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OPM Proposes the Rule to remove the Merit Systems Protection Board MSPB in Reduction in Force RIF appeals (17 days)
Super SummarizedThis OPM Proposal removes the MSPB judge. This Proposal replaces the MSPB judge with NOBODY. in Short, OPM wants to take over RIF appeals from MSPB. OPM saysOPM has the right adjudicate RIF appeals itself (wrong!)OPM will MAKE THE SITUATION IMPOSSIBLE for an employee to appeal a RIF.Please comment. The Comment period ends Thursday March 12, 2026 (17 days). Please, EVERYONE, comment now. Only 299 comments so far have been received. More comments are desired. Make sure to cite laws and cite acts and cite judicial rulings. Request an extension of the comment period.Submit a Comment on the Proposed ruleIf submitting through an attached pdf, all submissions must include the agency name and docket number or RIN for this Federal Register document. Further, if you choose to submit your comment as a PDF attachment, you must still enter some text in the “comment” box, which could be as simple as “Please see the attachment.” The situation is best to name the file “Attachment1_filename.pdfhttps://www.regulations.gov/commenton/OPM-2025-0239-0001 or https://www.federalregister.gov/documents/2026/02/10/2026-02576/reduction-in-force-appealsProposed rulehttps://www.federalregister.gov/documents/2026/02/10/2026-02576/reduction-in-force-appeals or https://federalregister.gov/d/2026-02576Already Submitted Comments (Currently OPM Keeps Submitted Comments Secret)https://www.regulations.gov/document/OPM-2025-0239-0001/commentPlease, include reasons that explain that, if this Rule becomes Final, the effect would:Be unenforceable. OPM does not have the right by statue to adjudicate a RIF.Be unimplementable. A RIF ruling is ignorable by the Agency, because OPM does not have the right by statue to adjudicate a RIF.Remove former employees right to an unbiased, non-POLITICAL, fair judge.Remove former employees right to the Federal Circuit, a federal district court, and Due Process under the ConstitutionForce arbitration upon former employees.Create a situation where OPM and/or the Agency and/or the Executive Branch can perform a crime that separates employees "at will" and lie about it and call it a RIF.Create a situation where the Agency and/or OPM and/or the Executive Branch can collude and perform, or separately perform, a crime of creating an invalid RIF.Lessen the quality of our current and future workforceAdd unnecessary risk to our longevityEffective Comment Writinghttps://bestpractices.nokidhungry.org/sites/default/files/2023-05/How%20to%20Comment%20on%20Federal%20Regulations%20Final.pdf or https://protectdemocracy.org/wp-content/uploads/2025/04/What-Makes-an-Effective-Public-Comment.pdf or https://www.regulations.gov/commenting-guidanceThese articles recommends the subjectsConsider the problem that the regulation intends to address.Consider whether proposed regulations are based on the best available scientific, technical, economic, experience-based, and other information.Consider whether the agency is missing a certain perspectiveConsider whether the costs of the proposed regulation are justified by its benefitsConsider distributional analysis and costs or benefits that are hard to monetize.Effective checklistExplain why you are interestedIf necessary, explain the specific part you are interestedExplain personal experience. Explain the experience of family, neighbors, and friends.MOST IMPORTANT: Explain how the proposal hurts and damages (1) "me", (2) "the non-OPM agency", (3) "the Federal government", (4) "OPM", and (5) "the American people",Make recommendations AND provide evidence AND cite laws AND judicial rulingsSummarize arguments and recommendationsPurpose of CommentsComments raise the bar that agencies have to meet when making a rule; if an agency fails to adequately respond to significant, relevant comments in a final rule, members of the public may seek to challenge the rule in court on that basis and claim it could be struck down.LOPER BRIGHT ENTERPRISES ET AL. v. RAIMONDO - Argued January 17, 2024—Decided June 28, 2024https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf
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