Legal Fact Sheets | AFGE Local 2883

Grievances, Appeals, and Class Actions

It’s difficult to know what all your options are as a recently RIF’d Federal employee. Use these fact sheets to see what options may exist for you to challenge the recent reduction in force.

IMPORTANT:
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.

Contacting your state attorney general does not affect your ability to file a grievance, appeal, or join a lawsuit.

Collective Bargaining Agreement Grievance

What is a collective bargaining agreement (CBA) grievance?

A collective bargaining agreement grievance means that you are challenging that the recent RIF was not conducted in accordance with AFGE L2883 and CDC's most recent collective bargaining agreement (CBA).

Deadline:

Tuesday April 22nd, 2025 if you received your RIF notice on April 2nd, 2025.

Otherwise, the deadline is 15 working days after you receive your RIF notice.

Don’t wait, file your individual grievance as soon as possible if you can!

Who can file a CBA grievance?

Bargaining unit employees CAN file individual grievances.
AFGE CAN and WILL file a collective grievance for bargaining unit employees who do not file individual grievances. Individual BUEs will NOT be named in the Group Grievance in order to encompass everyone. However, it is still important for the majority of BUEs to submit individual grievances, as it provides a stronger case for action.
Non bargaining unit employees CANNOT file a CBA grievance.

How do I file a CBA grievance?

Download the fillable PDF from AFGE’s website. If the PDF is not fillable in your browser, download and install the free version of Adobe Acrobat and open the pdf.
Fill in your personal information (AFGE has already filled in the reason for the individual grievance), and save the filled in PDF.
Email the completed PDF to tlx@cdc.gov; qmz2@cdc.gov; ugt4@cdc.gov; pvt1@cdc.gov; and CC: dbu7@cdc.gov; localpresident@afge2883ga.org; afgelocal2883@cdc.gov;

What’s the possible remedy for a CBA grievance?

Reinstatement and / or back pay are possible remedies.

Is there a cost to filing a CBA grievance?

There is no cost for filing an individual CBA grievance or AFGE filing a collective CBA agreement on your behalf.

Does filing an individual CBA grievance prevent me from filing a Merit Services Protection Board (MSPB) appeal or joining a class action lawsuit?

No, our CBA does not restrict BUEs from taking other legal actions such as appeals to MSPB or class action lawsuits.

If I seek employment again with the federal government could I be blocked from being rehired because I filed a CBA grievance?

No, it is illegal for the government to retaliate against an individual for filing a CBA grievance.

What is the timeline for a possible remedy in filing a CBA grievance?

The administration is currently trying to claim that all CBAs are null and void. This will result in legal challenges, and there is currently no timetable on when these legal issues will be resolve

Merit Services Protection Board Appeal

What is a Merit Services Protection Board appeal?

A Merit Systems Protection Board (MSPB) appeal is a formal process through which a federal employee can challenge certain adverse personnel actions—such as a reduction in force separation—on the grounds that they were unjust, unlawful, or procedurally improper.

Deadline:

30 days after you have been officially separated from your agency (no longer on administrative leave). For most CDC employees, this will be Wednesday July 2nd, 2025. Don’t miss this deadline! Keep in mind, you CANNOT file an MSPB appeal before you are officially separated. They will reject the appeal because it is premature.

Who can file an MSPB appeal?

All employees separated from their agency during a reduction in force (RIF) may file an MSPB appeal. This includes BUEs and non-BUEs.

How do I file an MSPB appeal?

Separated employees can file an MSPB appeal electronically on their website.

What should separated employees put as the reason for their MSPB appeal?

You should include reasons why this reduction in force may be illegal (ex: Competitive area was too narrow, RIF was not conducted within regulations, illegal transferred to function, etc). IMPORTANT: AFGE will be sending out guidance in the near future that will include possible language for your appeal. You may also consult with an attorney on what to include in your appeal.

Can Separated employees file MSPB appeals as a collective group?

