VA Restores Union Contract, But Disputes Over Implementation Continue
The Department of Veterans Affairs (VA) has complied with a federal court order to restore its collective bargaining agreement with the American Federation of Government Employees’ National VA Council (AFGE/NVAC), but is facing accusations of hindering full implementation of the agreement’s provisions. A federal judge in Rhode Island initially ordered the VA to reinstate the contract on March 13, 2026, while a lawsuit challenging the VA’s termination of the agreement proceeds.
Background: Trump Administration’s Executive Order and Legal Challenges
The dispute stems from a March 2025 executive order issued by former President Donald Trump, which cited national security concerns to strip collective bargaining rights from federal employees in more than 20 agencies, including the VA. The VA was among the first departments to terminate its union contracts following the order. AFGE/NVAC, representing over 320,000 VA employees, filed a lawsuit in November 2025, alleging that the termination of its collective bargaining agreement was unlawfully based on the union’s protected First Amendment activity and violated the Administrative Procedure Act.
Judge DuBose’s Ruling and Preliminary Injunction
U.S. District Judge Melissa DuBose granted a preliminary injunction on March 13, 2026, requiring the VA to reinstate the master collective bargaining agreement with AFGE/NVAC, as well as all local and mid-term agreements. Judge DuBose found that VA Secretary Doug Collins likely violated the First Amendment and the Administrative Procedure Act when he terminated the agreement, noting that Collins “favored some unions over others” by exempting certain unions from the executive order’s restrictions. The judge emphasized that her ruling was unambiguous and that compliance should not be delayed.
VA’s Compliance and Ongoing Disputes
While the VA restored the master collective bargaining agreement days after the court’s injunction, it has continued to deny benefits and workplace protections outlined in the contract to covered employees. AFGE/NVAC claims that over 300,000 VA employees are currently missing out on benefits such as parental depart and fair disciplinary procedures.
The VA, in a motion for clarification filed with the court, questioned whether it could re-terminate the collective bargaining agreement before its August 8, 2026, expiration and whether it was required to restore contracts for AFGE local chapters not directly involved in the lawsuit.
In response, attorneys representing AFGE argued that the VA’s actions are causing irreparable harm to employees and are a direct violation of the court’s order. Judge DuBose reiterated that reinstating the Master CBA means all covered parties continue to be covered by the contract until it is lawfully terminated or amended.
Concerns Over Implementation and Ongoing Litigation
The Office of Personnel Management (OPM) initially advised agencies to hold off on terminating labor contracts while legal challenges were pending, but later reversed course and advised agencies to proceed with amending or canceling their agreements. The legality of the original executive order remains under review by the Ninth Circuit Court of Appeals and the District of Columbia Court of Appeals. A Ninth Circuit panel previously ruled that the termination of collective bargaining agreements was not retaliatory.
AFGE NVAC President Mary-Jean Burke has accused the VA of violating the court order and stated the union is prepared to return to court to enforce its rights. The VA maintains that it is complying with the injunction while also adhering to the underlying executive order.
Looking Ahead
The dispute highlights the ongoing tension between the Biden administration’s stated support for unions and the lingering effects of the Trump administration’s policies. The VA has until the complete of Tuesday, March 31, 2026, to address AFGE’s concerns, with the union having until Thursday, April 2, 2026, to respond. The outcome of this case could have significant implications for collective bargaining rights for federal employees across the government.