AFGE and its National Veterans Affairs Council are calling on a federal court to force the Department of Veterans Affairs to comply with a judge’s order restoring AFGE’s master collective bargaining agreement with the VA and all subsidiary agreements.
On March 13, U.S. District Court Judge Melissa DuBose issued a preliminary injunction ordering the VA to reinstate AFGE’s ratified contract pending resolution of a lawsuit filed by AFGE/NVAC challenging its termination by VA Secretary Doug Collins on Aug. 6, 2025.
Judge DuBose found that Secretary Collins and the VA likely violated the First Amendment and the Administrative Procedure Act by terminating the contract. Nevertheless, in the week since her decision was issued, the VA has made no genuine efforts to reinstate the contract. So on March 20, AFGE and the NVAC filed a motion asking the judge to compel the VA’s compliance with her order.
National VA Council President Mary Jean “MJ” Burke said the VA is quick to hold front-line employees accountable for perceived infractions yet refuses to comply when the shoe is on the other foot.
“Why are the standards different for senior leaders? Because it was never about accountability. It’s about union busting, retaliation, and depriving employees of the hard-earned benefits of their union contract. We will not tolerate it,” Burke said. “Veterans and their families receive the best care when VA employees have a voice in the workplace. That voice is their union. We are taking the VA back to court to do what’s right. Our members are counting on us, and NVAC will not let them down.”
AFGE and NVAC have made good faith attempts to discuss implementation of the court order, but the VA has refused to act. VA facilities across the country continue to ignore the court’s order and refuse to honor the contract, depriving employees of their rights to parental leave benefits, fair disciplinary procedures, grievance rights, and other protections that enable VA employees to serve America’s veterans.
“The court ordered reinstatement of AFGE’s contract. Now, despite telling the court exactly what compliance would require, the VA is refusing to follow the court’s order and has failed to reinstate a single one of our members’ rights,” AFGE National President Everett Kelley said. “Secretary Collins cannot tell a federal judge one thing and then pretend he doesn’t understand what the ruling means. We are going back to court to hold the VA to its legal obligations.”
AFGE and NVAC are represented in this litigation by Keker, Van Nest, & Peters, LLP and the Law Office of Carly B. Iafrate, PC.