The Department of Veterans Affairs has re-terminated its labor contract with the American Federation of Government Employees’ National VA Council, despite a federal judge’s order to restore it. The move was characterized by U.S. District Court Judge Melissa DuBose as “blatant disrespect” for the court’s directive.
VA and AFGE Clash Over Collective Bargaining
Earlier in March, Judge DuBose ordered the VA to reinstate its collective bargaining agreement with AFGE/NVAC while the legal case proceeds. This contract covers more than 300,000 VA employees. The judge had determined that VA Secretary Doug Collins “favored some unions over others” when implementing a March 2025 executive order eliminating collective bargaining across more than 20 federal agencies, including the VA.
The VA initially restored the agreement following the court’s preliminary injunction. Yet, court filings revealed the department continued to deny benefits and workplace protections outlined in the contract to covered employees. Secretary Collins informed AFGE leadership in a memo Thursday that the department must comply with the underlying March 2025 executive order, even with the injunction in place.
Attorneys representing AFGE have pointed out that other agencies have attempted similar actions to circumvent court orders. Last December, the Department of Homeland Security sought to terminate AFGE’s collective bargaining agreement for Transportation Security Administration employees, despite a prior court ruling blocking that action. In January, a judge in Washington State ruled that DHS had violated an earlier injunction protecting the AFGE-TSA agreement.
The 1978 Federal Service Labor-Management Relations Statute (FSLMRS) generally grants federal employees the right to collective bargaining, excluding agencies with national security functions. The VA is now asserting that it falls under this exemption, claiming the President has determined it has a “primary function of intelligence, counterintelligence, investigative, or national security work.”
AFGE filed a motion to enforce the preliminary injunction on March 20, arguing that hundreds of thousands of VA employees are being harmed by the department’s non-compliance. A Justice Department attorney representing the VA responded that the re-termination of the contract rendered AFGE’s motion “moot.” Judge DuBose expressed strong disapproval, stating the VA’s actions “throws everything that the court attempted to do to clarify into chaos.”
The VA has appealed the case to the First Circuit Court of Appeals. The Justice Department notified the court of the appeal on Friday. The VA was among the first departments to terminate union contracts following the March 2025 executive order. The Office of Personnel Management initially advised agencies to delay terminations pending legal challenges, but reversed course last month, directing agencies to proceed with amending or canceling agreements.
Frequently Asked Questions
What prompted the judge’s initial order to restore the contract?
U.S. District Court Judge Melissa DuBose determined that VA Secretary Doug Collins “favored some unions over others” when implementing the March 2025 executive order eliminating collective bargaining.
How many VA employees are covered by the affected collective bargaining agreement?
The contract covers more than 300,000 VA employees.
What is the VA’s justification for re-terminating the contract?
The VA claims This proves still excluded from FSLMRS coverage under the March 2025 executive order and that the collective bargaining agreement “cannot operate without FSLMRS,” citing national security grounds.
What will happen next remains uncertain, but the case is now before the First Circuit Court of Appeals. It is possible the court will uphold the injunction, or it could side with the VA, allowing the termination of the contract to stand. Further legal challenges are also possible.
