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Your rights as a federal employee: Due process, adverse actions and union representation 

The Partnership for Public Service launched a webinar series to address critical issues facing the civil service and answer frequently asked questions from federal employees as they navigate the challenges they currently face.  

The third installment of the series provided essential information on due process, adverse actions and other key issues. Partnership Vice President of Government Affairs Jenny Mattingley led a discussion with Arthur Gary, a retired federal government attorney, and Robert Erbe, a private practice attorney who specializes in federal employment litigation.  

They addressed the following questions related to federal employee rights. 

What are due process and adverse actions, and how do they relate? 

Due process protects federal employees’ right to fair procedures in personnel matters. It generally means employees get written notice of a proposed action and a chance to respond.   

Adverse actions—specific personnel actions like suspensions, pay cuts or removals—trigger these due process rights, which ensure fairness in the workplace and protect employees from undue harm or discrimination. 

How does employee status affect someone’s ability to appeal adverse actions? 

Adverse actions have different implications based on employee status.  

General Schedule employees typically have full appeal rights for adverse actions and can generally appeal to the Merit Systems Protection Board.  

Senior Executive Service members have more limited appeal rights and often cannot access the Merit Systems Protection Board.  

Probationary employees have the most limited appeal rights. Other employee categories exist, each with specific rules.  

Consult your human resources office, legal counsel or union representatives for more specific advice, and check your SF-50 to find your employee status. 

What is a reduction in force, and can it be appealed? 

Agencies use reduction-in-force orders for workforce planning and restructuring. It involves refocusing resources, changing programs and adjusting positions. RIFs are complex, with many administrative steps.  

The process is generally not appealable, but the final action, such as reassignment or removal, may be.  

Just because a position is targeted in a RIF doesn’t mean the employee will automatically lose their job. This is due to “bump rights” and “retreat rights,” which are determined by  OPM regulations and agency RIF procedures. 

“Bumping” means displacing an employee on a different competitive level who is in a lower tenure group or in a lower subgroup within the released employee’s own tenure group (A senior employee “bumps” a less senior employee out of their current position and takes that position). 

“Retreating” means displacing an employee on a different competitive level with less service within the released employee’s own tenure group and subgroup (A senior employee “retreats” to a previously held position, displacing the less senior employee who currently holds that prior role).

How do I know if I am in a bargaining unit, and what does that mean for my rights? 

A bargaining unit position is a job that is represented by a labor union. 

Your SF-50 contains your bargaining unit status in Block 37. If the code is “8888,” your position is not covered by a bargaining unit. If the code is “7777,” your position is eligible for coverage, but no unit currently exists. Any other code indicates your position is both eligible and a bargaining unit exists. Bargaining unit members are covered by the Collective Bargaining Agreement, regardless of dues payment.  

Unions generally must represent all members fairly, whether they pay dues or not. However, there are exceptions. For example, if a non-dues-paying member can resolve a problem through another process—like appealing to the Merit Systems Protection Board— the union might choose not to take their case to arbitration.

Where do federal employee rights come from, and how do they differ? 

Federal employee rights come from several sources. Title 5 of the U.S. Code is a primary source, with Chapter 75 covering adverse actions (like suspensions or firing) and Chapter 43 addressing performance-related issues.  

Collective bargaining agreements offer additional rights to union members. 

The Equal Employment Opportunity Commission and Office of Special Counsel protect rights related to discrimination, prohibited personnel practices and political activity.

What organizations handle complaints related to federal employment? 

The Merit Systems Protection Board hears appeals of adverse actions and some performance actions. 

The Equal Employment Opportunity Commission handles discrimination complaints. 

The Office of Special Counsel investigates prohibited personnel practices, including whistleblower retaliation and military status discrimination, and Hatch Act violations. 

What should I do if I have questions about my rights? 

Download and carefully review your SF-50 and eOPF. These documents contain key information about your employment status, position and service history.   

Consult your agency’s human resources office. They are your primary point of contact for questions related to agency policies and procedures.   

If you are a member of a union, reach out to your union representative. They can provide guidance on your rights under the Collective Bargaining Agreement. 

If you are facing a specific legal issue, it is always best to consult with an attorney that specializes in federal employment law. 

Stay tuned for the latest updates and join our upcoming webinars for in-depth discussions on the latest changes to the civil service and how they affect federal employees.  

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