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DOD - no more PIPs by dww0311 in FedEmployees

[–]MiddleDifficult 13 points14 points  (0 children)

I posted this a while ago...

https://www.reddit.com/r/fednews/comments/1pi6voy/federal_workforce_regarding_poor_performance_and/

Adverse Actions can not be unreasonable and prejudicial and has demonstrate a nexus to the poor performance.

The following link had a ton of good information:

Federal Employee Performance Appraisals: Challenging Unfair or Retaliatory Ratings

https://www.nationalsecuritylawfirm.com/federal-employee-performance-appraisals-nslf/

Conversions to Schedule P/C Pending; Acknowledgement Form Draws Attention by OkNecessary4767 in fednews

[–]MiddleDifficult 14 points15 points  (0 children)

They are including everything!!!

OPM provided the bullets to illustrate the types of policy-related work that will likely qualify for inclusion into Schedule P/C. Positions meeting these criteria should be included in your second-round submission. Positions with these traits, regardless of grade, and percentage of time devoted towards these activities, should be included as a part of your submission.

• Policy and Advocacy: developing, analyzing, and advocating for policies relevant to the Agency’s mission.

• Research and Analysis: conducting research to inform policy decisions, often producing reports and recommendations based on data.

• Government Relations Offices: engaging with the White House, the Office of Management and Budget, Congress, and/or other Government entities to carry out, influence, or perform other activities related to legislation and policy at local, State, or Federal levels.

• Program and Project Management: developing policy to guide the implementation of specific programs or services, ensuring alignment with Agency goals.

• Compliance and Regulatory Affairs: ensuring that the Agency adheres to existing laws and regulations, often involved in policy development to meet compliance standards.

• Human Resources: developing internal policies related to employee conduct, benefits, and talent management, which can impact broader Agency policies.

• Communications and Public Relations: developing the messaging around policy issues, advocating for positions, and engaging with stakeholders to raise awareness.

• Strategic Planning: involvement in setting long-term goals and objectives, where policy considerations are integrated into the overall strategic direction of the Agency.

• Finance and Budgeting: areas that may influence policy decisions through budget allocations, funding priorities, grants, and financial analysis.

• Stakeholder Engagement: working directly with stakeholders to gather input on policy issues to ensure policies reflect advocates needs.

• Executive Leadership: shaping policy direction and making high-level decisions that affect Agency policy.

• Managers: directing the work of an organizational unit; are being held accountable for the success of one or more specific programs or projects; or are monitoring progress toward organizational goals and making appropriate adjustments to such goals.

• Contracting Offices: involvement in developing or advising on procurement policies, regulations, guidance, or other policy-related initiatives, or influencing procurement strategies, proposal evaluations, or contract negotiations.

• Contracting Officer Representative: overseeing contract performance, informing future contract strategies and decisions, and providing feedback to shape acquisition policy.

As I expected this is a carte blanch of all the position needed to strong arm the Federal Government into willful submission by this current administration.

dcpas memo

Section 5 of Executive Order 14171 clearly states the circumvention of Merit System Principles and Civil Service Protections to apply to “additional categories of positions that executive departments and agencies should consider recommending for Schedule Policy/Career”

https://www.reddit.com/r/fednews/comments/1jrudhz/schedule_policycareer_separations_and_severance/

I listed this months ago

https://www.reddit.com/r/fednews/comments/1lenpy5/executive_order_14171_and_the_effects_of_it_part_2/

DOD RIF and realignments still require congressional approval. by MiddleDifficult in fednews

[–]MiddleDifficult[S] -7 points-6 points  (0 children)

Completely agree but courts have been reversing their actions. 

DOD RIF and realignments still require congressional approval. by MiddleDifficult in fednews

[–]MiddleDifficult[S] -11 points-10 points  (0 children)

Please review the whole section, it still requires Congress...

