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Immediate & Next Steps if you receive a RIf notice

 

✅   DO NOT SEND the document titled Authorization for Release of Information.

 

AFGE Local 2883 and AFGE National Legal recommends not signing the authorization form. It is not required for any of the career placement programs and the form itself says that submission is entirely optional. Submission of this form explicitly authorizes HHS to broadly release personal identifiable information. AFGE Local 2883 strongly recommends you do NOT sign and submit this document.

 

✅    COMPLETE ASAP but NO LATER THAN 14 calendar days after the receipt of your RIF Notice:

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1. Carefully check your SF-50’s to ensure all information is correct (e.g., social security numbers, dates of birth, duty station, competitive levels, service computation dates, veteran’s preference, etc.). 

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Notify "OHR-General-Inquiries@hhs.gov" in writing of any errors. 

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2. Complete the ‘Acknowledgement of Receipt’ PDF document (linked here). This document has been amended with additional critical language and provides a digital signature block for you to easily sign. You may sign and submit this form with all the edits intact.

 
​* Remember, acknowledging does not mean you agree to the action. It is simply acknowledging receipt, similar to how you acknowledge receiving your PMAS scores.   

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3. If you already submitted your acknowledgment, respond to the same email string, with this language:  
“I need to amend my original acknowledgment to include the following language: There were significant procedural violations and deficiencies in this RIF Notice, and I will escalate this action." 

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4. ​If there are inaccuracies in your RIF documentation, write a very brief bulleted list in the body of the response email listing these errors. The following example is provided for reference: 

  • My most recent PMAS scores should be corrected to 5, 5, 5. 

  • My veteran’s preference should be “Y”. 

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 5. If you receive a response from the email address listed in your RIF Notice asking you to substantiate the inaccuracies, please respond with the correct information. 

 

✅    COMPLETE ASAP but NO LATER THAN 14 calendar days after the receipt of your RIF Notice:

 

Send an email requesting documentation and copies of your records that justifies your receipt of a RIF. These documents will be important for the appeals process. Please submit these requests without delay.  

 

1. Email OHR-General-Inquiries@hhs.gov (the email address listed in your RIF Notice) using this email template (the attached/linked draft email template is provided for your reference and ease of use).

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2. Send this from your personal email address and CC your CDC email.

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✅    COMPLETE BEFORE separation date

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Some RIFd employees may be eligible to be rehired under one of the priority placement authorities - Reemployment Priority List (RPL) or Priority Reemployment List (PRL).

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To apply for RPL or PRL inclusion:

  • Email hrcs@cdc.gov with the subject line "RPL/PRL Registration."

  • If Emailing Your Ticket: DO NOT include "Fw:" in the subject line, the system will reject the email.

  • Request to be included in the RPL or PRL

  • Attach 1) your RIF notice, 2) updated resume, 3) a completed RPL registration form or PRL registration form, and 4) most recent SF-50 notification

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For more information about these placement authorities, see the Rehirement Programs page.

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✅    FYI - NO ACTION REQUIRED: Filing a Group Grievance for BUS Code Reviews & Updates  

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Group Grievance:  AFGE Local 2883 President Yolanda Jacobs will be filing a Group Grievance on behalf of all current and future Bargaining Unit Employees (BUEs) to demand an immediate resolution and correction of all paused BUS Code Reviews by OHR. 
You do not need to take any steps to be included in the Group Grievance. You will automatically be added. 

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✅    COMPLETE NO LATER THAN 30 calendar days after your separation date: 

 

File an appeal to the U.S. Merit Systems Protection Board (MSPB). AFGE Local 2883 will be providing further guidance in the coming weeks. However, you cannot file until your separation date, and it is due no later than 30 calendar days after your separation date (not your RIF notice date). For example: if your separation date is 06/02/25, your deadline to appeal is 07/02/25. 

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1. After your separation date, file an appeal to the U.S. Merit Systems Protection Board (MSPB). 
​If you file an appeal before your separation date, it will likely be returned to you without review, due to premature submission. Simply resubmit within the allowable time.  

  • There is no risk in filing an appeal. If the MSPB sides with the government, your RIF will remain unchanged. 

  • If enough appeals are filed, MSPB is more likely to consolidate the appeals into a stronger class complaint (similar to a class-action lawsuit). 

  • AFGE Local 2883 will provide more detailed information and instruction in the coming weeks.

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2. Learn the Appeals Process 

  • As you wait for your official separation date, you may wish to create an account on the MSPB webpage and review the requirements for the appeal.

  • Democracy Now! created step by step guidance for the appeals process for probationary employees, which you may find helpful in your appeal process.

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3. Successful Appeals 

  • Successful MSPB appeals usually establish evidence of various procedural violations in RIF execution. Numerous appeals highlight deficiencies in process and demonstrate a pattern of legal and procedural noncompliance. 

  • Therefore, in your appeal, include detailed information documenting errors and violations in the procedural execution of the RIF. Review the Grievance form, specifically the section titled “Specific Incident or Description of Action Being Grieved” for language that should be used. More guidance for appeal strategy and language will be be provided before June 2nd.

