The Trump administration has proposed a rule that would remove independent oversight for federal employees facing layoffs, shifting review authority to the Office of Personnel Management (OPM). This move has been met with criticism from federal employee unions and advocacy groups.
MSPB Appeals Eliminated for Federal Layoffs
Under the proposed rule, federal workers fired through a Reduction in Force (RIF) would no longer be able to appeal to the Merit Systems Protection Board (MSPB), an independent board that has historically ensured fair treatment. Additionally, employees would be barred from taking their cases to federal court.
Criticism from Federal Employee Unions
Everett Kelley, president of the American Federation of Government Employees, has criticized the move, stating that eliminating independent review of federal RIF actions would make it harder for employees to challenge their proposed terminations and give the administration “free rein” to terminate large numbers of federal workers without meaningful independent oversight.
OPM to Centralize Layoff Review
The proposed rule would have OPM handle all appeals through its Merit System Accountability and Compliance section, replacing the MSPB process that has historically been conducted by independent judges. OPM has defended the rule as a way to streamline layoffs and speed up resolutions, stating that it “replaces a slow, costly process with a single, streamlined review led by OPM experts.”
Concerns Over Independence and Resources
However, experts have raised concerns over the independence and resources of the Merit System Accountability and Compliance section. Jenny Mattingley of the Partnership for Public Service noted that the change would “really blur the lines” between oversight and agency management, and questioned whether the section has the resources and independence to handle appeals fairly.
Impact on Federal Workforce
The proposed rule comes after a year of significant turmoil in the federal workforce, including thousands of layoffs during the government shutdown and a massive wave of resignations. The Trump administration has made efforts to cut federal bureaucracy and streamline government services, but these moves have been met with criticism from federal employee unions and advocacy groups.
Background on Federal Layoffs and Resignations
Last year, the Trump administration laid off thousands of federal workers during the government shutdown, with over 4,200 employees receiving notices. Additionally, around 100,000 federal employees resigned as part of a program started at the beginning of Trump’s second term, disrupting services at agencies like the Department of Veterans Affairs and Social Security Administration.
Conclusion
The proposed rule to limit judicial oversight in federal worker firings has significant implications for the federal workforce and the independence of the Merit Systems Protection Board. As the rule moves forward, it is likely to face continued criticism and opposition from federal employee unions and advocacy groups.