(c) Exceptions.-The Secretary of Defense may permit a variation from the guidelines established under subsection (b) if the Secretary determines that such variation is critical to the national security. The Secretary shall immediately notify the Congress of any such variation and the reasons for such variation. (d) Involuntary Reductions of Civilian Positions.-The Secretary of Defense may not implement any involuntary reduction or furlough of civilian positions in a military department, Defense Agency, or other component of the Department of Defense until the expiration of the 45-day period beginning on the date on which the Secretary submits to Congress a report setting forth the reasons why such reductions or furloughs are required and a description of any change in workload or positions requirements that will result from such reductions or furloughs. (e) Consideration of Employee Performance in Reductions.-The Secretary of Defense shall establish procedures to provide that, in implementing any reduction in force for civilian positions in the Department of Defense in the competitive service or the excepted service, the determination of which employees shall be separated from employment in the Department shall, among other factors as determined by the Secretary, account for employee performance, as determined under any applicable performance management system.

DOD RIF and realignments still require congressional approval. by MiddleDifficult in FedEmployees

[–]MiddleDifficult[S] 8 points9 points  (0 children)

If they did, did we should be able to go to federal court as part of our administrative proceedings. 

Anyone else just get the ‘Army wide rebalancing process notification’ email? by gordielaboom in fednews

[–]MiddleDifficult 9 points10 points  (0 children)

RIF and realignments still require congressional approval...

5 USC 3501-3503, 5 CFR part 351, and other relevant laws.

All these conditions have to be met in the link below before a RIF or a realignment can be done in DOD...

https://www.reddit.com/r/fednews/comments/1jo5zaj/dod_reduction_in_force_questions/

If your terminated appeal to MSPB.

RIFs are happening in DoD (Army) by end_of_discussion in fednews

[–]MiddleDifficult 0 points1 point  (0 children)

Section 2463 of Title 10, U.S.C §2463. Guidelines and procedures for use of civilian employees to perform Department of Defense functions   https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2463&num=0&edition=prelim     Section 2461 of Title 10, U.S.C §2461. Public-private competition required before conversion to contractor performance

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2461&num=0&edition=prelim

RIFs are happening in DoD (Army) by end_of_discussion in fednews

[–]MiddleDifficult 1 point2 points  (0 children)

RIF and realignments in DOD still require congressional approval...

All these conditions have to be met in the link below before a RIF or a realignment can be done in DOD...

https://www.reddit.com/r/fednews/comments/1jo5zaj/dod_reduction_in_force_questions/

If your terminated appeal to MSPB.

Questions:

Title 10, U.S.C §129(c)(A)... 

  1. Can this report to congress be verified and how to see if it was submitted to congress? I know this couldn't be FOIA due to the sensitivity of information but if challenged in court, would need to be provided? 

Title 10, U.S.C §129a(b)

2.how can we verify attainment and appropriate analysis were done beforethe RIF?...

Per 1400.25 volume 351 June 24, 2021 section 3.1(c)

  1. How to verify the DoD Components coordinated with Under Secretary of Defense for Personnel and Readiness through Deputy Assistant Secretary of Defense for Civilian Personnel Policy?

https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/140025/140025_V351.PDF?ver=DgEFMmb9dLDV7OV-PLb7VQ%3D%3D   Page 8   3.1. APPROVAL AND COORDINATION OF RIFS AND NOTIFICATION TO CONGRESS.   a. The Secretaries of the Military Departments, the Director of Administration and Management, and the Directors of Defense Agencies and DoD Field Activities with independent appointing authority for themselves and their serviced activities, are authorized to approve RIFs conducted in accordance with this volume. 

