Reductions in Force (RIFs) at VA Central Office: What You Need to Know

This article summarizes key insights from a recent podcast featuring Douglas Massey, President of AFGE Local 17, and Bibi Roberts, Founder of Roberts Labor Law and Consulting, L.L.C.  The discussion focused on Reductions in Force (RIFs) at the Department of Veterans Affairs (VA) and what employees need to know about their rights and protections.

What is a RIF?

A Reduction in Force (RIF) is a process federal agencies, including the VA, may implement when reducing their workforce due to budget cuts, reorganizations, or decreased workloads. RIFs are governed by federal laws, Office of Personnel Management (OPM) regulations, and the Master Agreement.

The RIF process is highly complex, and the VA is likely to make significant errors in its implementation.  Given this complexity, the Union anticipates successfully reversing many improper RIF decisions, securing reinstatement, back pay, and attorneys’ fees for affected employees.

The Trump Executive Order & RIFs

On February 11, 2025, President Trump signed an executive order directing federal agencies to conduct large-scale RIFs.  The order prioritizes eliminating positions deemed non-essential, reducing agencies to the bare minimum workforce required to implement congressional mandates.  With a hiring ratio of one new hire for every four employees departing, the administration’s approach threatens up to 700,000 federal jobs and disrupts government functions.

However, recent developments suggest a shift in the administration’s approach.  During a Cabinet meeting, President Trump clarified that while Elon Musk and his teams at the Department of Government Efficiency (DOGE) and OPM serve in an advisory capacity, final RIF decisions rest with Cabinet secretaries.  Trump urged agency heads, including VA Secretary Doug Collins, to approach reductions with precision, favoring a “scalpel” rather than a “hatchet.”  But should we trust these statements?

Comparing RIF Approaches: Clinton’s Precision vs. Trump’s Aggressiveness

The last major federal workforce reduction occurred under President Bill Clinton, who reduced federal employment by approximately 436,000 positions. Clinton’s approach emphasized:

• Voluntary Measures: Buyouts and early retirement incentives to encourage voluntary departures.
• Gradual Implementation: Phased reductions to minimize disruption to government services.
• Strategic Focus: Ensuring essential functions remained adequately staffed.

In contrast, the Trump administration’s strategy is characterized by:

• Mass Firings: Large-scale terminations across multiple agencies.
• Rapid Execution: Swift layoffs causing immediate operational disruptions.
• Broad Scope: Entire departments and programs targeted for elimination.

Understanding these contrasting methodologies underscores the importance of strategic execution in workforce reductions.

Why Do RIFs Happen?

A RIF may occur due to:

• Budget constraints: Insufficient funding for specific positions or programs.
• Reorganizations: Structural changes that eliminate positions.
• Lack of work: Declining workload in certain areas.
• Transfers of functions: Job duties reassigned to different locations or offices.

However, none of these four factors are the driving force behind most of the RIFs occurring today.  Instead, this is about attacking federal employees because it has become a popular political platform to refer to government workers as the “swamp,” the “deep state,” or the “radical left.”  However, we all understand that we are simply Americans trying to do our jobs – jobs that we believe are part of an important mission: serving our nation’s Veterans.

Competitive Areas, Competitive Levels, and the Retention Registry

The competitive area defines the organizational units and geographic locations affected by the RIF.  A smaller competitive area confines the impact to a limited group of employees, while a broader competitive area increases competition for retained positions.

The competitive level categorizes interchangeable positions with similar responsibilities and pay. The proper definition of competitive areas and levels is critical, as errors in classification can lead to wrongful terminations. The Union will closely monitor these classifications to ensure fairness.

A retention registry is a ranked list of employees within a competitive level, determining who will be retained or released during a RIF. Employees are ranked based on four key retention factors:

1. Tenure of Employment: Permanent employees are prioritized over temporary and conditional employees.
2. Veterans’ Preference: Eligible veterans receive priority consideration.
3. Length of Service: Employees with longer federal service are ranked higher.
4. Performance Ratings: Recent performance evaluations influence retention standing.

Employees with higher retention standing are placed at the top of the retention register, while those with lower standing are more vulnerable to separation.  During a RIF, employees are released in inverse order of their retention standing, with the lowest-ranked employees being impacted first.

Bumping and Retreat Rights

Employees released due to a RIF may have the right to bump or retreat into another position held by an employee with even lower retention standing:

• Bumping: A higher-standing employee may displace a lower-standing employee in a different competitive level if they meet qualification requirements.
• Retreating: A released employee may reclaim a position they previously held at the same grade level if occupied by a lower-standing employee.

Understanding these rights is crucial, as they can provide employees with additional opportunities to remain employed within the VA.

Understanding Your Rights in a RIF

When a RIF occurs, specific rules govern employee reassignment, displacement (bumping or retreating), and separation.  If your job is abolished, the VA must attempt to reassign you to a similar position at your current pay grade.   However, refusal of such reassignment could result in separation through adverse action procedures rather than traditional RIF methods.

It’s crucial to know:

• You have assignment rights if your job is abolished and someone with lower retention standing occupies a similar role.
• Declining a valid reassignment can result in separation handled through adverse action procedures.
• You must be qualified for any position offered through reassignment or displacement.

Common Challenges and Errors in RIFs

Errors in a RIF process are common, particularly due to high turnover within HR, resulting in potentially inexperienced personnel managing complex procedures.  Employees and union representatives should remain vigilant for errors such as:

• Incorrect determination of competitive areas or competitive levels.
• Wrong retention standings due to administrative errors like incorrect Service Computation Dates (SCD).
• Violations of assignment rights (bumping and retreating).
• Failure to provide proper notice: 60 days for employees and 90 days for the union.

Post-RIF Obligations

After a RIF, the VA has continuing responsibilities, including:

• Offering vacancies to employees previously demoted due to a RIF, prioritizing those with higher retention standings.
• Maintaining records related to the RIF for at least two years to support potential challenges.
• Ensuring separated career employees are prioritized for reemployment within two years, or one year for career conditional employees, should positions become available.

The Role of AFGE Local 17 and the National VA Council

Local 17, supported by the National VA Council and AFGE National, offers extensive resources for employees facing a RIF.  This includes experienced negotiators, legal teams, and union representatives prepared to advocate on your behalf.

When you support the union, you’re investing in a collective strength dedicated to protecting your employment rights.

Conclusion

A RIF can be a stressful and uncertain experience but knowing your rights and options can help you navigate the process.  The VA must adhere to strict legal and contractual procedures, and AFGE Local 17 is dedicated to ensuring those protections are upheld.  If you have concerns or believe your rights have been violated, contact your AFGE Local 17 representatives for guidance and support.