In a unanimous decision, the U.S. Court of Appeals for the First Circuit kept the largest collective bargaining agreement covering Department of Veterans Affairs employees in place. This decision represents a major victory for the more than 320,000 nurses, housekeepers, social workers, cemetery caretakers, claims processors, and other dedicated civil servants represented by AFGE and its National Veterans Affairs Council (AFGE/NVAC).
On May 16, the three-judge panel of the First Circuit Court of Appeals denied the VA’s emergency motion to stay a district court’s preliminary injunction, which required the department to restore the union contract while AFGE/NVAC’s lawsuit proceeds. The First Circuit found that the VA had failed to make the strong legal showing required to justify a stay pending appeal.
The ruling is the latest development in a legal battle that began when VA Secretary Doug Collins terminated AFGE/NVAC’s Master Collective Bargaining Agreement on Aug. 6. On Nov. 4, AFGE/NVAC filed a lawsuit in the District of Rhode Island challenging the termination on constitutional and statutory grounds.
On March 13, U.S. District Court Judge Melissa DuBose granted our motion for a preliminary injunction, ordering the VA to immediately reinstate the master contract and all subsidiary agreements. Judge DuBose found that the VA’s termination was likely retaliation for the union’s speaking out against the Trump administration, which is a violation of our First Amendment rights. She also found the VA’s stated reasons for terminating the contract likely violated the Administrative Procedure Act and that both the union and our represented employees would suffer irreparable harm in the absence of a preliminary injunction.
On the eve of a court hearing over the VA’s failure to comply with the injunction, VA attempted to “re-terminate” the contract. Judge DuBose was unambiguous in her response. She promptly voided the re-termination. The VA then filed a motion for an emergency stay with the First Circuit, asking that court to stay Judge DuBose’s preliminary injunction order and her enforcement order pending its underlying appeal.
The three-judge panel refused to stay the preliminary injunction, saying that the defendants failed to show that the injunction was issued in error and have not made the required “strong showing” that they are likely to succeed in their legal challenge.
The VA’s March 26 attempt to “re-terminate” the master agreement, which Judge DuBose deemed unlawful, also remains void. The First Circuit did grant a partial stay on a narrow portion of the March 27 enforcement order that would have allowed the district court itself to directly enforce specific contract terms through its contempt power. That partial stay does not affect the substantive reinstatement of the master agreement or the VA’s obligation to recognize and comply with its terms.
The court ruling means that our contract remains in full force and that VA workers retain all of their negotiated rights while the case continues – including the right to union representation, official time, negotiated benefits, and protections in disciplinary proceedings. AFGE local unions should continue to file grievances and pursue arbitration over violations of the master agreement.
The VA has now tried twice to terminate our contract and has failed twice. The courts have consistently upheld what AFGE has argued from day one: this administration singled out our union for retaliation, and that violates the law.
“Every VA public servant who cares for a veteran depends on a workplace where they can do their job without fear of retaliation for exercising their rights. The decisions of Judge DuBose and the First Circuit make clear that the courts will hold the VA accountable. No one is above the law,” AFGE National Veterans Affairs Council President M.J. Burke said.
AFGE National President Everett Kelley echoed Burke’s comments.
“The VA’s claim that reinstating our contract would cause irreparable harm is a farce. The true irreparable harm was to AFGE members who saw their rights taken away — and we’re pleased to see the First Circuit upheld those rights while the legal process plays out,” Kelley said.
In a unanimous decision, the U.S. Court of Appeals for the First Circuit kept the largest collective bargaining agreement covering Department of Veterans Affairs employees in place.
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