OPM Proposes Change in RIF Appeal Process

The Office of Personnel Management (OPM) is looking to shift the way challenges to troop reductions are handled. Instead of submitting these to the Merit Systems Protection Board (MSPB), employees would now need to address their concerns directly to OPM. This proposal was made public in the Federal Register on February 10, and it primarily affects workers who have been furloughed, separated, or demoted for over 30 days due to a Reduction in Force (RIF).

The existing MSPB process resembles a court proceeding with hearings and potential appeals. According to OPM, this process is outdated, not meeting the needs of contemporary government operations. The notice states that aside from some protections for specific veterans, the Civil Service Reform Act doesn’t provide a legal right to challenge RIF actions administratively or judicially. Interestingly, the MSPB’s authority to hear these appeals stems from OPM regulations, which can be revoked, effectively invalidating the current process.

Instead, OPM suggests a more streamlined method, akin to how its Merit Systems Accountability and Compliance Division handles job classification and overtime claims. This new framework would override existing internal and negotiated processes, removing the option to appeal through grievance procedures.

In this proposed setup, employees would need to prove that the RIF action was conducted improperly per either the law or OPM regulations. Moreover, if the process had been executed correctly, they should demonstrate that they wouldn’t have faced the same or another RIF action. The decisions would largely depend on written records, although OPM retains the authority to investigate, audit, or even hold hearings at its discretion.

There would be no opportunity for further appeals, like those in federal court, although employees winning their cases would retain rights to reinstatement and back pay. OPM believes this new approach would refocus RIF appeals on administrative records, allowing for more flexibility in investigations, ultimately making the process more efficient.

While the report acknowledges that some procedural options might be lost in this transition, OPM is confident that efficiency improvements won’t significantly impact the outcomes of these appeals. Employees could still pursue additional claims related to discrimination or political retaliation through other organizations.

This proposal follows other pending OPM initiatives aimed at streamlining processes, including appeals for terminated probationary employees. The American Federation of Government Employees (AFGE) has voiced concerns, arguing that removing independent reviews of federal RIF actions would allow the government to conduct layoffs with minimal oversight. They suggest that this is part of a larger effort to dismantle a bipartisan civil service, raising alarms about unchecked removal powers embedded in OPM actions.