AFGE Local 2883

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.

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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.

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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. L2883's collective bargaining agreement with CDC does not have RIF context and therefore, BUEs can appeal to MSPB.

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How do I file an MSPB appeal?

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

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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.

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Can separated employees file MSPB appeals as a group?

Yes, separated employees can file MSPB appeals as a group. This is called a "class appeal". Your group would work with an attorney to file your appeals as a class. The class would have to be accepted by MSPB. If the class is not accepted, you can still file an individual MSPB appeal. There may also be initial attorney's fees or other costs related to class appeal. Any initial costs would be recovered if the appeal is successful. Any ruling or remedy would apply to the entire class.

 

If you file an individual appeal and there are enough similar appeals, they are likely to be grouped together by MMSPB into a large “collective appeal”. If that happens, any ruling or remedy will apply to the entire collective.

 

IMPORTANT: If your group decides not to file a class appeal, it is imperative to coordinate the language of your MSPB appeal with similarly affected employees (Office, Division, Center, Agency, etc). This helps ensure a collective appeal.

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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.

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Do I need to hire a lawyer to file an MSPB appeal?

No, the MSPB appeal process was designed for individuals to easily file and go through the process. However, this is a personal decision and if working with a law firm best suits your circumstances, we recommend you participate with law firms that have a track record of working on behalf of federal workers, who are not requesting retainers upfront or that may have been recommended by AFGE such as James and Hoffman.

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Another avenue are the attorneys through the AFGE-coordinated ​Rise Up: Federal Workers Legal Defense Network. The network was recently created (April 2025) to provide free legal assistance to federal workers impacted by terminations or have concerns about their federal employment.

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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.

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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.

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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.