The American Federation of Government Employees pushes back, arguing the ruling does not authorize VA to terminate the agreement.
Drew Friedman
The Department of Veterans Affairs is once again pushing to end its collective bargaining agreement with the American Federation of Government Employees.
On Oct. 8, VA officials revised the agency’s collective bargaining guidelines to indicate that the national AFGE agreement “no longer applies” to most employees in the bargaining unit, according to internal documents viewed by Federal News Network.
The VA update comes after a federal appeals court on Oct. 2 granted VA’s request to stay an order that upheld the contract with AFGE. The collective agreement with the AFGE National VA Council covers more than 320,000 VA employees.
The VA guidance cites President Donald Trump’s initial executive order, the contract’s August expiration date and the October appeals court ruling as justification for terminating the collective bargaining agreement.
Negotiations, grievance and arbitration procedures, access to offices for union activities and other contract provisions covering VA bargaining unit employees “shall cease immediately,” VA wrote in its revised guidance.
Employees must return all government equipment and resources used for union activities no later than Oct. 22, VA said. Only police officers, firefighters and security guards are exempt from contract termination.
VA informed AFGE on October 10 that the agency now considers the collective bargaining agreement to have officially expired.
“AFGE vehemently opposes the VA’s latest attack on federal workers, a third of whom are veterans themselves,” AFGE said in an October 13 article.
VA first announced in August 2025 that it was terminating most of its union contracts, following an executive order to eliminate collective bargaining in most executive branch agencies for “national security” reasons. Unions moved quickly to challenge VA in court over contract cancellations.
In March, a federal judge issued a preliminary injunction ordering VA to reinstate its agreement with AFGE. But as the litigation progressed, the dispute between AFGE and VA resulted in the cancellation and reinstatement of several rounds of agreement.
While the agreement between VA and AFGE was set to expire on August 8, the same federal judge on August 7 ordered VA to keep the contract in effect, ruling that AFGE had met the requirements to trigger an automatic extension of the current agreement while negotiations for a new one were underway.
But a three-judge appeals court panel determined Oct. 2 that the court’s August order raised “substantial” new questions regarding the interpretation of the AFGE collective bargaining agreement, going beyond the scope of the initial March preliminary injunction.
The original March injunction remains in effect, but the Oct. 2 suspension decision became the basis for VA’s latest decision to once again move forward with terminating its agreement with AFGE. A VA spokesperson declined to comment for this story, saying the agency does not comment on pending litigation.
The appeals court’s decision “did not sanction the VA’s interpretation of the agreement duration section, nor did it give the VA authority to terminate the CBA,” AFGE said.
The ongoing lawsuit over voiding VA’s union contract is one of several challenges to the Trump administration’s efforts to end collective bargaining. The Federal Bureau of Prisons also terminated its agreement with AFGE this month, days after a federal judge ordered it restored.
AFGE is committed to continuing the fight to have its collective agreement with VA recognized by the agency.
“Our fight is far from over. We will take all measures to defend our contract and the rule of law,” the union said. “The court did not rule on the underlying issue in this case, whether VA Secretary Doug Collins has the right to deny more than 300,000 VA employees their voice on the job.”
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