In a significant win, a federal judge on Friday granted a motion filed by the AFGE National Veterans Affairs Council (AFGE/NVAC) to enforce a preliminary injunction order reinstating the collective bargaining contract covering more than 300,000 employees the union represents at the Department of Veterans Affairs.
In her order, U.S. District Court Judge Melissa DuBose directed the VA to explain by March 31 why its attempt to terminate our contract should not be considered in contempt of her March 13 preliminary injunction ordering the restoration of AFGE’s master collective bargaining agreement with the VA and all subsidiary agreements.
Judge DuBose’s injunction means that the VA has to restore collective bargaining rights afforded to VA employees while a lawsuit filed by AFGE/NVAC proceeds. That lawsuit challenges the Aug. 6, 2025, termination of our contract by VA Secretary Doug Collins. The judge granted the preliminary injunction because she rightly found that we are likely to prevail and because the plaintiffs will suffer irreparable harm in the absence of an injunction.
Judge DuBose did not buy the VA’s reasoning for terminating the CBA. It was clear to her that the VA’s decision was retaliatory and that it was punishing the union and its members for speaking up against this administration’s labor policies – an act protected by the First Amendment of the Constitution. Judge DuBose also found that the VA’s justifications for terminating the contract were not reasonable in nature, likely violating the Administrative Procedure Act.
More importantly, Judge DuBose recognized that real employees have been harmed since the Aug. 6 termination. It was evident to her that VA employees have lost their protections, voice, and representation and that this harm could not be easily fixed down the road. While Judge DuBose’s order clearly requires the VA to reinstate the contract through its duration, the VA asked the judge to clarify the scope of the injunction. Notwithstanding, the VA has made no genuine efforts to comply with the injunction so on March 20, AFGE/NVAC then filed a motion to enforce.
On the eve of the March 27 enforcement hearing, however, the VA attempted to re-terminate the contract once again. During the March 27 hearing, Judge DuBose made clear that there is a lawful process the VA must follow to do so, and that its unlawful re-termination reflects a “blatant disrespect for not just [the] Court’s order but for the rule of law.”
We are proud of AFGE/NVAC for holding the VA accountable and acting swiftly to protect the rights of AFGE members.
“VA workers did not choose this fight — the Trump administration brought it to them,” AFGE NVAC President Mary Jean “M.J.” Burke said. “VA employees come to work every day focused on one thing: serving veterans. They deserve a voice in their workplace. The judge’s consideration of contempt for the VA’s attempt to avoid compliance and disregard the Court’s order further demonstrates how little this administration cares for the frontline workers serving and protecting our veterans. The NVAC will not rest until every VA facility in this country is honoring our union contract.”
The ruling is a significant victory for the more than 300,000 VA employees represented by AFGE’s National VA Council and a sharp rebuke of the agency’s repeated attempts to strip workers of their voice at work.
“The VA told our members they had no union. They tried to strip away the contract that was won over decades of service by the nurses, housekeepers, claims processors and clinicians who show up every day to serve our nation’s veterans. And when a federal judge told them to stop, they tried to do it again mere hours before the hearing,” AFGE National President Everett Kelley said. “But AFGE is still here. We never went anywhere. And the court has made clear that the VA cannot ignore the law and our contract. Our members will not be silenced.”