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Appendix VII
Article 22 Employment Security
REDEPLOYMENT PROCESS AND PROCEDURES
This process and procedure is developed to support the provisions of
Article 22 regarding the redeployment of permanent employees impacted
by the State’s right to contract out for goods and services. It is the State’s
intent to redeploy employees affected to the maximum extent possible in
instances where the positions will be eliminated as a result of the contracting
out for goods and services. All agencies will work cooperatively to ensure
that every opportunity to redeploy is explored. Employees will be flexible
in considering redeployment alternatives.
(1) General Redeployment Rules and Definitions
(a) Rules
1.a. All employees whose functions will be contracted out will be placed
on a redeployment list with the employees’ eligibility remaining in effect
until the employee is redeployed, exercises his or her displacement or
reemployment rights, or is separated pursuant to the provisions of Article
22.1. However, such list, established pursuant to the intended contracting
out of the specific function, will expire when all employees on that list are
either redeployed, exercise their displacement or reemployment rights, or
are separated pursuant to Article 22.1. In the event that not all employees in
an affected title in a layoff unit must be redeployed, eligibility for retention
shall be based on seniority as defined in Section 80 and 80-a of the Civil
Service Law, except that employees in such affected titles may voluntarily
elect to be redeployed. In the event that more employees elect redeployment
than can be accommodated, eligibility for redeployment shall be in order of
seniority as defined in Section 80 and 80-a of this law. The names of persons
on a redeployment list shall be certified for redeployment in order of
seniority.
b. Should an employee not be redeployed prior to separation, that
employee shall continue on a redeployment list after separation for a period
not to exceed six months or until the employee is redeployed or exercises
his/her reemployment rights.
A redeployment list comprised of separated employees shall be certified
to positions occupied by non-permanent employees pursuant to Civil
Service procedures, prior to the certification of other reemployment lists.
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