Reduction in Force (RIF)

It has been widely reported that VA will completing a RIF. See the reported VA RIF memo here

For “pure” Title 38 employees, Physicians, Dentists, Podiatrists, Optometrists, Chiropractors, Registered Nurses (RNs), Physician Assistants (PAs), Expanded-Duty Dental Auxiliaries (EDDAs), Reduction in Force (RIF) rules and timelines differ from those governing Title 5 employees. “Pure” Title 38 employees are part of the excepted service personnel system and follow a different RIF process. (To my knowledge there has never been a Title 38 RIF) 

Please note this post is does not address Hybrid Title 38’s. These positions are a combination of both Title 38 and Title 5. They are covered by Title 38 for certain aspects like appointment, promotion, and some pay while being covered by Title 5 rules for aspects like performance appraisals, leave, work schedule, and discipline.

Kindly review our post featuring the AFGE Local 17 RIF Podcast, which provides valuable insights.

Authority & Rules Governing RIF for Title 38 Staff

See https://glaunion.com/2025/03/10/what-does-our-collective-bargaining-agreement-say-about-rifs-for-title-38s/ for relevant documents.

“Section C: Coverage of the RIF Regulations” indicates that Title 38’s are covered.

“Non-hybrid” health care personnel of the Department of Veterans Affairs whose employment is governed in significant part by chapter 74 of title 38, United States Code, are covered by the RIF regulations. (Part-time health care professionals of the Department of Veterans Affairs who are appointed under authority of section 7405(a)(1) of title 38, United States Code, are not covered by part 351 of title 5, Code of Federal Regulations.

For more details See Workforce Reshaping Operations Handbook A Guide for Agency Management and Human Resource Offices

RIF Notification Timeline

Title 38 employees are generally entitled to at least 30 days’ written notice before separation or reassignment.

However, Our Master Agreement, collective bargaining agreement (CBA), requires a longer notice 60 days: See Section 7 – Employee Notification An individual employee who is adversely affected by actions stated in this article shall be given a specific notice not less than 60 days prior to the effective date of the action. All such notices shall contain the information required by the OPM regulations in addition to the information required by this article. Link to Master Agreement (CBA)

The VA must also notify AFGE representing affected employees before implementing a RIF.

Bumping and Placement Rights

We are looking into if this applies to Title 38’s

Appeals & Union Protections

Union Representation: Employees covered by AFGE Local 1061 or another AFGE Local should consult the Master Agreement (CBA) for specific RIF protections.

Appeal Options: Title 38 employees generally cannot appeal to the MSPB. Employees may be able to file a grievance through the negotiated grievance procedures or challenge the decision through VA internal procedures.

Reductions in Force links: