HARDSHIP TRANSFER

The Parties agree to review transfer requests under hardship conditions in an open, fair, and expeditious manner and to resolve those requests in the best interests of the employee and the Agency. This Article is not intended to address emergency situations that may occur, where the Agency determines that immediate action is necessary to protect the health and welfare of the employee and/or immediate family.

Transfer requests under verified hardship conditions shall be classified in one of the following three categories (in order of priority):

I. The medical condition of the employee, the employee's spouse, or dependent children residing in the employee's household requires a geographical move from the employee's present duty station assignment to a geographical area deemed necessary to improve or maintain the health or receive health services.

II. Transfer of an employee to another geographical area, when the employee or employee's spouse is the primary caretaker of a dependent parent, or the medical condition of the parent requires the employee or employee's spouse to relocate. Not all situations of separation from parents will be considered a hardship.

III. Transfer of an employee in case of an estranged family where dependent children are involved and the transfer of an employee to a different geographical area would allow the employee to maintain contact with his or her children. Not all situations of separation from children will be considered a hardship. In order to be considered, the geographical separation from the children must have been involuntary. Factors that should be considered are the length of time of separation, the age, and health of the children.

All relevant factors shall be considered for each condition, but at a minimum shall include:

a. whether the employee previously used this issue as a hardship.

b. other unique circumstances.

c. the distance and ease of commute.

In order to effectively comply with the intent of the definition of a geographic area, employees must provide a list of all facilities and/or cities that will meet the needs of their specific hardship. Placement is allowed in the same, lower, or up to three (3) ATC Facility Pay Levels above their current ATC Facility Pay Level.

An employee requesting a hardship transfer shall submit a written request to his or her current facility manager. The request shall include at least the following:

a. a statement that the employee is requesting an Employee Requested Reassignment (ERR) in accordance with the ERR procedures and this Article;

b. the position(s), grade(s), and geographical area(s) the employee is requesting;

c. the reason(s) justifying the hardship need and all supporting documentation;

d. FAA Form 3330-42, Request for Consideration and Acknowledgment;

e. FAA Form 3330-43-1, Rating of Air Traffic Experience for AT Transfer Program;

f. a resume;

g. most recent performance appraisal;

h. a statement that the employee understands that this hardship transfer is primarily in the interest of the employee and relocation is at no expense to the government; and

i. a statement from the employee authorizing the Parties to contact the appropriate sources as applicable to the request for the purpose of validating or clarifying any supplied documentation.

The Parties at the local level shall meet within fourteen (14) calendar days of submission of the hardship to accomplish the facility level review. They will ensure that the request falls in one (1) of the three (3) categories eligible for hardship consideration and that the appropriate documentation is provided. Requests that clearly fall outside the identified hardship categories or those requests that do not include supporting documentation will be returned to the employee with an explanation of the denial and information that the employee can file an ERR through the normal process. For all other requests, they will make recommendations and forward an entire package to the Parties at the Service Area/AFSIAG level of the facility where the hardship request originated. This should normally be accomplished within seven (7) calendar days of making the determination.

The Parties at the Service Area/AFSIAG level shall review the employee's package and the recommendations made at the facility and make their own determination as to whether the hardship condition is bona fide. This review should normally occur within fourteen (14) calendar days of receiving the package. If they determine the hardship condition is bonafide, they shall, within seven (7) calendar days of making the determination, forward the entire package to the Parties at the Service Area/AFSIAG level of the target facilities if other than their own, along with a written statement recommending approval of the transfer due to a bona fide hardship condition. Should the Parties in this Section fail to reach agreement on the determination as to whether the hardship condition is bona fide, the hardship request is denied and the employee may pursue transfer under the ERR process. If the transfer is recommended by the originating Service Area/AFSIAG, the employee's hardship package will be forwarded to the target Service Area/AFSIAG.

The Parties at the Service Area/AFSIAG level of the target facilities shall review the employee's package and the determinations made at the facility and the originating Service Area. This review should normally occur within fourteen (14) calendar days after receiving the package. The Agency will make every reasonable effort to accommodate the employee’s transfer if the employee is otherwise qualified for the position. The originating facility will not unreasonably delay the employee’s release. If the transfer is denied, the target Service Area shall forward a written justification to the originating Service Area along with a list of all alternative facilities in the geographical area that could possibly fit the needs of the affected employee.

The requesting employee will then be informed by his/her Principal Facility Representative and the Air Traffic Manager jointly, as soon as possible after receiving the final determination. Transfers under this Article shall not be constrained by any release policies; however, release under this Article shall not negatively impact employees who have already received release dates. Transfers under this Article shall not be eligible to receive any permanent change of station benefits. If the Agency determines that the request cannot be accommodated due to staffing, the request will remain active for fifteen (15) months and reviewed every six (6) months by the Parties at the Service Area/AFSIAG level. After each six (6) month review, a notice will be sent to the employee regarding the disposition of the request.

If the employee does not accept one of the alternatives, the response shall be documented and placed in the employee's hardship request file. The employee's original request will be held for fifteen (15) months and reviewed by the ATO Service Area Director/AFSIAG Manager and NATCA Regional Vice President every six (6) months. If multiple requests in the same category are competing for a single vacancy, they will be accommodated on a first-come, first-served basis. Target Service Areas/AFSIAG are required to "date/time stamp" all hardship applications in order to properly track this provision.

Applications under this Article will remain active for a period of fifteen (15) months from the date of final determination at the originating Service Area/AFSIAG. After fifteen (15) months, the application and all associated documentation will be properly discarded.

The express terms of this Article apply between the Air Traffic Controllers, Traffic Management Coordinators/Specialists, and NOTAM Specialists bargaining units and separately and distinctly to the FSS bargaining unit.