Jan 26, 2007 4:41 PM
Requests by employees for transfer from one superintendency to another superintendency will be granted on the following basis:
1. Those eligible for transfer are regularly appointed psychologists or regularly-appointed social workers in the superintendency from which the transfer is sought. In cases of psychologists or social workers reassigned as a result of a staff reorganization of a superintendency continuous service shall include the length of continuous service under regular appointment in the previous superintendency immediately preceding such reassignment. Except for those serving in agreed-upon shortage areas, pedagogues may apply for positions posted on the transfer plan for their current license and/or one other license provided that their most recent three years of active service in the former license were satisfactory and they are eligible to revert to that license pursuant to Article 5. A pedagogue whose transfer to a position in a former license is effectuated hereunder will revert to the license pursuant to which he/she is transferred.
2. Lists of vacancies existing as of June 1 to be filled by transfer will be posted citywide Such lists will indicate the superintendency and assignment, including pre-kindergarten assignments.
A vacancy not previously available for transfer which is filled by an administrative transfer shall be listed for transfer on the May 15 following the administrative transfer and if the vacancy is then filled by a psychologist or a social worker from the transfer list the administrative transferee shall be excessed from that superintendency regardless of his/her city-wide seniority. The above shall not apply to a transfer following a “U” rating of the psychologist or social worker made with his/her consent.
3. Transfers shall be made effective as of the opening of school in September.
4. Employees desiring transfer shall file with the Division of Human Resources a request for transfer, specifying up to three choices of listed vacancies in order of preference. Such requests shall be filed no later than two weeks following the posting of the lists of vacancies.
5. Transfers will be granted on the basis of seniority to eligible employees whose requests are on file. For this purpose, seniority is defined as layoff seniority. In cases of equal seniority, preference shall be given on the basis of standing on the eligible list for appointment.
6. No more than five percent of the regularly-appointed psychologists and no more than five percent of the regularly-appointed social workers will be permitted to transfer out of any one superintendency in any one year. When the number of psychologists or the number of social workers in a superintendency is less than 20, one transfer shall be permitted for such group, and when the number is 21 to 39, two transfers shall be permitted.
7. An applicant for transfer who does not receive a desired assignment shall, upon request to the Division of Human Resources, be given the reason for not having been selected.
Transfers on grounds of hardship shall be allowed independent of the above provisions. Transfers of employees after three years of service on regular appointment may be made on grounds of hardship on the basis of the circumstances of each particular case, except that travel time by public transportation of more than one hour and thirty minutes each way between an employee’s home (or City line in the case of an employee residing outside the City) and assignment shall be deemed to constitute hardship entitling the applicant to a transfer to a superintendency to be designated by the Division of Human Resources which shall be within one hour and thirty minutes travel time by public transportation from the employee’s home, or City line in the case of an employee residing outside the City.
The applicability to employees covered by this agreement of Sec. 9 of the October 2005 MOA with respect to general transfers is subject to determination in UFT Case #A-079-C14533. The final determination of that matter pursuant to Article Sixteen entitled “Grievance Procedure” of this Agreement is incorporated herein.