Reduction-in-Force (RIF) Actions
A RIF occurs when a federal agency decides to reduce federal employee staffing. The Office of Personnel Management (OPM) is responsible for regulating RIF actions by federal agencies. Many federal employees have been justifiably concerned as to whether or not they might be 
subject to a RIF as part of the Government’s attempt to reduce the size of the federal employee workforce. RIFs are not easy actions to quickly implement and require that the Government follow a number of rules correctly. When an agency initiates a RIF action, it has to comply with all applicable laws, regulations, agency policies and the terms of any applicable collective bargaining agreements. It is very difficult to implement RIFs quickly. Unless a RIF is prepared properly, which takes time, federal employees have a much great chance of challenging it. When facing a RIF, it is important to have a federal employment lawyer advise you.
How the RIF Process Works
A RIF action is not something that can be initiated immediately. RIFs have to be planned in advance. Under existing federal regulations, federal agencies are required to establish “competitive areas” in which employees compete for retention. These competitive areas can be defined as the entire agency or just a smaller portion of it. This could take a lot of time in itself for federal agencies to establish. Additionally, an agency would have to establish “competitive levels.” This would include all positions in a competitive area which are in the same grade (or occupational level) and classification series, among other issues.
Retention Registers
The next step in the RIF process is where the agency needs to establish a retention register for purposes of ranking each competitive level for a RIF. The ranked factors include:
(1) tenure of employment;
(2) military preference;
(3) length of service; and
(4) performance ratings.
Before moving forward, the factors in the retention register must be fully evaluated. Without detailed planning, many federal agencies will make appealable mistakes in the RIF process given the numerous laws and rules that apply. To correctly prepare RIFs, it is likely to take a number of months of planning. OPM provides a more detailed synopsis of the RIF process here.
Bump and Retreat Rights
Further complicating RIFs are additional rules regarding bump and retreat rights. Bumping involves the assignment of a federal employee to a position in a different competitive level that is held by another employee in a lower returning group. Retreat rights involve the assignment of an employee to a position in a different competitive level that is held by another employee with less time in service. To see how complicated this process can get, take a look at OPM’s guidance.
60 Days Notice of RIF
A federal employee is required to normally be given 60 days notice. These federal employees will also be given information regarding appeal rights along with the notice.
RIF Appeals and Challenges
A federal employee who has been separated, downgraded, or furloughed for more than 30 days by RIF has the right to appeal the Merit Systems Protection Board (MSPB) if the employee believes that the agency did not properly follow the RIF regulations. As you can see from this brief description above, it would be very easy for a federal agency to make mistakes in the RIF process. These mistakes would all be subject to appeals. MSPB appeals must be filed within 30 days of the effective date of the RIF. Employees represented by federal unions covered by a collective bargaining agreement which does not exclude RIF appeals must use the grievance procedures. As a result, an employee may not appeal the RIF action to the MSPB unless the employee alleges the action was based upon discrimination.
Other RIF Alternatives
A federal agency can take another route to abolish positions without using the RIF process. An agency, instead of using RIF procedures, can also assign a federal employee to another vacation position at the same grade or rate of pay. The prior position can then be eliminated.
Contact Us
Federal employees should seek advice when facing the RIF process. Please contact Berry & Berry, PLLC to schedule a consultation with a federal employment lawyer if you are facing the prospect of a RIF action.
