{"id":43903,"date":"2025-02-12T16:01:38","date_gmt":"2025-02-12T21:01:38","guid":{"rendered":"https:\/\/ourpublicservice.org\/?p=43903"},"modified":"2025-02-19T09:05:18","modified_gmt":"2025-02-19T14:05:18","slug":"your-rights-as-a-federal-employee-due-process-adverse-actions-and-union-representation-federal-employee-explainer-series-webinar","status":"publish","type":"post","link":"https:\/\/ourpublicservice.org\/blog\/your-rights-as-a-federal-employee-due-process-adverse-actions-and-union-representation-federal-employee-explainer-series-webinar\/","title":{"rendered":"Your rights as a federal employee: Due process, adverse actions and union representation\u00a0"},"content":{"rendered":"\n

The Partnership for Public Service launched\u202fa webinar series<\/a>\u202fto address critical issues facing the civil service and answer frequently asked questions from federal employees as they navigate the challenges they currently face<\/a>.\u202f\u00a0<\/p>\n\n\n\n

The third installment of the series provided essential information on due process, adverse actions and other key issues. Partnership Vice President of Government Affairs Jenny Mattingley led a discussion with Arthur Gary, a retired federal government attorney, and Robert Erbe, a private practice attorney who specializes in federal employment litigation.  <\/p>\n\n\n\n

They addressed the following questions related to federal employee rights. <\/p>\n\n\n\n

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What are due process and adverse actions, and how do they relate? <\/h3>\n\n\n\n

Due process<\/a> protects federal employees’ right to fair procedures in personnel matters. It generally means employees get written notice of a proposed action and a chance to respond.   <\/p>\n\n\n\n

Adverse actions<\/a>\u2014specific personnel actions like suspensions, pay cuts or removals\u2014trigger these due process rights, which ensure fairness in the workplace and protect employees from undue harm or discrimination. <\/p>\n\n\n\n

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How does employee status affect someone\u2019s ability to appeal adverse actions? <\/h3>\n\n\n\n

Adverse actions have different implications based on employee status.  <\/p>\n\n\n\n

General Schedule employees typically have full appeal rights for adverse actions<\/a> and can generally appeal to the Merit Systems Protection Board<\/a>.  <\/p>\n\n\n\n

Senior Executive Service members have more limited appeal rights<\/a> and often cannot access the Merit Systems Protection Board.  <\/p>\n\n\n\n

Probationary employees have the most limited appeal rights<\/a>. Other employee categories exist, each with specific rules.  <\/p>\n\n\n\n

Consult your human resources office, legal counsel or union representatives for more specific advice, and check your SF-50<\/a> to find your employee status. <\/p>\n\n\n\n

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What is a reduction in force, and can it be appealed? <\/h3>\n\n\n\n

Agencies use reduction-in-force<\/a> orders for workforce planning and restructuring. It involves refocusing resources, changing programs and adjusting positions. RIFs are complex, with many administrative steps.  <\/p>\n\n\n\n

The process is generally not appealable, but the final action, such as reassignment or removal, may be.  <\/p>\n\n\n\n

Just because a position is targeted in a RIF<\/a> doesn’t mean the employee will automatically lose their job. This is due to “bump rights” and “retreat rights,” which are determined by \u202fOPM regulations<\/a>\u202fand agency RIF procedures<\/a>. <\/p>\n\n\n\n

“Bumping” means\u202fdisplacing an employee on a different competitive level who is in a lower tenure group or in a lower subgroup within the released employee’s own tenure group (A senior employee “bumps” a less senior employee out of their current position and takes that position). <\/p>\n\n\n\n

“Retreating” means displacing an employee on a different competitive level with less service within the released employee’s own tenure group and subgroup (A senior employee “retreats” to a previously held position, displacing the less senior employee who currently holds that prior role).<\/p>\n\n\n\n

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How do I know if I am in a bargaining unit, and what does that mean for my rights? <\/h3>\n\n\n\n

A bargaining unit<\/a> position is a job that is represented by a labor union. <\/p>\n\n\n\n

Your SF-50<\/a> contains your bargaining unit status in Block 37. If the code is “8888,” your position is not covered by a bargaining unit. If the code is \u201c7777,\u201d your position is eligible for coverage, but no unit currently exists. Any other code indicates your position is both eligible and a bargaining unit exists. Bargaining unit members are covered by the Collective Bargaining Agreement<\/a>, regardless of dues payment.  <\/p>\n\n\n\n

Unions generally must represent all members fairly, whether they pay dues or not. However, there are exceptions. For example, if a non-dues-paying member can resolve a problem through another process\u2014like appealing to the Merit Systems Protection Board\u2014 the union might choose not to take their case to arbitration.<\/p>\n\n\n\n

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Where do federal employee rights come from, and how do they differ? <\/h3>\n\n\n\n

Federal employee rights come from several sources. Title 5<\/a> of the U.S. Code is a primary source, with Chapter 75<\/a> covering adverse actions (like suspensions or firing) and Chapter 43<\/a> addressing performance-related issues.  <\/p>\n\n\n\n

Collective bargaining agreements offer additional rights to union members. <\/p>\n\n\n\n

The Equal Employment Opportunity Commission and Office of Special Counsel protect rights related to discrimination, prohibited personnel practices and political activity.<\/p>\n\n\n\n

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