
in the gaining competitive area.� (5
CFR 351.302(b))�
(a)An employee has the right to
transfer to the gaining competitive area solely for the purpose of separation
by reduction in force.� (5 CFR 351.302(b))�
(b)An employee whose position is
transferred solely for liquidation is placed on the Reemployment Priority
List of the gaining rather than the losing competitive area.� (5 CFR 330.203(a))
�Restructuring Information Handbook Module 6 covers the
"Reemployment Priority List".
�
4-A-11-2
No Right to
Transfer for With Terminated Function
B
The transfer of function regulations do not apply to the transfer of
a function which is terminated in the losing competitive area, and is
subsequently transferred to another competitive area for final
completion.� (5 CFR 351.302(b))�
�A competing employee who the agency
identifies with a terminated program is a competing employee in the losing
competitive area for reduction in force competition.
[See paragraph 4-B-11-2 for additional guidance.]
�
Section 12, Transfer of Function Canvass Letters
�
Introduction
This section covers transfer of function canvass letters.
�
Contents
This
section contains the following topics:
Topic
See Paragraph
Purpose
of Canvass Letters
4-A-12-1
Canvass
Letters Are Optional
4-A-12-2
Transfer
of Function Canvass Letters Used Only In Geographic Move
4-A-12-3
Content
of Canvass Letters
4-A-12-4
Acceptance
of Offer to Transfer
4-A-12-5
Declination
of Offer to Transfer
4-A-12-6
Additional
Information
When appropriate, Restructuring Information Handbook
Module 4, Unit B (Guidance) has additional information on material in Unit
4-A.
To find
additional information on this key paragraph in Unit 4-A,
In Unit 4-B
see paragraph:
4-A-12-1
4-B-12-1
�
B
This
symbol highlights where you can find additional material in Unit 4-B.
�
i
This
symbol guides you toward more general references on the subject in Module 4
or in other Modules.
�
Section 12, Transfer of Function
Canvass Letters
�
4-A-12-1
Purpose of
Canvass Letters
i
i
B
The losing competitive area may use a canvass letter to ask each
competing employee identified with a transferring function whether the
employee will actually transfer with the function to a new geographic
location.� (5 CFR 351.302(g))�
(a)The losing competitive area is not
required to offer a specific position in the transfer of function canvass
letter.� (5 CFR 351.302(g))
�See paragraphs 4‑A‑12‑5 and 4‑A‑12‑6 below for additional guidance.
(b)The transfer of function canvass
letter is an initial offer for an employee to transfer with the function to a
different local commuting area.� (5 CFR
351.302(g))
�See paragraphs 4‑A‑12‑5 and 4‑A‑12‑6 below for additional guidance.
[See paragraph 4-B-12-1 for additional guidance, and two sample
transfer of function canvass letters.]
4-A-12-2
Canvass Letters are Optional
The losing competitive area, at its option, may decide: (5 CFR
351.302(g))�
(a)Whether to issue a transfer of
function canvass letter to employees;
(b)The format of the transfer of
function canvass letter;
(c)How long before the transfer of
function to issue the canvass letter to employees; and
(d)How long before an employee who
receives the transfer of function canvass letter must respond to the agency's
request for a decision on whether or not the employee will relocate.
4-A-12-3
Transfer of
Function Canvass Letters Used Only In Geographic Move
The losing competitive area may issue a canvass letter if the
transfer of function is based upon the movement of:
(a)A function from one competitive area
to another competitive area that is located in a different local commuting
area; (5 CFR 351.302(g)), or
(b)The entire competitive area to a
different local commuting area.� (5 CFR
351.302(g))�
�The losing competitive area may not issue a canvass letter
to an employee who is identified with a function that is not moving to a
different local commuting area.� (5 CFR
351.302(g))
�
4-A-12-4
Content of
Canvass Letters
The losing competitive area should use the canvass letter to provide
an employee identified for transfer with sufficient information to decide
whether the employee wishes to transfer with the function to a gaining
competitive area that is located in a different local commuting area.� (5 CFR 351.302(g))
�
(a)In the canvass letter, the losing competitive area should
explain to the employee what would result from the employee's decision to
accepting or decline this initial offer to transfer with the function to a
different local commuting area.
(b)The losing competitive area should allow a reasonable
period of time for the employee with to make a decision on whether or not to
accept the offer to transfer with the function to a different local commuting
area.
�
4-A-12-5
Acceptance of the Offer to Transfer
By accepting the initial offer in
the canvass letter to transfer with the function, the employee simply
indicates a willingness to transfer to the gaining competitive area.� (5 CFR 351.302(g))
(a)An employee who accepts the offer to
transfer will be in competition for positions in the gaining competitive area
(see Section 4‑A‑9).� (5
CFR 351.302(g))�
(b)An employee who initially accepts
the offer to transfer with the function is not bound by that decision and may
later change the acceptance offer without penalty.� (5 CFR 351.302(g))�
(c)An employee who initially accepts
the offer to transfer with the function to a different local commuting area,
but later declines the offer, is not entitled to an extension in active duty
status regardless of whether the agency chooses to separate the employee
from:
(1)The losing competitive area for
failure to transfer with the function; or
(2)The gaining competitive area for
abandonment of position.
4-A-12-6
Declination
of Offer to Transfer
i
i
i
Declination of the Offer to Transfer.� If the employee declines the
initial offer to transfer in the canvass letter, the losing competitive area
has the right to propose the employee's separation under adverse action
procedures.� (5 CFR 351.302(d))
�See paragraph 4‑A‑9‑2 for additional guidance.
