Jul 17, 2026
A proposed rule from the Office of Personnel Management (OPM) and the Merit Systems Protection Board (MSPB) could significantly reshape how federal agencies handle employee performance, discipline, and removals. But what do these changes actually mean for federal employees and supervisors? You need to know so you can comment officially via the Federal Register by August 3, 2026.
Former MSPB executive Raymond Limon joins the FedUpward podcast to break down the proposed rule and explain why it has sparked concern across the federal workforce. They discuss the potential elimination of the long-standing Douglas Factors, the legal framework that has guided disciplinary decisions for more than four decades, and what their removal could mean for consistency, due process, and agency accountability.
The conversation also explores the proposal's requirement for 30-day Performance Improvement Plans (PIPs), annual supervisory training, and the broader implications of OPM and MSPB issuing joint regulations. Ray explains how these changes could affect managers, employees, and the future independence of the MSPB, especially in light of recent Supreme Court decisions.
So listen for some much needed context to understand one of the most consequential federal workforce proposals in years—and why participating in the public comment process matters.
Read the Douglas Factors: https://www.opm.gov/policy-data-oversight/employee-relations/reference-materials/douglas-factors/
The proposed rule: https://public-inspection.federalregister.gov/2026-13445.pdf
Check out Ray’s website: https://www.meritserviceadvocates.com/
LinkedIn: www.linkedin.com/in/love-rutledge