I believe the vast majority of people here are in favor of incorporating the swap rule in Article 42 for ERR's as well, which reads...
Section 8. Mutual reassignment transfer requests may be submitted to the
same, higher, or lower ATC FPL facility, for employees who have a
minimum of one (1) year as a certified controller at his/her facility.
If there was language added that reset the 1 year clock on the 2nd certification at the same facility, I wouldn't have a problem with that to prevent what you're talking about above. It would also prevent someone from legitimately washing from a facility, returning, certifying quickly, and bidding back out.
For the sake of debate, what reasons do you feel are acceptable to turn down an FOL during that waiting period that wouldn't prompt a hardship? (For the record, I believe any event that triggers a legitimate hardship is a valid reason to turn down a TOL/FOL after signing it.)
I can assure you the NATCA members on the NCEPT board are aware of the people who have done this (Hardship out, immediately ERR to a different location 100's of miles away after CPC-ing) and they are working to fix the loophole. Given that NATCA is involved in the hardship process, it isn't difficult to know who's done it and who's trying to.