FOR IMMEDIATE RELEASE
July 28, 2026
July 28, 2026
Contact:
Tim Kauffman
202-374-6491
[email protected]
AFGE National VA Council Urges Judge to Enforce Order Reinstating Contract
Categories:
VA
VA intends to violate contract’s rollover clause in yet another attempt to gut federal government’s largest collective bargaining agreement
PROVIDENCE, R.I. – The American Federation of Government Employees National Veterans Affairs Council (AFGE/NVAC), the largest union at the Department of Veterans Affairs (VA) representing more than 320,000 employees, today filed a motion asking U.S. District Court Judge Melissa DuBose to enforce her March 13 preliminary injunction ordering the restoration of AFGE’s master collective bargaining agreement with the VA. The motion was filed after VA announced its latest plan to “re-terminate” the union contract on Aug. 8.
Judge DuBose’s preliminary injunction ordered the VA to reinstate AFGE’s master collective bargaining agreement 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.
On May 19, the VA notified AFGE/NVAC of its intention to renegotiate the master collective bargaining agreement. Like many union contracts, the master CBA includes a continuance provision, which clearly states, “If renegotiation of an Agreement is in progress but not completed upon the terminal date of this Agreement, this Agreement will be automatically extended until a new agreement is negotiated.” Despite this clear language, the VA now intends to “re-terminate” the master CBA on August 8.
This is not the first time that the VA sought to “re-terminate” the master CBA in violation of Judge DuBose’s preliminary injunction. On March 27, Judge DuBose found that the VA’s March 26 attempt to re-terminate the master CBA violated the court’s orders. The VA later sought an emergency stay of these orders pending appeal, but a unanimous panel of the First Circuit Court of Appeals denied that request on May 16.
AFGE/NVAC requested that Judge DuBose order expedited briefing on its motion and is confident that it will defeat the VA’s latest attempts to violate the court’s orders.
AFGE National VA Council President MJ Burke issued the following statement:
“AFGE/NVAC has proven that when we stand united as one union, nothing can stand against us. Today is no exception. The VA has repeatedly tried to damage our reputation, strip away employee protections, and bust our union. And for what reason? Simply because we have used our voices to oppose anti-worker policies that harm VA employees and the veterans we serve.
“When they terminated our CBA, NVAC fought it every step of the way. After Judge DuBose granted a preliminary injunction ordering the VA to reinstate our CBA, how did they respond? The VA tried, and failed, to ‘re-terminate’ the CBA. Then they asked the First Circuit for an emergency stay of Judge DuBose’s orders. That request was unanimously denied.
“Instead of negotiating in good faith with NVAC over a successor CBA, VA now intends to ‘re-terminate’ the CBA. AFGE/NVAC will not tolerate it. No one is above the law.”
AFGE National President Everett Kelley issued the following statement:
“The VA has tried time and time again to gut our contract, and time and time again the court has stepped in to prevent it. Now it’s attempting to violate not only the court’s injunction but decades of legal precedent that calls for union contracts to remain in place and enforced while negotiations proceed on any updates. The VA’s callous disregard for the law and for their own workers’ wellbeing is beyond the pale, and we will continue fighting this administration’s anti-union and anti-worker policies at every step.”
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.
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