PERSONNEL MANAGEMENT . . . REASSIGNMENT

Federal Communications Commission, Washington, D.C. and Chapter 209, National Treasury Employees Union, Case No. 99 FSIP 168, March 20, 2000 (Release No. 430).

The UNION proposed that:

1. The Agency give the Union advance notice (five workdays) of all positions that could be filled through reassignment.

2. Unless otherwise agreed, each reassignment opportunity would be announced under the merit promotion vacancy procedure in the collective bargaining agreement.

3. The vacancy announcement would specify that the Agency is primarily seeking reassignment eligibles and that the Agency will try to fill the job from qualified reassignment eligibles before considering promotion candidates.

4. Reassignments would be made on the basis of seniority, i.e., Entrance on Duty (EOD) date at FCC or Service Computation Date if two employees have the same EOD.

5. The Agency would consider qualified volunteers for reassignment first, and would consider merit promotion applications before turning to other sources.

6. If involuntary reassignment is necessary, the Agency would select the least senior qualified reassignment eligible.

7. The Agency pay, to "the maximum degree of its discretion," the moving expenses of employees selected via reassignment.

Basically, the AGENCY proposed that:

1. Employees interested in reassignment to another organizational unit would submit written notices of interest. These notices would be maintained for 90 days.

2. Vacancies filled through lateral reassignment would be posted on the intranet for two days, unless certain agreed exceptions apply.

3. When selecting reassignment candidates, it would "consider such factors as 'seniority, experience, job performance, personal attributes, education and other relevant job qualifications, and organizational need.'"

4. The relocation expenses for employees selected for reassignment would be paid 'as required by applicable law and regulations.'"

5. A list of all reassigned employees would be given to the Union annually.

The PANEL ordered the parties to adopt the following wording:

Section 1 - Notification

The Employer will notify the Union of lateral (non-competitive) reassignment opportunities affecting bargaining-unit employees as they arise. If, on a case-by-case basis, there is no objection by the Union that a particular employee be reassigned, no general notification to unit employees regarding the reassignment opportunity is required. If the Union objects, the Employer will post on the intranet for a period of [five] workdays each vacancy to be filled through reassignment and the minimum qualifications employees must possess to volunteer for the vacancy. Qualified employees may volunteer for the reassignment by contacting the appropriate Bureau/Office where the vacancy occurs.

Section 2 - Selection Criteria

Management will consider volunteers based on such factors as experience, job performance, personal attributes, education and other relevant job qualifications, and organizational need. If the qualifications, and suitability of candidates are equal, the most senior qualified volunteer will be selected. If there are no qualified volunteers, management will select from among eligible employees based on such factors as experience, job performance, personal attributes, education and other relevant job qualifications, and organizational need. If the qualifications and suitability of candidates are equal, the least senior qualified employee will be selected.

Section 3 - Relocation Expenses

The Employer agrees to pay relocation expenses as required by applicable law and regulations.

Section 4 - Reassignment List

The Employer will provide the Union a listing of all reassignments on an annual basis.

Section 5 - Definition of Seniority

Seniority for the purposes of this Article is defined as FCC Entrance on Duty Date (EOD), and by Service computation Date if two employees have the same EOD.

Section 6 - Grievability

The Employer's determinations regarding demonstrated differences in the qualifications and suitability of employees are subject to challenge through the parties negotiated grievance/arbitration procedure.