  • Review the following case brought to FLRA that resulted in the reversal of the RIFs: https://www.flra.gov/system/files/decisions/v66_182_1.pdf 

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RIF’D BARGAINING UNIT EMPLOYEES (BUEs)*: Additional Immediate Steps​

 

​*The guidance in this BUE section is also for 685s and remote employees
who are in job series already included in BU (even if your BUS code has not changed yet)

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✅    DUE NO LATER THAN 15 WORKING DAYS FROM THE DAY AFTER YOUR RIF NOTICE:

 

You may file an individual grievance but if you do not, AFGE Local 2883 will file a group grievance on behalf of BUEs who did not file an individual grievance. Grievance deadlines in our Collective Bargaining Agreement (CBA) can be found here. 

 

CONSIDERATIONS between individual and group grievance:

 

AFGE L2883’s approach to these grievances is that some BUEs will file individual grievances and there will be other BUEs that do not file an individual grievance (and the latter BUEs will be included in a group grievance).  

  • Pros of Group Grievance: A group grievance is stronger than an individual grievance so if it prevails, it helps ALL other grievances.  

  • Pros of Individual Grievance: Having some individual grievances puts employers on notice that there are specific employees willing to be named and fight for their rights. Also, some BUEs may have additional areas of concerns which would be better suited to an individual grievance. Examples of employees who would want to file an individual grievance: 

    • Employees who were terminated based on their detail position. However, RIFs must take place according to your position of record.  

    • Employees whose performance scores are incorrect. 

    • Employees whose veteran’s preference is incorrect. 

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  • The ideal scenario for grievances is that there will be some individual grievances go forward and also a group grievance that is submitted on behalf of BUEs who do not submit an individual grievance. 

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1. BUE Individual Grievance: Bargaining Unit Employees MAY file an individual grievance no later than 15 working days from RIF notice. Again, if you do not file an individual grievance, you will be included in the group grievance. 

 

NOTE: Non-Bargaining Unit Employees (even if dues-paying) cannot file any type of grievance because RIFs are excluded from the Administrative Grievance Procedure. 

 

2. BUE Group Grievance:  AFGE Local 2883 President Yolanda Jacobs has filed a Group Grievance on behalf of BUEs (RIF'd on April 1st) who do not file an individual grievance. You do not need to take any steps to be included in the Group Grievance. You will automatically be added.

 

3. You may have heard from law firms to check with your local unions on whether our Collective Bargaining Agreement (CBA) allows BUEs to submit an appeal to MSPB if you file a grievance. YES! Our CBA allows BUEs to submit a grievance AND an appeal to MSPB. 

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ALL RIF’d EMPLOYEES Non-Timebound Actions

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1. ALL employees impacted by the RIF should contact their state Attorney General’s office and urge them to take legal action against the HHS RIF. 
Find your state Attorney General here, and make contact either by phone or by filing a complaint on their website. 

 

2. Third Party Lawsuits: AFGE Local 2883 is aware of the following private law groups that may be collecting information for class action lawsuits. Any interested employees, including BUEs, who were affected by the RIF may consider reaching out to the Federal Workers Legal Defense Network. If you decide to reach out to private federal employment law firms. Some law firms may try to take advantage of your situation. Verify the reputation of any law firm offering to assist.

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3. Support Your Union!  Fighting takes resources: Paying union dues enables all the legal actions, resources, and support that protect you. 

  • Join AFGE Local 2883 as a dues-paying member. Pay e-dues with a credit card or debit card. 

    ** DO NOT SELECT PAYROLL OPTION. ** 

  • Remember, even if you are a bargaining unit employee, you must still sign up as a dues-paying union member! 

  • You are eligible to join the union as a full or dues-paying member if you: 

    • Received a RIF notice and are currently on administrative leave. 

    • Have a BUS code 1872, BUS code 7777, or BUS code 8888 that has been recently corrected or you believe to be miscoded (those in Bargaining Unit). 

    • ***Supervisors can now (as of 4/10/2025) also become dues-paying members to get third-party representation and other benefits as Dues-Paying Members of AFGE Local 2883!

    • You will have access to union benefits including personal representation, help with filing an MSPB appeal, union communication on the latest updates, and more. 

    • ON ADMIN LEAVE, YOU ARE STILL AN EMPLOYEE. The union’s efforts still benefit you! 

 

4. Volunteer to help us fight: The volume and severity of the illegal actions of this Administration, as well as the sheer number of people affected, has left the AFGE Local 2883 staff overwhelmed. 


PLEASE CONSIDER VOLUNTEERING: Numerous tasks are outstanding, and we need all hands-on deck. Example tasks: monitoring signal chats and responding, monitoring AFGE inboxes and responding, drafting and reviewing Comms products, liaison between different volunteer groups and groups such as Mutual Aid and Fired But Fighting groups, responding to whatever fire gets dropped in our laps. 

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