As a law firm, much of what we do and what we recommend is reactive in nature:
Discriminated against on the job? — Then file an EEO complaint!
Received a proposed disciplinary action? — Then reply to it!
It’s difficult to speculate about what might happen in the future, and it’s likewise difficult to give advice based on speculation about what might happen.
However, there’s something to be said for taking proactive measures in preparation for changes that might, at some point, come your way.
The Trump Administration has made it clear that they expect to downsize the federal government.
The recent forking e-mail sent out by OPM appears to be a first step in the Administration’s efforts to shrink the federal workforce, attempting to encourage federal employees to voluntarily give up their jobs.
Another tool that may be used at some point during this Administration to cut down on the number of civil service positions is a Reduction in Force (RIF).
RIFs are administrative actions used by federal agencies to abolish jobs for certain reasons, such as for lack of work or reorganization. RIFs involve complicated and highly regulated procedures, and it follows that they tend to be quite time-and-labor intensive, essentially meaning that civil service positions do not just get abolished overnight.
Your rights as a federal employee caught in a RIF action can vary based on a number of factors, including your geographic and organizational location, the duties of your position, your work schedule, your service computation date, and your performance ratings. For positions covered by a collective bargaining agreement (otherwise known as a Union contract), the Union tends to play a pivotal role in the RIF process.
While it’s still unknown whether federal agencies under the Trump Administration will actually conduct RIFs to downsize their workforces, here are some things civil servants can do now to prepare:
1. Download a complete copy of your Electronic Official Personnel Folder (e-OPF), and save it in a secure place.
2. To the extent any of your performance appraisals are not contained in your e-OPF, make sure to also save copies of your performance appraisals (especially from recent years).
3. Find out whether your position is in a bargaining unit, meaning whether your position is covered by a Union.
- One way to check on this is by reviewing a recent SF-50. Item 37 on your SF-50 indicates your position’s “Bargaining Unit Status.” An “8888” means the position is not covered by a bargaining unit. A “7777” means the position is eligible for coverage but no bargaining unit currently exists. But if you have any other combination of numeric codes in Item 37 of your SF-50: Congratulations! Your position is covered by a Union.
4. If your position is in a bargaining unit, find out who your local and national Union representatives are. Reach out to your Union representatives and ask them to provide you with a copy of the collective bargaining agreement (Union contract).
- Collective bargaining agreements are contracts between the Union and Management, and they contain requirements that both employees and management must follow with regards to an array of topics like work schedules, work locations, and differential and overtime pay. They also may contain information about the parameters and processes for conducting a RIF of positions covered by that bargaining agreement. The contractual guarantees contained in collective bargaining agreements apply to bargaining unit employees, whether you pay dues or not. However, there is a clear benefit to becoming a dues-paying Union member, as Unions with more dues-paying members will naturally have more resources to be able to advocate for the employees covered by those Unions.
The foregoing statements and recommendations are generalities that do not constitute legal advice. If you have a specific problem in your federal employment that you would like to discuss in more detail with one of our attorneys, please call our office at 757-460-3477 to schedule a consultation.