ARTICLE 23: TRANSFER POLICY

Official CBA pages 100-107

Official CBA Page 100

ARTICLE 23: TRANSFER POLICY

A. PURPOSE: The Parties recognize the value of allowing bargaining unit employees the

flexibility to voluntarily move to covered positions at other TSA airports to balance work life

interests and/or career goals.

B. DEFINITIONS:

1. Entry on Duty Date (EOD): For the purposes of this Article, the date the bargaining unit

employee began employment with TSA (in a position within the bargaining unit) as

reflected by the effective date on the bargaining unit employee’s Notification of Personnel

Action, Standard Form 50 (SF-50).

2. Job Swap Program: The voluntary transfer between two (2) eligible bargaining unit

employees in the same position seeking to exchange duty stations.

3. National Transfer Program (NTP): A program that provides for the voluntary, non-

competitive permanent change of duty station to a vacant position at a different airport for

which the bargaining unit employee is eligible.

4. Seniority: For purposes of this Article, seniority is defined as the bargaining unit

employee’s Entry on Duty date (EOD). If bargaining unit employees have identical EODs,

the following tiebreakers will be used:

a. The Service Computation Date (SCD) will be used as the first tiebreaker.

b. Any ties remaining after the application of the above process will be resolved by a

randomizer, such as www.random.org.

5. Service Computation Date (SCD): The date, either actual or constructed by crediting

service, used to determine annual leave that is based on how long the bargaining unit

employee has been in the Federal service. For a bargaining unit employee with no prior

creditable civilian or military service, the SCD is the effective date of the bargaining unit

employee’s first Federal civilian appointment.

C. BARGAINING UNIT EMPLOYEE OPTIONS FOR TRANSFERS: Bargaining unit

employees who want to transfer to covered positions at other TSA airports have two (2)

potential program options - the NTP and the TSA Job Swap Program. Bargaining unit

employees will be responsible for any expenses related to voluntary transfers and Job Swaps.

D. ELIGIBILITY:

1. To participate in the NTP, there must be a vacancy at the receiving airport. Bargaining unit

employees will have the opportunity to be trained and must successfully complete all

required training and certification requirements in the receiving airport. Bargaining unit

employees may request transfers for positions they currently occupy, have previously held,

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or could otherwise qualify for as set forth in the chart below [the table refers to current

position titles as of the effective date of this CBA].

Position May transfer to:

TSO TSO

LTSO LTSO or TSO positions

EMT EMT or TSO positions (LTSO if previously held)

ESTI ESTI, MSTI or TSO positions (LTSO if previously held)

MSTI MSTI or TSO positions (LTSO if previously held)

ETSO* May transfer to TSO (LTSO if previously held)

*ETSO is an incumbent only position.

Note: For bargaining unit employees on 100% official time who seek to transfer, please

see Article 6: Union Representatives and Official Time.

2. The employee requesting to transfer must have been employed with TSA as a bargaining

unit employee for at least one (1) year.

3. A bargaining unit employee on a Performance Improvement Plan (PIP) is not eligible for a

transfer. However, a bargaining unit employee on a PIP may be allowed to transfer at the

discretion of management at the receiving airport.

4. A bargaining unit employee must not have received a suspension(s) of four to fourteen (4-

14) days within the previous six (6) months or an adverse action(s) within the previous

twelve (12) months.

5. The bargaining unit employee must not be under investigation pending a potential

disciplinary or adverse action. If such bargaining unit employee would have been

transferred but for the investigation and is subsequently cleared, the employee will be

offered the next available transfer to the previously requested airport consistent with the

eligibility requirements set forth in this section.

6. The bargaining unit employee must be in a full-duty status; if on limited or light duty, the

bargaining unit employee must have documentation indicating a return to full duty within

thirty (30) calendar days of the effective date of the transfer.

7. If a bargaining unit employee accepts a transfer and then later withdraws their acceptance,

the bargaining unit employee will be prohibited from submitting another request for

transfer to any location for three (3) months unless approved by management.

8. Nothing in Section D of this Article will preclude management from approving the

voluntary transfer of a bargaining unit employee to another TSA airport if management at

both the losing and gaining airports agree to the transfer.

