Section 5. DOC, DOH/MH (except Community Service Aides) & HPD Transfer Procedure:

When the Agency [DOC, DOH/MH or HPD] decides to transfer Employees in any title (except Community Service Aides) into or out of a particular work location or locations, such transfers shall be made in accordance with the following provisions:

1. VOLUNTARY TRANSFERS: The following order of priority for voluntary transfers shall be followed:
   1. Employees from the voluntary transfer request list in order of seniority.
   2. Any additional volunteers in seniority order.
2. INVOLUNTARY TRANSFERS: The following order of priority shall be followed:
   1. Non volunteers by inverse order of seniority, except Employees who fall within the Section 5(b)(ii) shall, for the purpose of this Section 5(b) be the last to be involuntarily transferred. If such Employees are transferred involuntarily, they shall be transferred in order set forth in Section 5(b)(ii).
   2. Exceptions:
      1. Employees under extended probation or special evaluatory supervision who have received written notice of such status.
      2. Employees involuntarily transferred twice within the previous twelve (12) months.
      3. Travel hardship cases.
      4. Medical or personal hardship cases.
3. MISCELLANEOUS PROVISIONS:
   1. The Agency shall grant normal transfers from the voluntary transfer request list in seniority order on a regular routine basis. Such transfers may not be granted to Employees falling within the priority subsections listed in Section 5(b)(ii)(a) and 5(b)(ii)(b). Notwithstanding the preceding limitation, Employees who have been involuntarily transferred twice within the last twelve (12) months may be granted a voluntary transfer.
   2. Notwithstanding any other provisions, the Agency may limit the number of voluntary transfers for any Employee to no more than one (1) in any twelve (12) month period.
   3. The Agency shall not transfer any Employee as a penalty without the presentation of charges in accordance with established disciplinary procedures.
   4. Travel hardship cases shall be judged by the Agency based upon the Employee's last official address on file with the Agency's personnel division or bureau. Employees notifying the Agency's personnel division or bureau of a change in address shall receive a receipt attesting to the fact that he or she has filed the necessary change.
   5. The validity of an Employee's claim for medical or personal hardship shall be mutually agreed upon by the Agency and the Union. In the event of a dispute, the Agency shall have the right to transfer or pass over the employee pending the final resolution of the dispute.
   6. In the event that a claimed hardship is invalidated or disallowed by the Agency, the matter shall be subject to the grievance procedure directly to Step II or, at the option of the Union, directly to arbitration.
   7. The Agency may establish eligibility requirements for transfers to fill vacancies limited to time in service and specialized skills, or specialized training.
   8. The Agency shall have the right to transfer an Employee on an emergency basis for not more than fifteen (15) working days.
   9. At least five (5) working days prior to the filling of a vacancy which the Agency decides to fill by transfer and has the authority to fill (except for vacancies filled pursuant to Section 5(c)(viii) on an emergency basis), notice of such vacancy shall be posted on relevant Agency bulletin boards. Qualified Employees wishing to volunteer shall submit a written request. This clause shall not be applicable if there are sufficient names on the voluntary transfer request list to fill the vacancies.
   10. Employees to be involuntarily transferred shall be given a list of vacancies which are to be filled. The Employee shall have the right, in seniority order, to select any such vacancy for which he/she meets the requirements, if any.
4. Variations of this Section 5 may be made with the mutual consent of the Agency and the Union.