Attorneys for Federal Employees — Nationwide

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Today at a Glance

• TSA Pay Is Resuming Monday — But the DHS Shutdown Is Not Over: President Trump signed a directive ordering DHS to resume pay for TSA employees, citing a national security emergency. The Senate passed a partial DHS funding deal Friday. The House passed a different bill. The two versions have not been reconciled, and Congress is on Easter recess. The shutdown itself continues.
• A Federal Judge Threatened the VA With Contempt of Court After It Terminated Its Union Contract — Again: The VA terminated AFGE’s collective bargaining agreement a second time, on the eve of a court hearing on its failure to comply with an order to reinstate it. The judge called it a “blatant disrespect” for the rule of law, gave the VA until tomorrow to explain itself, and scheduled a contempt hearing for April 3.
• The Federal Labor Relations Authority Just Handed Political Appointees Direct Control Over Federal Union Elections: A new FLRA rule effective April 23 eliminates 43 years of precedent, replacing career regional directors with politically appointed board members at the front end of union representation decisions — with no prior public comment period.

Top Stories:

1. TSA Pay Is Resuming — But the DHS Shutdown Is Still Not Over, and Congress Left for Easter Recess Without Finishing the Job

Source: FedSmith — March 28, 2026

TL;DR: On Friday, the Senate passed a bill funding most of DHS through September, excluding ICE and parts of CBP. That same night, the House passed a different bill funding DHS through May 22. The two versions are not reconciled — and Congress left for Easter recess without resolving the difference. Separately, President Trump signed a directive ordering DHS to resume pay for TSA employees, framing airport security delays as a national security emergency. DHS said TSA employees should begin seeing back pay processed as early as Monday, March 30. Some AFGE sources reported that only two full missed March paychecks appear to be processing — not the partial pay owed from late February. TSA employees have missed more than $1 billion in pay since February 14.

For federal employees, this means:

• If you are a TSA employee, back pay is being processed — but confirm what you actually receive. Reports suggest the partial February paycheck shortfall may not be included in the initial payment. Document any discrepancy in writing.
• The DHS shutdown itself has not legally ended. The Senate and House passed different bills. Until those versions are reconciled and signed into law, the funding lapse continues to affect other DHS components beyond TSA.
• Congress is on Easter recess until mid-April. The shutdown that started February 14 has now lasted more than six weeks — the longest single-agency shutdown in recent history — and the final resolution is still not complete.

Legal Insight:

The Government Employee Fair Treatment Act of 2019 guarantees back pay for all employees who worked or were furloughed during a lapse in appropriations. That guarantee is automatic once funding is restored — but it does not guarantee completeness or timeliness of the initial payment. If your back pay calculation appears incorrect when it arrives, document the discrepancy immediately in writing, contact your payroll office, and retain records of your timesheets and any agency communications about your pay status during the shutdown. Errors in shutdown back pay calculations are not uncommon and are correctable, but you will need documentation to pursue a correction. Because payroll disputes can involve additional deadlines depending on the specific claim, consider talking with your union and a qualified federal employment attorney if a discrepancy is not resolved promptly.

2. Federal Judge Threatens VA With Contempt After It Terminated Its Union Contract a Second Time — Hours Before a Court Hearing

Source: Government Executive — March 27, 2026

TL;DR: On the eve of Friday’s court hearing — in an after-hours filing Thursday night — the VA issued a new memo re-terminating AFGE’s collective bargaining agreement covering more than 300,000 employees, despite a March 13 preliminary injunction ordering it reinstated. At Friday’s hearing, U.S. District Judge Melissa DuBose called the VA’s move a “blatant disrespect for not just this court’s order but for the rule of law.” She issued a new enforcement order requiring the VA to immediately notify all covered employees that the contract is in effect “in both form and substance,” required proof of compliance, gave the VA until tomorrow — Tuesday, March 31 — to explain why she should not hold the agency in contempt, and scheduled a contempt hearing for April 3. In a separate order, she also blocked the VA from canceling contracts with seven additional unions covering approximately 2,800 employees.

