Submit Comments to Help NTEU Fight for Probationary Employees’ Rights

Specifically, OPM is proposing a rule that would take away from probationary employees the right to file certain appeals with the Merit Systems Protection Board (MSPB) and force them to go instead to OPM. This is wrong because such appeals belong before a neutral, adjudicatory body like the MSPB, not a federal agency dedicated to carrying out the President’s agenda like OPM.

Also, OPM wants to deny probationary employees any right to a hearing or to obtaining necessary and relevant information from the agency to help with their appeal. Employees would also lose the choice they currently have to bring “mixed” cases involving discrimination allegations to either the MSPB or the Equal Employment Opportunity Commission. And, OPM’s proposal would prohibit unions from using any official time to help probationary employees prepare for such appeals. 

NTEU will be submitting comments opposing these new changes, and we encourage you and our fellow workers to do the same. Comments are due on Thursday, Jan. 29.

To file comments:

• The portal to submit comments is here.

• Click on “Comment.”

• You can simply type in your comment or attach a document.

• You may submit anonymously.

• You may submit any comments you want and you should put them in your own words, but some suggestions are:

  • I oppose the administration’s effort to limit the rights of probationary and trial employees.

  • Probationary appeals belong before a neutral, adjudicatory body like the Merit Systems Protection Board, not an executive branch agency like OPM.

  • Probationary employees deserve the choice they have under current law to bring mixed cases either to the MSPB or the EEOC.

  • Probationary employees should not lose the right to a hearing or discovery when filing appeals; without such rights, OPM’s proposed process will be one-sided in favor of the agency and unfair.

  • Unions are entitled to official time to help probationary employees prepare for any appeals. Helping employees fight wrongful agency actions is a critical function of what unions provide.