RIF Appeals And Grievances

A federal employee who has been separated, downgraded or furloughed for more than 30 days by RIF, has the right to appeal to the Merit Systems Protection Board (MSPB) if he or she believes the agency did not properly follow the RIF regulations. The appeal must be filed during the 30-day period beginning the day after the effective date of the RIF action. The MSPB's review of an agency's action is limited to the written record, unless the MSPB determines that the facts are in dispute. If MSPB rules in favor of the employee, the agency must restore the employee to the separated position or assign the employee to the appropriate position. The agency can be required to give "back-pay" to the affected employee. An employee in a bargaining unit covered by a negotiated grievance procedure that does not exclude RIF must use the negotiated grievance procedure and may not appeal the RIF action to MSPB unless the employee alleges the action was based upon discrimination. The time limits for filing a grievance are set forth in the collective bargaining agreement.