�
(a)By electing not to transfer with the
function in the canvass letter, the employee becomes eligible for placement
assistance in the employee's agency under the "Career Transition Assistance Plan" (CTAP).�
�The "Career
Transition Assistance Plan"is
covered in Restructuring Information Handbook Module 7.
�An employee who is separated after declining an offer to
transfer with the function to a different local commuting area is entitled to
reemployment priority in other Federal agencies under the "Interagency Career Transition Assistance
Plan" (ICTAP).
�Restructuring
Information Handbook Module 8 covers the Interagency
Career Transition Assistance Plan" .
(b)By electing
not to transfer with the function in the canvass letter, the losing
competitive area will not release the employee from duty any sooner than
employees who elect in the canvass letters to transfer with the
function.� (5 CFR 351.302(f))
�
Section 13, Volunteers for Transfer
�
Introduction
This section covers the option of employees volunteering
to transfer with a function.
�
Contents
This
section contains the following topics:
Topic
See Paragraph
Use
of Volunteers-General
4-A-13-1
Optional
Use of Volunteers
4-A-13-2
Temporary
Employees May Volunteer
4-A-13-3
Volunteers
and Retention Standing
4-A-13-4
Additional
Information
When appropriate, Restructuring Information Handbook
Module 4, Unit B (Guidance) has additional information on material in Unit
4-A.
To find
additional information on this key paragraph in Unit 4-A,
In Unit 4-B
see paragraph:
4-A-13-1
4-B-13-1
�
B
This
symbol highlights where you can find additional material in Unit 4-B.
�
i
This
symbol guides you toward more general references on the subject in Module 4
or in other Modules.
�
Section 13, Volunteers for
Transfer
�
4-A-13-1
Volunteers
for Transfer
B
The losing competitive area may permit other employees of the agency
to volunteer for transfer with the function in place of competing employees
identified under Identification Method One or Identification Method Two.� (5 CFR 351.303(e)(1))�
�The gaining competitive area should agree to the transfer
of volunteers since these employees have no right to transfer with the
function.
[See paragraph 4-B-13-1 for additional guidance.]
�
�4-A-13-2
Use of Volunteers is Optional
At its option, the losing
competitive area may permit other employees to volunteer for transfer with
the function only if no competing employee who is identified under
Identification Method One or Identification Method Two is separated or
demoted solely because a volunteer transferred to the gaining competitive
area in place of the employee identified with the function.� (5 CFR 351.303(e)(1))
4-A-13-3
Temporary
Employees May Volunteer
The losing competitive area may permit noncompeting employees in
temporary positions to volunteer for transfer with the function to the
gaining competitive area.
(a)The losing competitive area may
allow employees to volunteer for transfer with the function only if no
competing employee who is identified under Identification Method One, or
Identification Method Two, is separated or demoted solely because a volunteer
transferred to the gaining competitive area in place of the employee
identified with the function.� (5 CFR
351.303(e)(1))
�
(b)The gaining competitive area must
agree to the transfer of volunteers who are temporary employees since these
employees have no right to transfer with the function.� (5 CFR 351.303(e)(1))
�
4-A-13-4
Volunteers
and Retention Standing
If the total number of employees who
volunteer for transfer exceeds the number of employees required to perform
the function in the gaining competitive area, the losing competitive area, at
its option, may give preference to the volunteers with the highest retention
standing.� (5 CFR 351.303(e)(2))
�
Section 14, Transfer of Function Appeals and
Grievances
�
Introduction
This section covers the potential right of an employee to
file an appeal or grievance if the employee believes that the agency
improperly applied the transfer of function regulations.
�
Contents
This
section contains the following topics:
Topic
See Paragraph
No
Basic Right to File a Transfer of Function Appeal or Grievance
4-A-14-1
Transfer
of Function Issues in a Grievance
4-A-14-2
Additional
Information
When appropriate, Restructuring Information Handbook
Module 4, Unit B (Guidance) has additional information on material in Unit
4-A.
To find
additional information on this key paragraph in Unit 4-A,
In Unit 4-B
see paragraph:
4-A-14
4-B-14
�
B
This
symbol highlights where you can find additional material in Unit 4-B.
�
i
This
symbol guides you toward more general references on the subject in Module 4
or in other Modules.
Section 14, Transfer of Function
Appeals and Grievances
�
4-A-14-1
No Basic Right to Appeal a Transfer of Function
i
B
An employee may raise a transfer of function issue as part of an
appeal to the Merit Systems Protection Board of a subsequent reduction in
force or adverse action that the employee believes resulted from the transfer
of function.� (5 CFR 351.901)
�An employee has no right to appeal a transfer of function
to the Board except as an issue in another appeal under the Board's
jurisdiction (for example, reduction in force, adverse action, etc).� (5 CFR 1201.3(a))�
�Section 3‑A‑33
of Restructuring Information Handbook Module 3 ("Reduction in Force") covers reduction in force appeals to
the Merit Systems Protection Board.
[See paragraph 4-B-14-1 for additional guidance.]
�
4-A-14-2
Transfer of
Function Issues in a Grievance
i
An employee
in a bargaining unit covered by a negotiated grievance procedure that does
not exclude reduction in force must use the negotiated grievance procedure
and may not appeal the reduction in force action to the Merit Systems
Protection Board.� (5 CFR 351 1201.3(c)(1))
�Section 3‑A‑34
of Module 3 covers reduction in force grievances.