Official CBA Page 102

E. NATIONAL TRANSFER PROGRAM PROCESS:

1. The NTP applies to all categories of airports and to all employees in the bargaining unit.

a. For Transfers from Airports with 300 or More bargaining unit employees (as set forth

in the most recent report provided under Article 36: Communications, Section B.12

from when the transfer is approved): Management at the losing airport may not deny

or delay a transfer of an eligible bargaining unit employee.

b. For Transfers from Airports with Less than 300 bargaining unit employees (as set forth

in the most recent report provided under Article 36: Communications, Section B.12

from when the transfer is approved): Management may not deny, but may delay, a

transfer of an eligible bargaining unit employee. Management will limit delays to the

time required to fill the transferring bargaining unit employee’s vacancy, generally the

delay will not last longer than ninety (90) days.

c. If management denies or delays a bargaining unit employee’s transfer, management

will provide the bargaining unit employee with the reason for the denial or delay in

writing. Management will include the following statement in the written notice: “You

may seek representation regarding this delay/denial with your local Union

representative.”

d. A bargaining unit employee who applies for a transfer to an airport will be given priority

over other bargaining unit employees on the transfer list for that airport where a

vacancy exists and the bargaining unit employee is otherwise eligible for the transfer,

if they provide a copy of the official transfer orders for their active duty military spouse

or domestic partner to that location.

2. Methods for Submitting a Transfer Request under the NTP:

a. Bargaining unit employees, whether they have submitted a transfer request or not, will

be able to view transfer opportunities and the transfer request lists for each airport in

the NTP online automated system. The transfer request lists will contain the EODs of

transfer applicants with the names redacted.

b. Management will update the positions which are available for transfer in the online

automated system as the positions become available.

c. Bargaining unit employees must submit requests for voluntary transfers under the NTP

using the TSA online automated system. A bargaining unit employee can submit TSA

Form 1181B, Voluntary Transfer Request, instead of using the online automated system

in the following circumstances: (1) the online automated system is unavailable; or (2)

when Section D.8 and/or Section E.13 must be utilized for that bargaining unit

employee to be eligible to transfer.

Official CBA Page 103

d. The online automated system will confirm a bargaining unit employee’s request

through the e-mail address provided by the bargaining unit employee.

e. The online automated system will maintain the bargaining unit employee’s request on

the transfer list according to seniority as defined in Section B.4 of this Article for nine

(9) months.

f. TSA will maintain a page on TSA’s intranet that includes a link to the NTP online

automated system and a link to TSA Form 1181B.

3. A bargaining unit employee may withdraw the request for a transfer up until such time the

offer of transfer is made. Even if the request is withdrawn, the bargaining unit employee

can resubmit a request to the same or different locations.

4. Management at the receiving airport must consider any voluntary transfer requests in

accordance with this Article before considering other methods of recruiting for and

selecting candidates. Management will approve transfer requests consistent with the

requirements of this Article. If management denies a bargaining unit employee’s transfer

request, management will provide the bargaining unit employee with the reason for the

denial in writing.

5. All offers to transfer will be in writing. The transfer offer will include certification

requirements, start and end times, and regular days off (RDOs).

6. A bargaining unit employee must accept or decline a transfer offer, confirmed received, in

writing to the receiving airport within ten (10) business days of the date that the bargaining

unit employee was notified of the offer. If management at the receiving airport has not

received the bargaining unit employee’s acceptance or declination in the timeframe above,

management will withdraw the transfer offer. If management does not receive confirmation

of the transfer offer from the bargaining unit employee within ten (10) business days of

management’s first attempt to notify the bargaining unit employee, management will

determine the bargaining unit employee’s leave status. If a bargaining unit employee is in

a leave status, management will wait five (5) business days after confirming the bargaining

unit employee’s receipt of the offer and non-response before withdrawing the transfer offer.

7. Process for Transferring into an Airport:

a. Full-Time Bargaining Unit Employees Wanting to Transfer into Full-Time Positions:

i. Full-time TSO vacancies will be filled by alternating between eligible full-time

bargaining unit employees on the transfer list as described in Section D of this

Article and those eligible part-time bargaining unit employees at the duty station

who desire conversion from part-time to full-time consistent with Article 22:

Process for Work Status Change from Part-Time to Full-Time and Vice Versa (one

inside/one outside).

