Case Background
- On June 23, 2017, the VA Accountability and Whistleblower Protection Act of 2017 was signed into law. The Accountability Act created a new disciplinary authority for the Department of Veterans Affairs (VA) now codified at 38 U.S.C. §714 (Section 714). Despite demands from the AFGE National VA Council (NVAC) that VA bargain over Section 714, VA refused to do so and unilaterally implemented its new disciplinary authority.
- On August 1, 2017, NVAC filed a National Grievance alleging that VA violated the Federal Service Labor-Management Relations Statute by failing to satisfy its bargaining obligations before implementing Section 714.
- On November 20, 2019, the Federal Labor Relations Authority issued a decision finding that VA violated the law by failing to bargain in good faith with NVAC.
- On March 11, 2021, Arbitrator Hyman Cohen issued an arbitration award ordering VA and NVAC to “retroactively bargain” over Section 714 and that “any employee be made whole, who in any agreement reached by the parties, is determined to have suffered a loss of pay, benefits, allowances or differentials because of the Agency’s unlawful conduct.”
- On September 2, 2021 and July 30, 2022, NVAC filed unfair labor practice charges against the VA for failing to comply with the arbitration award and retroactively bargain in good faith with NVAC over the use of Section 714. The FLRA found merit in NVAC’s ULP charges and indicated that it would issue complaints against the VA.
- On November 16, 2022, VA and NVAC began confidential settlement discussions with the assistance of the FLRA Collaboration and Alternative Dispute Resolution Office. Settlement discussions continued for many months.
- On July 28, 2023, more than six years after the Accountability Act was signed into law, VA and NVAC executed a Settlement Agreement.
Overview of Settlement Agreement
- The Settlement Agreement provides relief to certain categories of employees adversely affected by the VA’s unlawful implementation of the disciplinary authority in Section 714. Those employees, known as “Eligible AFGE BUEs” under the Settlement Agreement, are entitled to certain relief based on the unique facts and circumstances of their case.
- In the coming months, VA will mail a “Employee Notification” to all Eligible AFGE BUEs. Those letters will outline the next steps in the process, including how they may opt-in to the Settlement Agreement to receive the agreed-upon form of relief. All Eligible AFGE BUEs must opt-in by submitting a signed “Remedy Election Form.”
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You MUST OPT-IN to the Settlement Agreement and submit any necessary information/documents before you can receive relief. Instructions for doing so will be included on the correspondence you receive from VA, including:
- Employee Notification: follow instructions to create an online account and receive subsequent information from VA by email. There will be a short delay (up to one week) before you receive an email from DocuSign with the Remedy Election Form.
- Remedy Election Form: follow instructions to opt-in or opt-out of the Settlement Agreement.
- Vendorization Form: follow instructions to receive electronic payment from VA, if eligible.
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- The Settlement Agreement is the only document that provides the exact terms and conditions applicable to the resolution of this case. You must submit all required information and documentation ELECTRONICALLY using the instructions provided by VA.
Questions
- VA is responsible for drafting the contents of the Employee Notifications and processing all Remedy Election Forms. AFGE is not involved in these processes.
- Each Employee Notification included a point of contact at the VISN or District level. Please refer to the “VISN Number” or “District Number” associated with your Employee Notification.
- You may then direct all questions and concerns to relevant VA point of contact from your VISN/District. All contact should be by email.
- Please review the following maps to determine which “VISN Number” or “District Number” applies to you: Veterans Health Administration (VHA) VISN, Veterans Benefits Administration (VBA) Districts, National Cemetery Administration (NCA) Districts.
- If you received an Employee Notification and Remedy Election Form for an Eligible AFGE BUE who is now DECEASED, please contact the relevant VA-HR point of contact for assistance. You can also review this guidance provided by VA for more information on how to submit paperwork on behalf of DECEASED EMPLOYEES.
Documents
In The News
- Biden administration to spend $100M-plus to restore jobs or offer payments to employees improperly fired
- VA, AFGE reach ‘historic’ settlement to reinstate, compensate thousands of wrongfully fired feds
- The FLRA Office of the General Counsel Announces Settlement of Significant Unfair Labor Practice Matters between the U.S. Department of Veterans Affairs and the American Federation of Government Employees’ National Veterans Affairs Council.
- VA and AFGE reach settlement agreement resolving litigation over discipline taken under the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017
- VA, Union Strike Deal To End Litigation Over Firings
- As VA, AFGE settle discipline battle, House and Senate start another
- VA Reaches Settlement over Past Discipline; Millions in Back Pay Possible
