Labor & Employment Law Daily Wrap Up, LABOR NEWS—AFGE asks judge to compel VA to comply with order restoring CBA, (Mar 23, 2026)

By Brandi O. Brown, J.D.

“The VA lost. The court ordered reinstatement of AFGE’s contract. Now, despite telling the court exactly what compliance would require, the VA is refusing to follow the court’s order and has failed to reinstate a single one of our members’ rights.”

The American Federation of Government Employees National Veterans Affairs Council (AFGE/NVAC), the largest union at the VA representing more than 320,000 employees, announced that it has filed a motion asking a federal district court judge in Rhode Island to compel the VA’s compliance with her March 13, 2026, decision ordering the restoration of AFGE’s master collective bargaining agreement with the VA and all subsidiary agreements.

Judge Melissa DuBose’s preliminary injunction ordered the VA to reinstate AFGE’s master CBA pending resolution of a lawsuit filed by the union challenging its termination by the VA Secretary. The court determined that the plaintiffs were likely to succeed on both their First Amendment retaliation and APA arbitrary-and-capricious claims, and that the VA’s claims that terminating the CBA was being done in the interest of operational efficiency did not align with an executive order citing national security concerns.

No efforts to reinstate. According to the union, however, in the time following that decision the VA has made “no genuine efforts to reinstate the contract.” AFGE/NVAC contends that it has made good faith attempts to discuss implementation, but the VA has refused to act. Moreover, they contend, the VA’s facilities across the country continue to ignore the court’s order and refuse to honor the contract, which is depriving employees of their rights to parental leave benefits, fair disciplinary procedures, grievance rights, and other protections.

“Secretary Collins loves to preach about accountability,” says National VA Council President Mary Jean Burke. “But when it’s senior leaders at VA Central Office refusing to comply with a federal court injunction for more than a week, Secretary Collins turns the other cheek. Why are the standards different for senior leaders? Because it was never about accountability. It’s about union busting, retaliation, and depriving employees of the hard-earned benefits of their union contract. We will not tolerate it. Veterans and their families receive the best care when VA employees have a voice in the workplace.”

“AFGE members took Secretary Collins and the VA to court to challenge the unlawful termination of their union contract,” explained AFGE National President Everett Kelley. “The VA protested, arguing that if they lost, they would have to restore rights and benefits for the people who care for our nation’s veterans. The VA lost. The court ordered reinstatement of AFGE’s contract. Now, despite telling the court exactly what compliance would require, the VA is refusing to follow the court’s order and has failed to reinstate a single one of our members’ rights. Secretary Collins cannot tell a federal judge one thing and then pretend he doesn’t understand what the ruling means. We are going back to court to hold the VA to its legal obligations.”

The case is No. 1:25-cv-00583-MRD-PAS.

News: LaborNews AgencyNews LitigationNewsTrends PublicEmployees