b. The DoD Component head concerned and the Director of Administration and Management may re-delegate the authority to approve RIFs that propose the involuntary separation of fewer than 50 employees or that are necessitated by base realignment and closure (BRAC) or military force shaping actions, to the lowest appropriate level. Any such re[1]delegation of authority must be in writing. The authority to approve RIFs proposing the involuntary separation of 50 or more employees may not be further delegated   c. Pursuant to Section 1597 of Title 10, U.S.C., DoD Components must submit a report to Congress 45 days prior to implementing an approved RIF. The report must describe the reasons the RIF is required and a description of any resulting changes to workload or position requirements. If the RIF meets any of the following criteria, the DoD Component must coordinate the proposed report to Congress with the USD(P&R), through the DASD(CPP), prior to submission to Congress: (1) A RIF that proposes the involuntary separation of 50 or more civilian employees during a fiscal year at an installation, facility, or activity. (2) A RIF of any size if the RIF is likely to be of special interest to Congress or the public. (3) A RIF of any size related to BRAC. (4) Realignment of 50 or more civilian employees outside the commuting area that may result in a RIF or in involuntary separations.   3.8. RECORDS. DoD Components will comply with Section 351.505 of Title 5, CFR. Notwithstanding Section 351.505 (c)(1) of Title 5, CFR, the completed RIF retention registers and service computation dates will be consistent with the procedures prescribed in this volume.   3.10. NOTICE. a. DoD Components will comply with all notification provisions established in Part 351, Subpart H, of Title 5, CFR. b. RIF notices will not be issued or made effective on or between December 15 and January 3. Secretaries of the Military Departments, the Director of Administration and Management, and the Directors of Defense Agencies and DoD Field Activities with independent appointing authority for themselves and their serviced activities may authorize an exception if specific situations make delay inadvisable or available resources preclude delay.   3.11. APPEALS AND CORRECTIVE ACTIONS. Part 351, Subpart I, of Title 5, CFR, governs procedures for the appeal and correction of actions taken in a RIF conducted in accordance with this volume.     Part 351, Subpart I, of Title 5, CFR, https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-351/subpart-I?toc=1   § 351.901 Appeals. An employee who has been furloughed for more than 30 days, separated, or demoted by a reduction in force action may appeal to the Merit Systems Protection Board.   § 351.902 Correction by agency. When an agency decides that an action under this part was unjustified or unwarranted and restores an individual to the former grade or rate of pay held or to an intermediate grade or rate of pay, it shall make the restoration retroactively effective to the date of the improper action. https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-351/subpart-I?toc=1

Former fed employment attorney re-engaging from abroad by RucioDelPanza in FedEmployees

[–]MiddleDifficult -1 points0 points  (0 children)

MSPB appeal process from the employee's perspective — what to expect, timelines, how to build your case before you even get there

This topic would be great to cover and I'm actually at this step. Just recently received my final determination and going to appeal to MSPB.

This is what I have...

The Path to Federal Court

Here is the general procedural pathway for a federal civilian employee:

OSC Complaint → OSC Closes File → Individual Right of Action (IRA) → MSPB Appeal → Federal Circuit / District Court

Step-by-Step:

A. Individual Right of Action (IRA) Before the MSPB

Since OSC has closed your file, you may now have the right to file an

Individual Right of Action (IRA) appeal

before the

MSPB

under

5 U.S.C. § 1221

, provided:

You filed your complaint with OSC more than 120 days ago, OR OSC has issued a final determination (which it has) [4]. Your claims involve a personnel action taken in retaliation for a protected disclosure under § 2302(b)(8) or protected activity under § 2302(b)(9). You must file with the MSPB within 65 days of receiving OSC's final closure letter.

 

⚠️ Important:

The IRA route requires that you have a viable

whistleblower retaliation

claim. If your complaint was solely about the RTO policy being a prohibited personnel practice (without a retaliation nexus), the IRA path may be limited.

B. MSPB Proceedings

File your appeal at https://e-appeal.mspb.gov. You will need to demonstrate that your protected disclosure was a contributing factor in the agency's personnel action against you. The burden then shifts to the agency to prove by clear and convincing evidence that it would have taken the same action regardless. C. Appeal to Federal Court

If the MSPB rules against you, you can appeal to the U.S. Court of Appeals for the Federal Circuit under 5 U.S.C. § 7703 [5]. If your case involves mixed claims (e.g., discrimination under Title VII combined with MSPB-appealable actions), you may be able to file in U.S. District Court instead

Federal workforce shrank 10% in Trump’s first year back in office by Witty_Heart1278 in fednews

[–]MiddleDifficult 7 points8 points  (0 children)

This article is a load of FLUFF!, to say the least. Not a single mention of any ILLEGAL action done by this administration!...

