New RIF Appeal Rule Threatens Hampton VAMC Employees — Here’s What You Need to Know

The Office of Personnel Management (OPM) has proposed a new rule that would strip federal employees of their right to appeal Reduction-in-Force (RIF) actions to the independent Merit Systems Protection Board (MSPB). If finalized, RIF appeals would go to OPM itself — the very agency carrying out the administration’s workforce reduction agenda.

What Changed

On February 6, OPM rescinded 5 CFR 302.603 — the regulation that gave MSPB jurisdiction to hear federal employee RIF appeals. On February 23, the Federal Register confirmed MSPB’s jurisdictional update.

AFGE National President Everett Kelley:

“First they went after employees on probation, then it was those deemed unsuitable for their jobs, and now they want to deny third-party review of any proposed reductions-in-force. Eliminating independent review would essentially give the administration free rein to terminate huge swaths of the federal workforce without meaningful independent oversight.”

What This Means for Hampton VAMC

The VA has been a primary target of workforce reductions. For Local 2328 members serving veterans every day at Hampton VAMC, this rule means RIF appeals would go to the same agency orchestrating the cuts. That is not independent review — that is the fox guarding the henhouse.

The Pattern Is Clear

1. Probationary employees — denied appeal rights first.
2. “Unsuitable” employees — vague designation, no due process.
3. Now, all RIF actions — the last line of independent oversight.

We’re Already Fighting This

When RIF notices go out — not if — your union will already be on it. AFGE National has legal teams engaged. Local 2328 is monitoring the situation and preparing to act. Here’s what we need from you:

1. Know your rights. The proposed rule is not yet final. Your existing protections still apply today.
2. Contact Local 2328 immediately if you hear rumblings about RIFs in your unit, receive any notice, or see anything that doesn’t look right.
3. File grievances. Every broken process, every shortcut management takes — report it. Grievances build the record we need to fight back.
4. Stand together. They’re counting on us being isolated and uninformed. We will be neither.

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📎 Sources

AFGE National: New RIF Appeal Rule Could Trigger Mass Federal Worker Firings, AFGE Warns

Federal Register: Appellate Jurisdiction Update — MSPB (Feb 23, 2026)

In solidarity,
AFGE Local 2328 — Representing the employees of Hampton VA Medical Center