VA Says Your Union Contract Expired. The Court Order It Cites Calls the Question "Unresolved."
The VA has told employees that their AFGE union contract has expired and that managers now follow VA policy alone. The appeals court order the VA is relying on says something different. It describes whether the contract automatically extended as an unresolved dispute.
What the First Circuit Actually Did
On October 2, 2026, the First Circuit gave the VA a stay. That is not a ruling that the contract ended. In August, Judge DuBose found that the VA's own notice to renegotiate triggered the contract's automatic-extension clause, so the contract kept running. The appeals court paused that order on jurisdiction alone: a trial judge cannot modify an injunction that is already on appeal.
The panel then wrote that "there remains an unresolved dispute between the parties as to whether their communications satisfied the CBA's automatic extension provision." AFGE Local 2305 v. VA, Nos. 26-1321 and 26-1904 (1st Cir. Oct. 2, 2026), at 7.
What the VA Did Next
On October 10, the VA told AFGE the contract is expired, and then told employees. According to that notice, managers now follow VA policy only on promotions, schedules, details, telework, and leave. Employees are not given a union representative in investigative interviews and cannot file grievances, unless they are police officers, firefighters, or security guards.
Why the March Injunction Still Matters
The March injunction, D.R.I. No. 1:25-cv-00583, is still in effect. The First Circuit refused to stay it in May. It orders the VA to keep the contract reinstated for the agreed-upon term. The only judge to decide what that term means said the contract extended, and she is the same judge who called the VA's last re-termination "blatant disrespect" for her order. If she is right, every change made under VA policy happened under a binding contract, inside a court order.
The Bigger Picture
The wider legal picture for federal unions is difficult. The Ninth Circuit let the executive order take effect, the D.C. Circuit has not ruled, and the FLRA has started dismissing cases from excluded agencies. The VA case is different because it is about how the VA ended one contract, and Judge DuBose found that was likely unlawful retaliation. Nobody has overruled her. None of this is final.
What VA Employees Can Do Now
- Save your documents today. Keep a copy of the 2023 Master Agreement and your local supplement.
- Keep a log. Record every change to your schedule, telework, detail, or leave, including the date, who ordered it, and what the contract article said. If you are denied a representative, write down who denied it. If this is reversed, that log is evidence.
- Know what did not change. Your right to respond to a proposed removal, to a representative of your choice, ten business days to appeal to the MSPB, and 45 days to contact an EEO counselor all come from statutes and regulations, not from the contract. See 38 U.S.C. § 714(c) (seven business days to respond, a representative of your choice through 5 U.S.C. § 7513(b)(3), and ten business days to appeal to the MSPB) and 29 C.F.R. § 1614.105. A VA announcement cannot expire a statute.
- Watch Congress. The Protect America's Workforce Act passed the House in December and has not passed the Senate.
If you were disciplined or denied a representative after the VA's announcement, the federal employee lawyers at Southworth PC can talk through your deadlines.
Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation.