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Post by westernalj on Apr 16, 2014 16:56:47 GMT -5
And they changed the rules, such that now they have to go through the whole transfer list before hiring from the register. In the past, they didn't have to do that.
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Post by luckylady2 on Apr 16, 2014 19:17:49 GMT -5
Garden. You rock AND roll!!! Thanks so much for all the research!
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Post by luckylady2 on Apr 16, 2014 19:23:31 GMT -5
Gotta love auto correct. Gaiden
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Post by JudgeRatty on Apr 16, 2014 19:46:25 GMT -5
Gotta love auto correct. Gaiden That's so funny. I typed Funky earlier and it eliminated the "n" ... And made a different F word. Thank goodness I caught it first! LOL!
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Post by spousemouse on Apr 16, 2014 21:55:47 GMT -5
Someone mentioned "glamorous" cities on the certs, but it is true they rarely hire. When we narrowed our GAL we focused on trying to keep workable cities with multiple past hires (which would overlap somewhat on this list with many cert appearances). Our eventual first city was a frequent flyer on the prior hires list, but our transfer city less so. This master list of cert appearances, however, would give the opposite impression, since our second city appeared more but, in the end, hired less. From this perspective, frequent hire/transfer out cites have the best odds.
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Post by minny on Apr 16, 2014 22:02:47 GMT -5
Thanks, Gaidin!
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Post by Patience on Apr 16, 2014 22:14:54 GMT -5
And they changed the rules, such that now they have to go through the whole transfer list before hiring from the register. In the past, they didn't have to do that. is that definately the rule and if so, when did it change?
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Post by BagLady on Apr 17, 2014 7:49:44 GMT -5
A search of the board revealed this:
Nov 13, 2013 17:36:04 GMT -4 ssaer said: Following is a copy of the new contractual provision regarding transfers. Section 3 (which I have bolded) is the primary section with regard to transfer lists and how they will operate.
ARTICLE 20 REASSIGNMENTS AND HARDSHIPS
Section 1 A. Pursuant to 5 U.S.C. §7106, the Employer retains the right to reassign management Judges without giving preference to the reassignment list, except as noted below with regard to the National Hearing Center Judges. B. With the exception of the National Hearing Center Chief Judges; although classified as supervisory non-bargaining unit Judges, the National Hearing Center Judges will not be transferred into bargaining unit Judge positions other than by means of the Article 20 reassignment register. The National Hearing Center Judges will be permitted to be placed on the reassignment register and to select vacancies under the same processes and the same priorities as apply to the reassignment of bargaining unit Judges pursuant to Article 20. C. For the purposes of this Article, “hearing office” shall include existing hearing offices, newly created hearing offices, satellite offices, and newly created satellite offices.
Section 2 – Reassignments To establish a uniform policy for the voluntary, non-reimbursable reassignment of Judges the following provisions shall apply: A. The Employer will determine when there is an open position in a hearing office that will be filled by permanent reassignment or assignment with a Judge. B. Because Judge reassignments made under this provision are at the request of the Judge and are primarily for the benefit of the Judge, all expenses related to any requested relocation will be paid by the Judge. C. The reassignment register and its “affirmed list” as described below shall be used to fill all non-management Judge vacancies, except as otherwise provided for in Section 1. In the event ODAR determines that an incumbent Judge’s reassignment pursuant to the provisions set forth herein results in a permanent opening in his or her former hearing office, ODAR shall also back-fill that new vacancy from the “affirmed list”. The provisions of this Article shall cease to apply to any additional permanent openings created by the reassignment of that second Judge. D. It is understood that reassignments are subject to the prior approval of OPM under 5 C.F.R. §930.204.
Section 3 A. The Employer shall maintain a reassignment register organized by hearing office and satellite office that contains the name of each volunteer Judge, the date the request for reassignment was e-mailed to the Employer and the date the Judge was appointed. The Employer will provide to the President of the AALJ an electronic copy of the current reassignment register on the first working day of each month.
B. A Judge who has received a letter of reprimand that has been placed in an SF-7B employee record extension file or who has been disciplined pursuant to 5 C.F.R. §930.214 shall have his or her name removed from the request register after final adjudication of the issue and shall not be eligible to have his or her name returned to the register for requested reassignment until twelve (12) months have passed from the date of final adjudication.
C. A Judge must have completed ninety (90) days of continuous service with the Employer to be eligible for a voluntary reassignment. The request for reassignment will not be accepted if it is sent prior to the 91st day of continuous service.
D. A Judge who places his or her name on the register for more than five (5) hearing offices shall not be eligible for selection for any requested reassignment.
E. The names of the Judges on the register shall be ranked for requested reassignment selection according to the date the Judge’s name was entered on the register for that hearing office. The date of entry on the reassignment register shall be deemed the date the request was e-mailed to the Employer. All requests for reassignment shall be e-mailed to the Office of the Chief Administrative Law Judge’s specified e-mail box with a copy sent to the proposed gaining and losing Regional Chief ALJ(s) and to the AALJ President or designee. In the event two or more Judges have the same request date on the register for a particular hearing office, the Judge with the earliest appointment date as a Judge shall be considered for selection. In the event that two (2) or more Judges have the same appointment date, then the one with the earliest federal service computation date shall be considered for selection. In the event there are two or more qualified Judges with the same federal service computation date, then the selection shall be determined by the Chief Administrative Law Judge or his or her Deputy pulling the name out of a hat. When such a selection is required the AALJ President will be notified, and the AALJ President may elect to be present either in person or by video. Should the AALJ President or his or her designee elect to be present in person all costs incurred shall be at AALJ expense.
