Agency Reduction Transfer Lists
THIS HAS BEEN SUPERCEDED BY POLICY BULLETIN 13-01
THIS SUPERCEDES POLICY
Section 78 of the New York State Civil Service Law offers state employees who might be affected by abolitions of positions the opportunity to transfer to other agencies prior to layoff. This program is commonly known as the Agency Reduction Transfer List (ARTL) program.
Who is Eligible for the ARTL Program?
How are Eligible Employees Added to ARTLs For Agencies Reducing Positions?
In planning for a reduction, agencies will identify all titles for which an abolition of position(s) is anticipated.
The ARTL program may be initiated up to 6 months prior to the target date for the intended action. Agencies should consult with their Staffing Services Representative or the Civil Service Career Mobility Office (CMO) prior to initiating this process.
Each agency should designate a contact person to oversee the ARTL process. Agencies should also designate an internal contact person to answer questions from their employees about the ARTL program and their status in the system. Agencies should call the Civil Service CMO at (518) 485-6199 or 1-800-553-1322, with the name, telephone number and fax number of their contact person(s).
Agencies should then notify eligible employees in impacted titles and locations that they may volunteer for ARTL transfers. We recommend that agency human resources representatives meet with the eligible employees, explain the ARTL transfer process, and assist the employees in completing “blue cards” (Form S-295.6). Civil Service CMO and Staffing Services Representatives should attend this meeting. At this meeting, employees should be given a copy of the “Employee Guide for Agency Reduction Transfer List” booklet published by the Department of Civil Service.
Completed blue cards must be verified and signed by the agency’s human resources designee before being submitted to the CMO staff at Civil Service. The agency should submit a cover letter with the ARTL cards, listing how many cards are included, explaining why the cards are being submitted, and stipulating the expected date of reductions or reassignments. Employees should be encouraged to keep a photocopy of their completed blue cards.
To better assist affected employees who serve in unique titles or who have minimal opportunities to be rehired, we recommend that agencies submit current resumes for these employees to the CMO along with the blue cards. We will use these resumes to identify other reemployment options for these employees.
How Does the ARTL Program Work?
Eligible employees will have their names certified on transfer lists to fill vacant positions in their current titles or in lower-level direct-line titles, and/or to positions in titles declared comparable by the Department of Civil Service. Title comparability decisions are generally based on similarities in duties, minimum requirements, salary grades, and examination plans. Comparable titles for ARTL and Reemployment Roster purposes are generally the same. To view the appropriate titles, check the reemployment determinations in the Title Transfer Reference System (TTRS), which is part of the DCS Applications System.
A second method of transfer is based on an individual’s experience and education in relationship to the requirements of the position being filled. While this method is much less frequently used, it can be helpful for employees in unique titles. For consideration, an employee must:
An ARTL list is one of a number of Reemployment Lists established to assist employees in maintaining or regaining employment as quickly as possible at their permanent salary grade levels if they are affected by the abolition of positions. These lists are obtained through the Reemployment Lists Program found in the DCS Applications System.
Reemployment Lists are certified in the following order:
Within an ARTL, the specific order of certification will be:
Eligible candidates in the title-for-title category and the direct-line category are ranked in seniority order within their respective titles. The eligibles in the comparable title category are not ranked and if there are no acceptors via title-for-title or direct-line, any comparable title eligible can be considered.
ARTL eligibles have preference over Preferred List eligibles except in the following situation: If there are title-for-title Preferred List eligibles, seniority (determined in accordance with §80.3, 80-a.3 and 85.7 CSL) must be compared between the ARTL eligible and the highest ranked Preferred List eligible. Please note that, when making this comparison, layoff unit designation and probationary status play no role for the ARTL eligible. Seniority is the only relevant factor. Also, Preferred List eligibles who are in direct-line or appropriate-titles will not block an ARTL transfer, even if those Preferred List eligibles have greater seniority. Only a title-for-title Preferred List eligible with more seniority may block an ARTL appointment.
If there are no ARTL eligibles, agencies are encouraged to contact the CMO to request candidates for managed placement referrals.
ARTLs and New Eligible Lists
When filling a vacancy, agencies must use the reemployment lists before using eligible lists resulting from examinations. The one exception, regarding newly established eligible lists, is as follows:
Upon the establishment of an eligible list resulting from a competitive examination for a title for which there are ARTL candidates, an appointing authority has 90 days in which to appoint a non-permanent employee in the title who is reachable for appointment from that newly established eligible list.
Thereafter, ARTLs shall take precedence over the eligible lists. Note
that this policy applies in the case of newly established eligible lists
How Will Accepting or Declining Job Offers Affect ARTL Eligibility?
Employees’ responses to canvasses, interviews, and job offers will affect their continuing eligibility for ARTL transfer. Timeliness, for example, is crucial since the intent of the process is to provide expedient remedy, and what one employee decides may affect the eligibility of others. Replies to canvass must be made within the same timeframes as in the eligible list system. Responses to invitation for interview and/or to a job offer must be made within a reasonable period of time (usually 48 hours unless there are mitigating circumstances, such as a geographic move). In situations where an agency has difficulty reaching an employee to set up an interview after he/she has indicated an interest, it is appropriate to send the employee a registered letter (return receipt requested) indicating the interview date, time and place.
Other policies applicable to canvass, interview and job offer responses are described below:
*Note: If employees decline ARTL transfer to a traineeship position that leads to a journey-level title with same or higher salary grade as their permanent title, they are considered to have declined a same-grade level position.
The appointment date for ARTL appointments must be on or before the layoff date. As of close of business on the date of layoff, all remaining ARTL eligibles are removed from the ARTL portion of the Reemployment List system.
All appointments resulting from managed placement referrals must be called in to the CMO by the appointing agency prior to the submission of the NYSTEP transaction for the appointment, so the CMO staff can update the Reemployment System.
What about Probation and Leaves of Absence? (revised material in italics)
The Department of Civil Service has amended policy regarding leave of absence for transfers via Agency Reduction Transfer Lists. Agencies now must grant certain leaves of absence in other than probationary situations in order to protect the ARTL transferees’ layoff and reemployment rights. While such leaves are considered discretionary, agencies may not rescind the leaves until the employees’ inactivation from the ARTL. Non-probationary transferees have no rights to return.
Generally, the “losing agency” must grant a leave of absence to any employee who accepts an ARTL transfer to any position at a lower salary grade, until inactivated from the ARTL, regardless of the transferring employee’s probationary status. Such leave of absence will ensure the employee’s layoff and reemployment rights from the previous higher-level title.
Frequent questions and answers about returning to original positions include the following:
Q. What happens if an ARTL transferee on probation decides to return to her hold item (or fails probation) before the date of layoff?
A. She must be allowed to return. If she is not the least senior in her original title, her return may affect the retention rights of other employees in her original title and agency. If she is the employee with the least retention rights in her original title and agency, she may return and be laid off.
Q. What happens if an ARTL transferee on probation decides to return to her hold item (or fails probation) after the date of layoff in her original agency?
A. Again, if she was not the least senior employee and would not have been laid off from her original position, she must be allowed to return to her hold item. Another employee with less retention status might be displaced to accommodate the return.
If the probationer were the least senior, she could only return if a position exists to which she could return. Otherwise, the employee would be entitled to Preferred List/Reemployment Roster rights for the position from which she transferred.
The Department of Civil Service will review the situations of employees
who fail probation or resign before completing probation on a case-by-case
basis. These employees could be restricted from a reemployment list
certification to certain
Q. What if an ARTL transferee not on probation wishes to return to his original position?
A. That employee has no right to return. The original agency may choose to reinstate the employee but that action is entirely discretionary on the part of the agency and is subject to the normal reinstatement criteria.
How Do ARTL Eligibles Become Inactive?
Agencies may inactivate titles (and locations) as they meet their reduction goals. When that happens, the agency is required to notify the CMO and its affected employees in writing that the titles have been inactivated and they are no longer ARTL eligible.
The names of ARTL eligibles are continually inactivated by Civil Service because of appointments and declinations.
Employees may also inactivate themselves on ARTLs by contacting the CMO.
The Civil Service Department will automatically inactivate the names of all of an agency’s employees on the day of the projected work force reduction, unless the projected date is extended and the agency requests to leave employees active.
Employees whose names are active in the ARTL system are not automatically placed on Preferred Lists as of the date of a reduction in force. While the ARTL program is voluntary, any reduction in force must follow Civil Service laws, rules and regulations to determine who will be impacted and who will have mandatory rights following separation. Agencies must submit “green cards” (Form 295.5) to the CMO at least 20 calendar days in advance of the layoff target date when employees who have not been transferred are to be laid off.
What are the NYSTEP Reason Codes For ARTL-Related Activities?
Appointments – the NYSTEP code TRL must be used by agencies to report an appointment from an ARTL.
Separations – The NYSTEP reason code RSN must be used for those employees who receive an ARTL appointment and do not have to serve a probationary period. PBL should be used for probationers until such time as the position is abolished or they are displaced from their hold item. At that time, one of the codes described below must be used:
LAF - Separation of the employee from his/her hold
item pursuant to
Further questions about the ARTL process may be directed to the CMO
S 78. Transfer of personnel upon the abolition of positions in state civil service.