Hardship Reassignments. 13.5.1 Notwithstanding Article 13.4.4, an Immigration Judge may apply for preferential reassignment to an existing or new court site based on hardship.
Hardship Reassignments. A. An employee may request a voluntary, non-reimbursed hardship reassignment to another hearing office by sending his or her written request to the OCALJ’s designated mailbox along with copies to the designated mailboxes of the RCALJs of the potential gaining and losing regions.
B. A hardship is defined as a set of circumstances that:
1. Are beyond the employee’s control;
2. Arose after the employee accepted his/her current position ; and
3. Are so severe that they jeopardize the employee’s or family member’s health or financial security.
C. The Employer will give good faith consideration to any request for a hardship reassignment based upon factors including, but not limited to the following:
1. Workload considerations in the gaining and losing hearing offices.
2. Space availability in the gaining hearing office.
3. The reasons for the hardship.
4. An employee’s disciplinary history.
D. An employee who accepts a hardship reassignment must report to the new office within sixty (60) days or as mutually agreed by the parties.
Hardship Reassignments. A. An employee may request a voluntary, non-reimbursed hardship reassignment to another NTEU covered office by sending his or her written request, SSA-4100, and an SSA-45 to the OCALJ’s designated mailbox along with copies to the designated mailboxes of the RCALJs of the potential gaining and losing regions. The request should include an explanation of the circumstances surrounding the hardship, and documentation concerning the situation or condition that gave rise to the request.
B. When identifying offices desired on the SSA-4100, the employee should identify an order of preference if more than one location could alleviate the hardship. Only one SSA-4100 is required even when an employee requests multiple locations. If an employee wishes to be considered for other positions within his/her component, the employee must submit documentation to support his/her qualifications for the other positions.
C. A hardship is defined as a set of circumstances that:
1. Are beyond the employee’s control;
2. Arose after the employee accepted his/her current position; and
3. Are so severe that they jeopardize the employee’s or family member’s health or financial security.
D. The Employer will give good faith consideration to any request for a hardship reassignment based upon factors including, but not limited to the following:
1. Workload considerations in the gaining and losing offices.
2. Space availability in the gaining office.
3. The reasons for the hardship.
4. An employee’s disciplinary history.
E. An employee who accepts a hardship reassignment must report to the new office within sixty (60) days or as mutually agreed by the parties.
Hardship Reassignments. A. The Employer agrees to seriously consider an employee's request for reassignment when the employee demonstrates that a significant hardship exists and that such hardship would be relieved by the reassignment.
B. Significant hardships include, but are not limited to, the following: • a serious medical condition affecting a member of an employee's immediate family, as defined in the Family Medical Leave Act; • access to special education or a medical facility that is not available in the employee's current commuting area; • the employee's spouse or life partner has received either a job in a new location or military orders to relocate outside the employee's current commuting area; or • the employee’s minor child (or adult child with special needs) has moved to a location outside of the employee’s current commuting area.
C. An employee desiring consideration for reassignment based upon significant hardship may submit a request to the Office of Human Resources. OHR may direct employees requesting a hardship reassignment based upon a medical condition to submit a medical certificate or other medical information through the Reasonable Accommodation procedures or to an alternative email box designed to protect the confidentiality of the medical information.
D. The employee must provide appropriate documentation concerning the situation or condition that gave rise to the significant hardship request along with a current resume which demonstrates that the employee’s qualifications and technical competencies meet those of the position and job series to which they are seeking reassignment. The employee must indicate the specific bargaining unit position and Division/Office/Regional Office to which they seek reassignment.
E. The request for hardship reassignment will remain active until the employee is selected or until the end of the fiscal year in which the application is submitted to the Office of Human Resources, whichever comes first.
F. If the Division or Office specified in the reassignment request has a vacancy, the Division/Office/Regional Office will determine, through a review of the employee’s resume, whether the employee meets the qualifications and technical competencies that are necessary for the position. If so, the employee will be offered an interview.
G. As between current qualified employees seeking a reassignment, an employee seeking a hardship reassignment will be considered before an employee seeking a voluntary reassignment.
H. Nothing in th...