F. Should the number of qualified volunteers exceed the number of positions the ODAR decides to fill by reassignment in a particular hearing office, the ODAR shall consider selecting the Judge whose name appears at the top of the affirmed list, described in Section 3(G) below, for that hearing office if the Judge is eligible for reassignment. If an eligible Judge refuses the reassignment then the ODAR shall consider selecting the next eligible Judge in descending order on the affirmed list for that hearing office.
G. Prior to making any offers to Judges on the reassignment register for an office with at least one (1) vacancy, the Employer shall send an e-mail to the office e-mail of all judges on the register for that office in advance of any anticipated reassignments to that office. This e-mail will not be an offer of reassignment, but shall inquire of each Judge as to whether he or she would be willing to accept a transfer to that office, should the Employer make such a reassignment offer within the next ninety (90) calendar days. The e-mail shall state that all Judges must respond within five (5) working days of receipt of the e-mail. If a Judge does not respond within five (5) working days of receipt of this inquiry, the lack of reply shall be deemed to be a waiver of reassignment. However, this would not change the ranking of a Judge on the reassignment register for that office. After the five (5) business day response period, the Employer will commence making offers for reassignment from the affirmed list in accordance with Section 3(F), above. If a Judge responds to the e-mail inquiry stating that he or she would accept such a reassignment if offered and then subsequently declines an offer when it is made, the Judge will be removed from the register for that location for a period of one (1) year.
H. If, upon consideration, the Employer does not offer a reassignment to the Judge who is first on the affirmed list in accordance with Section 3.F., above, for a hearing office with a permanent opening, the Employer will provide its reason(s) in writing for the non-selection to the Judge not selected. The Parties agree that the following reasons may justify the non-selection of an otherwise eligible Judge: factors set forth in cases dealing with the employment relationship. Although not inclusive, examples of cases containing agreed upon factors are set forth in Appendix A.
I. Upon notification that he or she has been selected for a requested reassignment, a Judge will accept or decline within three (3) working days of the notification. If a Judge declines an offer of reassignment three (3) times, regardless of location, his or her name will be removed from the register for all locations for a period of at least two (2) years.
J. If a Judge accepts a reassignment his or her name shall be removed from the register for other offices and he or she must report to the new office within forty-five (45) days of acceptance or as otherwise mutually agreed by the Parties. A Judge who accepts a reassignment shall continue to hear and decide cases that have been scheduled for him or her in the hearing office he or she is leaving and will coordinate his or her travel plans with the gaining hearing office to facilitate the scheduling of hearings to be held upon reporting for duty at the new location.
K. A Judge may have his or her name removed from any voluntary reassignment register by sending a written request to the Office of the Chief Administrative Law Judge’s specified e-mail box with copies to the proposed gaining and losing Regional Chief ALJ(s) and the AALJ President or designee.
Section 4 When there are no qualified Judges on the register for a newly created hearing office and the Employer has decided to reassign Judges to that office, a posting period of fifteen (15) working days will be established. Any Judge who wishes to be reassigned to that office must submit his or her written request by e-mail to the Office of the Chief Administrative Law Judge’s specified e-mail box with copies to the losing and gaining RCALJs and the AALJ President or designee within the specified period. All requests from Judges for reassignment received during this posting period shall be deemed to have been received on the same date. Therefore, ranking on the listing for the posted local hearing office will be determined by the procedure set forth above in Section 3.E. The Judge with the earliest determined date using the tie breaking procedures shall normally be reassigned and if not, the provisions of Section 3(H) shall apply.
Section 5 - Hardships A. Hardship Detail 1. A Judge may request a voluntary, non-reimbursed hardship detail to another hearing office by sending his or her written request to the Office of the Chief Administrative Law Judge with a copy to the affected RCALJ(s) and to the AALJ President or designee. 2. A hardship is defined as a set of circumstances that: a. Are beyond the Judge’s control; and b. Arose after the Judge accepted the job as an ALJ for ODAR; c. Are so severe that they jeopardize the Judge’s or his or her family member’s health or financial security. Family member is defined in 5 C.F.R. §630.201. 3. The Employer will give good faith consideration to any request for a hardship detail based upon factors including, but not limited to the following: a. Need for additional ALJ(s) in a particular hearing office. b. Maintaining balance between workload and resources in the gaining and losing hearing offices. c. The effect on space and staffing in the gaining and losing hearing offices. d. The reasons given for the hardship detail. e. The recommendations of the affected Regional Chief ALJ(s) and Hearing Office Chief ALJ(s). 4. If a hardship detail is offered, it shall be at no cost to the Employer and shall not exceed one hundred twenty (120) days and may be renewed for an additional one hundred twenty (120) days if the hardship condition continues.
Section 6- Miscellaneous Any Judge reassigned shall not be eligible to request any type of reassignment for two (2) years from the effective date of the action as indicated on the SF-50.
Section 7 Nothing in this Article shall preclude the Employer from paying expenses related to a reassignment when it is made in the best interest of the government consistent with law.
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Post by moopigsdad on Apr 17, 2014 8:31:39 GMT -5
Great job BagLady in answering the question and supplying the information for all of us again.
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