The Veterans Affairs Department this week told employees that it has let its collective bargaining agreements with the American Federation of Government Employees expire, weeks after a federal appeals court ruling stayed an order requiring management to honor the deal amid negotiations for a successor deal.
As part of its efforts to implement President Trump’s executive order banning collective bargaining for most federal workers on national security grounds, the VA had sought for months to terminate its union contracts, including two instances where the cancellation was blocked in court.
In July, the VA announced that it would let the contract lapse upon its scheduled Aug. 8 expiration date. AFGE officials argued that when the VA last spring requested to begin negotiations on a successor agreement, it triggered a clause in the CBA that extends its provisions indefinitely until those negotiations are complete.
But VA management said the union failed to come to the bargaining table within 30 days, negating that provision. Union officials, conversely, argue the ground rules negotiations they engaged in throughout that 30-day window meet the clause’s requirements. U.S. District Judge Melissa DuBose agreed and again halted the contract’s termination, but a three-judge panel found that decision improperly modified the scope of her original injunction, allowing the department to proceed.
In a message to employees Tuesday, obtained by Government Executive, VA management pitched the removal of AFGE as an opportunity to improve communication within the department.
“Employees and managers can more freely engage in open communications to improve the organization,” the message stated. “You may also see changes to some of the processes and procedures that were previously contained in the now-expired AFGE collective bargaining agreement. Managers have been directed to exclusively follow VA policy for all matters, including, but not limited to, promotions, alternative work schedules, details, hours of work, telework and leave usage . . . You are encouraged to discuss all workplace matters directly with your supervisor.”
And in guidance from the department’s Office of the Chief Human Capital Officer, the department said it would maintain portions of the expired CBA, albeit only for its police officers, firefighters and security guards—jobs exempted from Trump’s executive order. Specifically, management said it would preserve only contract articles pertaining to conditions of employment, and disregard provisions governing non-mandatory subjects of bargaining.
Most VA workers will also lose their Weingarten right to have a union representative present during disciplinary proceedings or other formal discussions, something department first responders will retain.
Similarly, the department will continue to provide union office space in facilities with exempt employees, primarily VA medical facilities. But employees banned from collective bargaining may only enter union office space while off duty.
Management also said that while it is ending its participation in any grievance proceeding or case before the Federal Labor Relations Authority involving “non-exempt employees,” it will continue to participate in cases involving exempt workers, and it will seek to carve non-first responders out of any cases involving a mix of employees.
“If the underlying grievance covers or appears to cover both exempted employees and non-exempted employees, VA should continue to participate in the grievance and arbitration procedure only to the extent it covers exempted employees, but continue to raise EO 14251, the CBA expiration, and all related arguments/positions) . . . at every stage of the grievance and arbitration procedure,” VA wrote. “Further, if the matter involves both exempted employees and non-exempted employees, VA should request the matter be held in abeyance until the litigation related to EO 14251 and VA’s implementation thereof is resolved.”
In a blog post this week, AFGE said it will continue to fight for the restoration of its contract for all VA bargaining-unit employees, and that it is examining potential next steps.
“Notably, the First Circuit [Court of Appeals] did not sanction the VA’s interpretation of the Duration of Agreement article, nor did it give the VA permission to re-terminate the CBA,” the union wrote. “[Our] fight is far from over. We will take every action to defend our contract and the rule of law. The court has not ruled on the underlying issue in this case, which is whether VA Secretary Doug Collins has the right to strip more than 300,000 VA employees of their voices at work.”