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ii. Eligible full-time bargaining unit employees will be placed on the transfer list in

seniority order consistent with this Article.

b. Part-Time Bargaining Unit Employees Wanting to Transfer into Part-Time Positions:

Eligible part-time bargaining unit employees may transfer in seniority order into

existing part-time vacancies.

c. Full-Time Bargaining Unit Employees Wanting to Transfer into Part-Time Positions:

Eligible full-time bargaining unit employees may transfer in seniority order into

existing part-time vacancies.

d. Part-Time Bargaining Unit Employees Wanting to Transfer into Full-Time Positions:

Eligible part-time bargaining unit employees may transfer in seniority order into full-

time vacancies when (1) there are no eligible full-time bargaining unit employees on

the transfer list; and (2) there are no part-time bargaining unit employees at the gaining

airport who wish to convert to full-time status consistent with Article 22: Process for

Work Status Change from Part-Time to Full-Time and Vice Versa.

8. Management at each airport will designate a representative to serve as a point of contact

(POC) for a bargaining unit employee transferring into that airport. Bargaining unit

employees may contact management’s designated representative at the receiving airport to

obtain information regarding that airport’s local procedures and guidelines. The receiving

airport will provide the transferring bargaining unit employee with a briefing and a copy

of all local procedures and guidelines.

9. If relocation is necessary in a voluntary transfer, bargaining unit employees, upon request,

will be granted up to two (2) weeks of appropriate leave (which may include Leave Without

Pay (LWOP)) absent an operational need. If a request for leave under this Section is denied

based on operational need, management will provide the reason for the denial in writing to

the bargaining unit employee.

10. A bargaining unit employee transferring to an airport with 300 or more bargaining unit

employees (as set forth in the most recent report provided under Article 36:

Communications, Section B.12 from when the transfer is approved) will be allowed to take

all previously approved annual leave as a result of the annual leave bid. All previously

approved first-come-first-served leave for a bargaining unit employee transferring to that

airport will be available on a case-by-case basis.

11. A bargaining unit employee transferring prior to July 1 to an airport with less than 300

bargaining unit employees (as set forth in the most recent report provided under Article 36:

Communications, Section B.12 from when the transfer is approved) will be allowed to take

the number of days of leave previously approved as a result of the annual leave bid for the

remainder of the year, but is not guaranteed the same dates previously approved.

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12. Both the gaining and losing airports have discretion in determining the effective date of the

transfer. If the bargaining unit employee accepts the position offered, they must execute

the voluntary transfer and report within the time frame negotiated with the gaining airport.

13. A bargaining unit employee who transfers under the NTP must remain at their new duty

location for at least six (6) months prior to seeking a transfer to another airport through the

NTP unless the gaining and losing airports agree to the transfer.

14. TSA may facilitate placement in other TSA locations such as:

a. Placement of returning military members under TSA MD 1100.30-17, Uniformed

Services Employment and Reemployment; and

b. Actions required by other policies, third-party decisions, or correction of administrative

error.

F. TSA JOB SWAP PROGRAM PROCESS:

1. Management will approve Job Swap requests for bargaining unit employees of the same

position (e.g. TSO, LTSO, EMT, STI), job status (full time/part time), gender, and

certifications (excluding equipment) provided the eligibility requirements of this Article

are met. Management may waive any requirement not essential to the particular Job Swap

request. If management denies a Job Swap request, management will provide the

bargaining unit employees with the reason for the denial in writing.

2. Management at each airport will designate a POC to certify and receive TSA Job Swap

Program requests.

3. A bargaining unit employee requesting to participate in the TSA Job Swap Program is

responsible for identifying a bargaining unit employee with whom to swap positions. TSA

will maintain a website on the TSA intranet that bargaining unit employees may use to

contact appropriate bargaining unit employees to arrange/coordinate a potential exchange

of positions/duty locations.

4. Bargaining unit employees may not give or receive payment or anything of value directly

or indirectly for swapping jobs.

5. Bargaining unit employees seeking a Job Swap must properly complete and submit TSA

Form 1181A, Voluntary Job Swap Request Form. Both bargaining unit employees must

attach a copy of their most recent annual performance appraisal to TSA Form 1181A (if no

appraisal is available, the bargaining unit employee’s current airport must confirm

satisfactory performance).

6. The POCs for the two airports involved in the TSA Job Swap request will decide consistent

with this Article whether to approve the request within ten (10) business days of the date

that both requests are received.

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7. The POCs or designees will notify both bargaining unit employees involved in the TSA

Job Swap request within five (5) business days of the date that both POCs have made and

documented their decision about the bargaining unit employees’ TSA Job Swap requests.

