FOR IMMEDIATE RELEASE
May 18, 2026
May 18, 2026
- Tim Kauffman
- NVAC Communications
AFGE National VA Council Celebrates Appeals Court Decision Upholding Reinstatement of Its Union Contract
Categories:
VA
Appeals court denies VA’s request to reinstate termination of AFGE NVAC contract pending appeal
Today, the American Federation of Government Employees National Veterans Affairs Council (AFGE/NVAC), the largest union representing more than 320,000 employees at the Department of Veterans Affairs, celebrates the unanimous decision of the United States Court of Appeals for the First Circuit to uphold the reinstatement of the largest collective bargaining agreement of VA employees.
The VA filed a motion for an emergency stay with the First Circuit following a March 13 preliminary injunction that ordered the VA to reinstate AFGE/NVAC’s master collective bargaining agreement pending resolution of a lawsuit filed by AFGE/NVAC challenging its retaliatory termination by VA Secretary Doug Collins on August 6, 2025. The VA argued that it was likely to prevail on the merits of AFGE/NVAC’s constitutional and statutory claims, and further, that it would suffer “irreparable harm” by having to comply with the union contract while its appeal was adjudicated by the First Circuit.
In their decision denying the VA’s emergency motion to stay the preliminary injunction, the three-judge panel stated:
“[T]he defendants have not shown that the preliminary injunction likely was issued in error. Accordingly, we must separately account for the public's interest in the CBA – which is provided for and governed by federal law – being kept in place as a binding agreement until lawfully terminated.
“The defendants have not made the requisite ‘strong showing’ in their stay motion that they are likely to succeed in challenging the preliminary injunction in their pending appeal. Nor have they shown that staying that injunction in the interim would not cause substantial injury to the plaintiffs or the public.”
AFGE National VA Council President MJ Burke issued the following statement:
“Secretary Collins tried to silence VA public servants by tearing up our union contract. He failed. He tried again the night before a court hearing. He failed again.
“For nearly two months, the VA has tried every which way to get around complying with the preliminary injunction ordering them to restore union rights to more than 320,000 nurses, housekeepers, social workers, cemetery caretakers, claims processors, and so many others who are represented by AFGE/NVAC and show up every day to serve veterans.
“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 President Everett Kelley issued the following statement:
“The First Circuit’s ruling continues to hold this administration accountable for their illegal retaliation against VA workers for exercising their First Amendment rights.
“The VA clearly retaliated against our members when they ripped up our contract; we knew it, the VA knew it, and Judge DuBose knew it.
“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.”
AFGE/NVAC is represented in this litigation by Keker, Van Nest, & Peters, LLP, Zimmer, Citron & Clarke LLP, and the Law Office of Carly B. Iafrate, PC.
###
Click here to Donate to the AFGE Federal Employee Defense Fund.
For the latest AFGE news and information, visit the AFGE Media Center.
Follow us on:
