🚨BREAKING NEWS: On October 28, 2025, U.S. District Court Judge Susan Illston (Northern District of California) granted a Preliminary Injunction (PI) in AFGE v. OMB, which continues halting all Federal Reduction-in-Force (RIF) actions initiated or approved by OMB during the current government shutdown. The ruling applies nationwide to any agencies--including CDC/HHS--with at least 1 AFGE Member or BUE that applied the new OMB RIF framework.🚨
RIFs for Title 42 Employees
Title 42 positions are excepted service appointments, meaning they are NOT covered by the standard RIF procedures outlined in 5 CFR Part 351.
Each agency may have its own, less formal, policies for Title 42 workforce reductions. Those who are part of a bargaining unit may have access to a negotiated grievance procedure under their union contract.
Title 42 Employees are only entitled to Merit Systems Protection Board (MSPB) appeal rights if they did NOT sign a form acknowledging they have no appeal rights.
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Those who signed an acknowledgement form during their onboarding do not have appeal rights.
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Those who did not receive or sign this acknowledgement form, they can and should appeal.
Title 42 positions are excluded from the following:
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Retention registers based on tenure, veterans’ preference, and performance ratings
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Bump and retreat rights to displace less-senior employees
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Mandatory placement assistance like CTAP/ICTAP
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Severance