8. If the POCs or designees have approved the bargaining unit employees’ Job Swap request,

the bargaining unit employees must accept or decline the offer in writing within ten (10)

business days from the date the bargaining unit employees were notified of the approval.

9. Starting Dates of TSA Job Swap:

a. The affected airports will coordinate the respective departing and reporting dates with

the affected bargaining unit employees involved in an approved Job Swap.

b. If relocation is necessary in a Job Swap, bargaining unit employees, upon request, will

be granted up to two (2) weeks of appropriate leave (which may include LWOP) absent

an operational need. If a request for leave under this Section is denied based on

operational need, management will provide the reason for the denial in writing to the

bargaining unit employee.

c. A bargaining unit employee transferring to an airport with 300 or more bargaining unit

employees (as set forth in the most recent report provided under Article 36:

Communications, Section B.12 from when the transfer is approved) will be allowed to

take all previously approved annual leave as a result of the annual leave bid. All

previously approved first-come-first-served leave for a bargaining unit employee

transferring to that airport will be available on a case-by-case basis.

d. A bargaining unit employee transferring prior to July 1 to an airport with less than 300

bargaining unit employees (as set forth in the most recent report provided under Article

36: Communications, Section B.12 from when the transfer is approved) will be allowed

to take the number of days of leave previously approved as a result of the annual leave

bid for the remainder of the year, but is not guaranteed the same dates previously

approved.

G. TEMPORARY TRANSFERS:

1. Management will consider bargaining unit employee initiated requests for temporary

transfers in accordance with this Section.

2. Bargaining unit employees who wish to transfer to a different duty location on a temporary

basis may apply for a temporary transfer. A bargaining unit employee seeking a temporary

transfer must submit a request in writing to their Federal Security Director (FSD) or

designee, which includes the reasons for the temporary transfer request, the requested

transfer location and the anticipated duration of the requested temporary transfer, and may

include the employee’s preferred shift and RDOs. Management may ask the bargaining

unit employee to provide documentation to support their temporary transfer request.

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Failure to provide documentation will not preclude management from considering the

request, particularly in situations for which documentation would not be clarifying or

readily available.

3. After receiving a bargaining unit employee’s written request for a temporary transfer, the

FSD or designee will review the request. If the FSD or designee can support the request,

the FSD or designee will contact management at the gaining airport for consideration of

the bargaining unit employee’s temporary transfer request. Both the losing and gaining

airports must agree to the bargaining unit employee’s temporary transfer request before it

is approved. Generally, within fourteen (14) calendar days of receiving the request,

approval or reason for denial will be provided to the bargaining unit employee in writing.

4. Bargaining unit employees may request a temporary transfer of up to six (6) months. A

bargaining unit employee may request one (1) extension of an approved temporary transfer

in writing and must do so at least thirty (30) calendar days before the end date of their

temporary transfer. For a bargaining unit employee’s extension request to be granted,

management at the losing and gaining airports must approve the extension request.

Generally, within fourteen (14) calendar days of receiving the extension request, approval

or reason for denial will be provided to the bargaining unit employee in writing. Nothing

in this section prohibits a bargaining unit employee, who is otherwise eligible under this

Article, from transferring into the airport where they are on a temporary transfer by

submitting a new request pursuant to Section E or F of this Article.

5. A bargaining unit employee whose temporary transfer request is approved is not entitled to

and will not receive any per diem, mileage, or lodging expenses related to the temporary

transfer.

6. A bargaining unit employee’s official duty station, duty status, and position of record will

not change due to the temporary transfer. The official duty station will continue to treat the

bargaining unit employee as if they are working at the official duty station for purposes of

participating in the shift bid and annual leave bid. Management will assure coordination of

the administrative responsibilities (such as leave, pay, performance management, etc.) for

the duration of the temporary transfer.

7. The gaining airport will consider the bargaining unit employee’s identified shift and RDO

preference, if any, when assigning the employee to an initial shift on an approved temporary

transfer.

H. IMPLEMENTATION: The Parties recognize that the NTP online automated system may

need to be updated to reflect the provisions agreed upon in this Article. Full implementation of

this Article will occur upon successful completion of changes to the online automated system.

TSA will provide AFGE with periodic updates on the attempts to complete the changes. This

Article will be fully implemented approximately one hundred eighty (180) days from the

effective date of this Agreement. Until such implementation occurs, the online automated

system in effect at the time of the Agreement will be used.