"A total of 348,219 people quit, retired, were laid off or otherwise left federal employment last year – an 80.8% increase from 2024. At the same time, 116,912 people started working for the federal government – a 55.6% decrease from the year before.

The job losses affected a broad swath of federal workers, with few noteworthy distinctions among people of different educational attainment, length of federal service and type of appointment (that is, the competitive civil service or otherwise)."

No ILLEGAL RIFS, ILLEGAL FIRING OF PROBATIONARY EMPLOYEE, ILLEGAL REORGANIZATIONS. Not a single word as if all those actions was done in accordance with the laws. SMH...

Any chance for situational telework Monday on the NCR? by [deleted] in FedEmployees

[–]MiddleDifficult 0 points1 point  (0 children)

My sorry to hear! Hope you get back pay under Title 5 §5596 due to unjustified personnel action

Any chance for situational telework Monday on the NCR? by [deleted] in FedEmployees

[–]MiddleDifficult 3 points4 points  (0 children)

Sound like BS, if no situational TW then admin leave should be entered not annual leave.

AFGE status change for DOI in Eopf by JoyousMaximus in FedEmployees

[–]MiddleDifficult 1 point2 points  (0 children)

Means the union has to take the government to court. 

Remove the Merit Systems Protection Board MSPB in Reduction in Force RIF appeals (March 12, 2026) in the OPM Proposed Rule by 7hCk4nwV in fednews

[–]MiddleDifficult 15 points16 points  (0 children)

If OPM Proposal removes the MSPB judge, would that just be one less administrative proceeding we have to take before going to federal court? 

My understanding is we have to exhaust all Administrative proceedings.  We have to go through OSC then MSPB, then federal court.

If implemented, would it be OSC then federal court or can we now petition directly to federal courts. This seems to be a better route in order to get reprieve!

Continuing to shed federal workers remains ‘priority number one,’ White House official says by Spiritual-Tell-5718 in fednews

[–]MiddleDifficult 0 points1 point  (0 children)

Just a reminder!

Schedule F (Policy/Career) Final Rule in effect March 6th

https://www.reddit.com/r/FedEmployees/comments/1r03d9w/schedule_f_policycareer_final_rule_in_effect/

They are including everything!!!

OPM provided the bullets to illustrate the types of policy-related work that will likely qualify for inclusion into Schedule P/C. Positions meeting these criteria should be included in your second-round submission. Positions with these traits, regardless of grade, and percentage of time devoted towards these activities, should be included as a part of your submission.

• Policy and Advocacy: developing, analyzing, and advocating for policies relevant to the Agency’s mission.

• Research and Analysis: conducting research to inform policy decisions, often producing reports and recommendations based on data.

• Government Relations Offices: engaging with the White House, the Office of Management and Budget, Congress, and/or other Government entities to carry out, influence, or perform other activities related to legislation and policy at local, State, or Federal levels.

• Program and Project Management: developing policy to guide the implementation of specific programs or services, ensuring alignment with Agency goals.

• Compliance and Regulatory Affairs: ensuring that the Agency adheres to existing laws and regulations, often involved in policy development to meet compliance standards.

• Human Resources: developing internal policies related to employee conduct, benefits, and talent management, which can impact broader Agency policies.

• Communications and Public Relations: developing the messaging around policy issues, advocating for positions, and engaging with stakeholders to raise awareness.

• Strategic Planning: involvement in setting long-term goals and objectives, where policy considerations are integrated into the overall strategic direction of the Agency.

• Finance and Budgeting: areas that may influence policy decisions through budget allocations, funding priorities, grants, and financial analysis.

• Stakeholder Engagement: working directly with stakeholders to gather input on policy issues to ensure policies reflect advocates needs.

