VA Union Purge: What the Directive Means for You
federal employment mindfulness at work mspb appeals unfair labor practice va union rights Aug 07, 2025On August 6, 2025, the Department of Veterans Affairs (VA) issued a sweeping order that voided every collective-bargaining agreement (CBA) covering its workforce—except for roughly 4,000 police, firefighters, and security guards. For the remaining 377,000 caregivers and support staff, this means:
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No bargaining, grievances, or arbitration—regardless of pending cases or contract language.
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Managers directed to bypass the Federal Service Labor-Management Relations Statute, the CBAs, and even existing grievance awards.
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Immediate end to official time for union representatives, with orders to vacate office space and return equipment by August 12.
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Direct discipline under VA Handbooks 5013 and 5021 without the procedural guardrails your contract once provided.
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Termination of new union dues deductions for those stripped of coverage.
The bottom line: workplace protections that once ensured fair discipline, manageable workloads, and whistleblower safeguards were dismantled overnight.
Why This Move May Not Hold Up Legally
The VA’s unilateral contract termination fits squarely within the definition of an unfair labor practice under 5 U.S.C. § 7116(a)(5)—refusing to bargain in good faith. It also appears to contradict the Office of Personnel Management’s April 2025 guidance and prior Department of Justice representations to federal judges that agencies would refrain from such actions while litigation was ongoing.
These contradictions create multiple legal vulnerabilities for the VA, including:
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Injunctions to halt the policy while courts review its legality.
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Possible sanctions for defying court-related assurances.
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Enhanced First Amendment retaliation claims—especially since the action strips unions of dues and office space while they’re actively litigating in the Ninth Circuit.
This is more than a labor dispute; it’s a potential constitutional fight.
Your Immediate Action Plan
If you work at the VA and are now without union coverage, you still have tools—if you use them quickly and strategically:
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Document everything. Save emails, memos, and directives showing managers skipping contract procedures. This evidence could be critical for MSPB appeals, EEO complaints, or unfair-labor-practice filings.
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Read any discipline carefully. Note deadlines for responses or appeals; missing even one date can cost you your case.
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Engage your elected officials. Advocacy tools like the Resist.bot service (text RESIST to 50409) can help you press Congress to restore bargaining rights.
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Share accurate information. Many colleagues may not yet understand the scope of this change.
Mindfully, this is a moment to stay grounded. Reactionary moves—whether resigning in anger or confronting a supervisor—can jeopardize your legal position. Breathe, plan, and proceed with intention.
Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.
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