OPM finalizes rules expanding its power over federal employee appeals and RIFs
The Office of Personnel Management (OPM) finalized new rules to take control of federal employee appeals for RIFs, suitability, and probationary actions, moving them from the Merit Systems Protection Board (MSPB). OPM cites MSPB backlogs for the change, but critics like former MSPB member Raymond Limon call it an "existential threat to due process" that eliminates appeals to federal courts.
OPM jurisdiction expansion
▪The new rules give OPM control over appeals for reduction-in-force (RIF) decisions, suitability actions, and cases involving probationary employees.
▪On July 31, 2026, the Office of Personnel Management (OPM) finalized four sets of regulations expanding its power over the federal workforce.
▪Previously, these types of employee appeals were under the jurisdiction of the Merit Systems Protection Board (MSPB).
▪A separate rule overhauls RIF procedures by emphasizing recent performance reviews over an employee's tenure.
Appeals process changes
▪Federal employees will no longer be able to appeal final agency decisions in federal courts under the new rules.
▪Former MSPB member Raymond Limon characterized the new OPM appeals process as a "paper exercise" lacking an adversarial litigation process or an independent judge.
▪Under the new process, appeals will be handled by OPM’s Office of Merit System Accountability and Compliance, with the OPM director having final review.
MSPB backlog justification
▪OPM Director Scott Kupor justified the changes by citing the MSPB's backlog, which he said can stretch for months or years.
▪The Merit Systems Protection Board's (MSPB) backlog has been attributed to a lack of a quorum of presidential appointees.
▪The 2025 lack of a quorum at the MSPB began after President Trump fired Democratic appointee Cathy Harris in February 2025.
Congressional intent debate
▪The 1978 Civil Service Reform Act separated the former Civil Service Commission into two agencies: OPM for policy and the MSPB for appeals.
▪OPM contended that in the Civil Service Reform Act, Congress did not direct that the MSPB have jurisdiction over RIF appeals.
▪Raymond Limon noted that the subsequent Foreign Service Act gave foreign service officers the option to appeal a RIF to the MSPB.
Due process concerns
▪Public comments on the regulation turning RIF appeals over to OPM were 99% opposed out of approximately 1,250 submissions.
▪Former MSPB member Raymond Limon described OPM's move as an "existential threat to due process."
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