No, separated employees must file MSPB appeals individually. However, if there are enough appeals that are similar, they are likely to be grouped together in a large “class appeal”. If that happens, any remedy would apply to the entire class. IMPORTANT: It is imperative to coordinate the language of your MSPB appeal with similarly affected employees (Office, Division, Center, Agency, etc). This helps ensure a class appeal.

What’s the possible remedy for a MSPB appeal?

Reinstatement and / or back pay are possible remedies.

Is there a cost to filing an MSPB appeal?

There is no cost for filing an MSPB appeal.

Does filing an MSPB prevent separated employees from joining a class action lawsuit?

No, separated employees may file an MSPB appeal and join a class action lawsuit.

If I seek employment again with the federal government, could I be blocked from being rehired because I filed an MSPB appeal?

No, it is illegal for the government to retaliate against an individual for filing an MSBP appeal.

What is the timeline for a possible remedy in filing an MSPB appeal?

Typically, MSPB appeals are usually resolved within about 120 days. However, these are not typical times. The administration has tried to remove one of the three members from the MSPB. This is currently being resolved in the courts. If the administration is allowed to remove the board member, it is possible that MSPB will not have a quorum (minimum number of members needed for the board to function). If this happens, the MSPB will not be able to make a final ruling until the board is at full membership. Due to the expiration of a member’s tenure during President Trump’s first term, and the subsequent lack of confirmed nominations, the MSPB went 6 years without a quorum. If that happens again, all MSPB appeal final reviews will remain pending until there is a quorum. AFGE L2883 will keep you informed about developments regarding Cathy Harris, the MSPB member currently involved court proceedings, and how such outcomes may affect your appeal.

Class Action Lawsuit

What is the difference between an MSPB appeal and a class action lawsuit?

The key difference between an MSPB appeal and a class action lawsuit for a federal employee is that an MSPB appeal is an individual administrative process challenging a specific personnel action, while a class action lawsuit is a judicial process used when multiple employees collectively seek legal remedy for widespread or systemic issues. MSPB Appeals can also become Class appeals if there are numerous appeals that are similar.

Deadline:

Class action lawsuits cannot be filed until there are actual damages. This means they cannot be filed until after employees have been separated. The deadline to file is dependent on the specific claims being made.

Who can join class action lawsuits?

All employees separated from their agency during a reduction in force (RIF) may join a class action lawsuit.

How do I join a class action lawsuit?

Separated employees can work with an attorney or the class representative to file a class action lawsuit. Once a “class” is defined, everyone in the class will be covered by the class action lawsuit (even if you are not working directly with an attorney).

Can I submit an MSPB appeal or CBA grievance and still join a class action lawsuit?

Yes, submitting an MSPB appeal and/or filing a CBA grievance will not prevent you from joining a class action lawsuit.

Are there any law firms currently considering representing employees who are about to be separated?

Yes, there are two firms that have been in contact with federal employees that were notified of their pending separation. They are the Federal Practice Group and Gilbert Employment Law.

Rise Up: Federal Workers Legal Defense Network was recently created (April 2025) to provide free legal assistance to federal workers impacted by terminations or have concerns about their federal employment.

What is the possible remedy for a class action lawsuit?

Reinstatement and / or back pay are possible remedies. There could possibly be other damages, but the federal government can only be sued for actual damages (back pay, medical costs, etc). They cannot be sued for punitive damages.

Is there a cost to filing a class action lawsuit?

Yes, there are initial costs involved in starting a class action lawsuit. They can start at around $1,000 at the lower end and can increase from there. Each law firm will have their own compensation requirements.

If I seek employment again with the federal government, could I be blocked from being rehired because I joined a class action lawsuit?

No, it is illegal for the government to retaliate against an individual for filing a class action lawsuit.

What is the timeline for a possible remedy in filing a class action?

Probably years to be fully resolved. The government will likely challenge any class certification, which is required for class action lawsuits to move forward. It’s a possibility that multiple class action lawsuits will need to be filed. For a class to be certified, they have to be similar employees in a similar situation. It is not clear yet whether the best course of action is for CDC employees to file a class action suit as a whole, or if it would need to go by Center, Division, or Office.