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2016 CBA Tentati ve Agreement Page 76 of 217 b. facility of the swapping employee; c. type and level of that facility; d. requested release dates of the swap; and e. employee's signature and date. Approval will not be unreasonably den ied nor will release dates be unreasonably delayed. The Parties recognize that mutual transfers under this Article are solely in the best interest of the employees and therefore employees will not be entitled to receive any permanent change of station (PCS ) funds. Section 9. If as a result of a grievance being filed under this Article, the Agency agrees or an arbitrator decides that an employee was improperly excluded from the best qualified list, he/she will receive priority consideration, as defined in Article 100, for the next appropriate vacancy for which he/she is qualified. If the employee is selected for the vacancy, the priority consideration will be considered to be satisfied. An appropriate vacancy is one at the same grade level, which would norm ally be filled by competitive procedures, or by other placement action, including outside recruitment, in the same area of consideration, and which has comparable opportunities as the position for which the employee was improperly excluded. Section 10. I n the event two (2) or more employees receive priority consideration for the same vacancy, they may be referred together. However, priority consideration for separate actions will be referred separately and in the order received based on the date the dete rmination of improper exclusion is made. Section 11. Within twenty - one (21) days of a request, the following information shall be made available to the employee: a. whether the employee was considered for the position and, if so, whether he/she was found eligible on the basis of the minimum qualification requirements for the position; b. whether the employee was one of those in the group from which selection was made; i.e. one of the best qualified candidates available and appeared on the list made availabl e to the selecting official; c. any record of formal or informal supervisory appraisal of past performance used in considering the employee for the position; d. who was selected for the position; e. in what areas, if any, the employee should improve to increase his/her chances for future selection. Section 12. Release dates are subject to the staffing requirements of his/her current facility as well as the needs of the target facility. Every reasonable effort shall be made to provide a release date within six (6) months of selection. If a six (6) month release date is not practicable, the Agency shall propose a fixed date that the employee may accept or decline.

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