RIFs are subject to government-wide, OPM regulations. Under these regulations, and controlling statutes and cases, employees seeking to challenge a RIF action may be required to make an election of remedies. For example, in general, an employee may only file an MSPB appeal over a RIF action if RIFs are excluded from the applicable negotiated grievance procedure.
This means that it is vitally important to consult the applicable CBA or agreement to determine whether it requires that RIFs be challenged through the negotiated grievance procedure. It is also important to determine whether the agency’s action violated any provision of your CBA and consider whether the action may have constituted a Prohibited Personnel Practice (PPP) or discriminatory action. For example, it is possible that targeted actions against DEI employees could be construed as discrimination based on political affiliation under 5 U.S.C. § 2302(b)(1)(E). More information on the Office of Special Counsel and PPPs can be found here: Prohibited Personnel Practices
We strongly recommend that you consult OPM’s RIF guidance linked above and/or your AFGE District Office or the AFGE General Counsel’s Office before filing a grievance or MSPB appeal over a RIF.