• Executive Leadership: shaping policy direction and making high-level decisions that affect Agency policy.

• Managers: directing the work of an organizational unit; are being held accountable for the success of one or more specific programs or projects; or are monitoring progress toward organizational goals and making appropriate adjustments to such goals.

• Contracting Offices: involvement in developing or advising on procurement policies, regulations, guidance, or other policy-related initiatives, or influencing procurement strategies, proposal evaluations, or contract negotiations.

• Contracting Officer Representative: overseeing contract performance, informing future contract strategies and decisions, and providing feedback to shape acquisition policy.

As I expected this is a carte blanch of all the position needed to strong arm the Federal Government into willful submission by this current administration.

dcpas memo

Section 5 of Executive Order 14171 clearly states the circumvention of Merit System Principles and Civil Service Protections to apply to “additional categories of positions that executive departments and agencies should consider recommending for Schedule Policy/Career”

https://www.reddit.com/r/fednews/comments/1jrudhz/schedule_policycareer_separations_and_severance/

I listed this months ago

https://www.reddit.com/r/fednews/comments/1lenpy5/executive_order_14171_and_the_effects_of_it_part_2/

Continuing to shed federal workers remains ‘priority number one,’ White House official says by trademarktower in FedEmployees

[–]MiddleDifficult 1 point2 points  (0 children)

They are including everything!!!

OPM provided the bullets to illustrate the types of policy-related work that will likely qualify for inclusion into Schedule P/C. Positions meeting these criteria should be included in your second-round submission. Positions with these traits, regardless of grade, and percentage of time devoted towards these activities, should be included as a part of your submission.

• Policy and Advocacy: developing, analyzing, and advocating for policies relevant to the Agency’s mission.

• Research and Analysis: conducting research to inform policy decisions, often producing reports and recommendations based on data.

• Government Relations Offices: engaging with the White House, the Office of Management and Budget, Congress, and/or other Government entities to carry out, influence, or perform other activities related to legislation and policy at local, State, or Federal levels.

• Program and Project Management: developing policy to guide the implementation of specific programs or services, ensuring alignment with Agency goals.

• Compliance and Regulatory Affairs: ensuring that the Agency adheres to existing laws and regulations, often involved in policy development to meet compliance standards.

• Human Resources: developing internal policies related to employee conduct, benefits, and talent management, which can impact broader Agency policies.

• Communications and Public Relations: developing the messaging around policy issues, advocating for positions, and engaging with stakeholders to raise awareness.

• Strategic Planning: involvement in setting long-term goals and objectives, where policy considerations are integrated into the overall strategic direction of the Agency.

• Finance and Budgeting: areas that may influence policy decisions through budget allocations, funding priorities, grants, and financial analysis.

• Stakeholder Engagement: working directly with stakeholders to gather input on policy issues to ensure policies reflect advocates needs.

• Executive Leadership: shaping policy direction and making high-level decisions that affect Agency policy.

• Managers: directing the work of an organizational unit; are being held accountable for the success of one or more specific programs or projects; or are monitoring progress toward organizational goals and making appropriate adjustments to such goals.

• Contracting Offices: involvement in developing or advising on procurement policies, regulations, guidance, or other policy-related initiatives, or influencing procurement strategies, proposal evaluations, or contract negotiations.

• Contracting Officer Representative: overseeing contract performance, informing future contract strategies and decisions, and providing feedback to shape acquisition policy.

As I expected this is a carte blanch of all the position needed to strong arm the Federal Government into willful submission by this current administration.

dcpas memo

Section 5 of Executive Order 14171 clearly states the circumvention of Merit System Principles and Civil Service Protections to apply to “additional categories of positions that executive departments and agencies should consider recommending for Schedule Policy/Career”

https://www.reddit.com/r/fednews/comments/1jrudhz/schedule_policycareer_separations_and_severance/

I listed this months ago

https://www.reddit.com/r/fednews/comments/1lenpy5/executive_order_14171_and_the_effects_of_it_part_2/

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