Your Rights During a RIF

Although we sincerely hope a Reduction in Force (RIF) does not occur at Goddard, we want to share some information on your rights and what you should do if a RIF does occur and you receive a RIF notice. The information below is taken in part from “A Civil Servant's Guide To Reductions In Force” by the Civil Service Strong organization, GESTA’s Collective Bargaining Agreement, Sect 18., information from the Office of Personnel Management's (OPM) RIF Website and OPM’s Employee Guide to Career Transition. We encourage you to read the information at those links as well.

If you are subject to a RIF, you have the legal right to the following: 

1. 60-days Written Notice: This written notice must include the effective date of the RIF and your appeal rights. If you receive a RIF notice please save a copy and read the notice carefully to confirm that such information is included.
2. Access To Your Competitive Area, Level and Retention Register: Your competitive area, level and retention register are the means through which the agency properly determines which employees are to be RIFed. The retention register is the ranking of employees within a competitive level. These must legally follow regulations set by 5 C.F.R. part 351. You should request documentation of your competitive area, level and retention register from NASA HR as soon as you receive written notice of a RIF.
3. Union Representation: Please reach out to GESTA as soon as possible and forward any written notice, retention register or other supporting information you receive.
4. Legal Representation: You are allowed legal representation.  A note that free legal advice for federal employees is also available through the Rise Up Legal Network.
5. Appeal Rights: If a RIF is implemented improperly as a bargaining unit employee you have the right to appeal a RIF action in the form of a Step 3 grievance within 15 work days of receiving a RIF notice (see our prior “Know Your Rights” blog post). GESTA can appeal any Step 3 grievance outcome by invoking arbitration within 20 days of a Step 3 grievance decision. Any arbitration outcome can be appealed to judicial review.  In the case of discrimination there is also the option to file an appeal to the Merit System Protection Board within 30 days of the RIF effective date. We recommend you reach out to GESTA and/or a federal labor lawyer for advice and representation about and during any appeal process.
6. Severance Pay: If you are eligible you will receive severance pay. See OPM's Severance Pay Fact Sheet. 
7. Health Insurance Coverage: Your coverage should extend 31 days post employment and you should have the option to continue coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA). However, we encourage you to investigate healthcare plans available through your respective state marketplace (see DC, MD, VA, NY & WV) which may be more affordable than COBRA.
   
8. Payout of Any Qualified Leave Earned: Any Annual Leave and Earned Credit Hours will be paid out. Travel Compensatory Time and Time Off Awards will not be paid out. Compensatory Time might be paid out. 
   
9. Career Transition Services: The agency must also provide other services to employees who are RIFed such as “skills assessment, resume preparation, counseling, or job search assistance”. You should reach out to NASA HR after you receive a RIF notice to find out what services are available. 
   
10. Re-hiring Priority at NASA or Another Federal Agency: The federal government is obligated to provide hiring preference to eligible RIFed employees via three mechanisms: a Career Transition Assistance Plan (CTAP), a Reemployment Priority List (RPL) and an Interagency Career Transition Assistance Plan (ICTAP):

• The CTAP gives priority preference for eligible NASA employees for rehiring within the agency per commuting area after receiving notice of a RIF but before the RIF separation date. This priority is established by attaching proof of your RIF Notice in the CTAP eligibility portion of your job application. 
• The RPL gives priority preference for eligible NASA employees for rehiring within the agency for 1-2 years from the time your name is added to the RPL. The RPL is a list the agency must maintain of RIFed employees per each commuting area who are interested in re-hiring. The agency must consult employees on the list and provide preference to them for any hiring action they are eligible for. You can reach out to NASA HR to register on the list via submitting an RPL application form as soon as you receive your RIF notice and must do so by 30 days after your RIF separation date. 
• The ICTAP is similar to CTAP and is per commuting area, but applies to job openings at other federal agencies. ICTAP provides priority hiring preference for eligible applicants from the RIF notice date until 1 year after the RIF separation date. This priority is established by attaching proof of your RIF Notice or other evidence in the ICTAP eligibility portion of your USAJOBS application. 

Note even if the above rights and the regulations governing RIFs are followed, a large-scale RIF action by the agency may still be illegal if it does not sufficiently involve Congress under the Separation of Powers that are defined in the US Constitution and/or if it does not comply with the Administrative Procedures Act which bans administrative actions that are “arbitrary and capricious” [1, 2] and legal actions may still be possible

Related to a potential RIF, GESTA submitted a request for information (RFI) on April 30, 2025 for access to the NASA Agency level reorganization plans that are being developed in response to President Trumps’ Executive Order “Implementing The President’s ‘Department of Government Efficiency’ Workforce Optimization Initiative”. This request for information was denied with the response that any plans were too preliminary to be shared. However GESTA intends to resubmit this RFI given NASA has and is moving forward with voluntary workforce reduction initiatives and “insourcing” actions indicating that any plans are clearly no longer preliminary.