For federal employees, this means:

•  If you are a VA employee covered by AFGE’s National VA Council contract, a federal court has now said twice — in writing — that your contract is in effect. The VA has been ordered to notify you directly. If your supervisor or HR office tells you otherwise, that denial is potentially itself a violation of the court’s order.
• Your Weingarten rights, parental leave rights, progressive discipline protections, and grievance rights under the master CBA are all in effect. Document any instance in which management denies these rights, note the date, the supervisor, and what was said, and report it to your union steward immediately.
• A contempt hearing is scheduled for April 3. Contempt of court findings can carry significant consequences for a federal agency and its leadership. This case is not over — and the court is watching.

Legal Insight:
When a federal agency violates a court order, the affected employees may have remedies beyond what the contract itself provides. Contempt proceedings can result in fines, sanctions, and court-ordered compliance measures that go beyond the original injunction. For VA employees who have already suffered concrete harm from the VA’s non-compliance — a disciplinary action without union representation, a denied parental leave benefit, a refused grievance — those specific harms may be separately actionable. Document everything with dates. Contact your union steward today. Because the legal situation at the VA is actively evolving and the remedies available to you depend on the specific facts of each incident, consider talking with a qualified federal employment attorney about your individual situation.

3. The Federal Labor Relations Authority Just Gave Political Appointees Direct Control Over Federal Union Elections — Overturning 43 Years of Precedent

Source: Government Executive — March 26, 2026

TL;DR: The Federal Labor Relations Authority issued a pair of interim final rules that will take effect April 23, replacing 43 years of established practice by moving political appointees — the FLRA’s three-member board — into front-end decisions on union elections, bargaining unit composition, and union certification. Since 1983, those decisions were handled primarily by career regional directors, with the board only weighing in on appeal. The sole Democratic member dissented, warning that a change of this magnitude should have gone through a public comment process before taking effect. The FLRA is also reviewing whether to similarly restructure how it handles unfair labor practice cases.

For federal employees, this means:

• If your agency is in the middle of a union election, a decertification petition, or a bargaining unit clarification proceeding, that process will now involve political appointees from the outset, beginning April 23.
• The elimination of the two-step career-then-appeal structure also eliminates your right to appeal a regional director’s initial decision up to the full board — because the board will now be involved from the beginning. That structural change reduces your procedural options in representational disputes.
• This rule was issued without a public comment period. The FLRA justified it as an “interim final rule,” but the sole Democratic member called it the biggest change to FLRA representation case processing in 43 years and said stakeholders deserved the opportunity to weigh in before it took effect.

Legal Insight:
Federal employees and their unions have rights in representational proceedings under the Federal Service Labor-Management Relations Statute, 5 U.S.C. Chapter 71. Those rights include the right to petition for a union election, to participate in bargaining unit clarification proceedings, and to challenge agency decisions that improperly exclude employees from a bargaining unit. The new FLRA rule changes who makes the initial decision in those proceedings — but it does not eliminate the underlying statutory rights. If you are currently involved in a pending representational matter, confirm with your union how the new rule will affect the timeline and procedures in your specific case. Because representational proceedings have their own filing deadlines and procedural requirements, consider talking with your union and a qualified federal employment attorney about how this change affects your situation.

Legal Tip of the Day

When You Receive a Proposed Suspension or Removal 

A proposed action is not the final decision—but it is a critical moment. What is submitted in response can significantly influence the outcome. Read the proposal carefully and note the deadline to respond. Gather documents, identify inconsistencies, and consider how to present your side clearly. Avoid responding emotionally, even if the situation feels personal. Our firm can help structure an effective response and protect your position. 

In Case You Missed It

A few quick hits from our recent videos and posts:

TSA Back Pay and Federal Workers’ Rights

VA Union Contract Reinstatement: Legal Fallout

Can Courts Void DOGE Actions Under the Appointments Clause?

Need Help with Discipline or Performance?