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Today at a Glance
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VA Union Contract Survives: A federal judge blocked the VA’s third attempt to end its AFGE master agreement on the eve of the contract’s August 8 expiration date, ruling the department’s move was “in direct contravention” of her earlier orders. The contract remains in effect.
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New Leaders for MSPB, OSC, and FLRA: The Senate confirmed a slate of nominees on a 51-47 party-line vote Friday, including a new MSPB chairman, a Senate-confirmed Special Counsel, and an FLRA general counsel — the officials who lead the forums that decide federal employees’ cases.
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Shutdown Patch Advances: The Senate passed a continuing resolution 90-6 early Saturday to fund the government through December 11, but the House does not return until September — so the September 30 funding deadline is not fully resolved yet.
Top Stories:
1. A Federal Judge Blocks the VA’s Third Attempt to Cancel Its Union Contract — the Agreement Did Not Expire August 8
Source: Government Executive, August 7, 2026
TL;DR: On Friday, August 7 — one day before the VA’s master agreement with the American Federation of Government Employees (AFGE) was scheduled to expire by its own terms — U.S. District Judge Melissa DuBose in Rhode Island granted the union’s motion to enforce her preliminary injunction, blocking the department’s third attempt this year to end the contract. In a three-page order, Judge DuBose wrote that the VA’s latest effort was “in direct contravention” of her prior orders. The VA had argued it could terminate the agreement on August 8 because the union failed to begin negotiations within 30 days of the department’s request to renegotiate; the judge called that position “not well-taken,” writing that the record is “chock full of correspondence between the parties directly related to the defendants’ notice of intent to renegotiate the master CBA (rather than allow it to auto-renew as is on August 8).” AFGE’s position is that the VA’s own request to reopen negotiations triggered the contract’s rollover clause, which extends the agreement until a successor contract is reached. The dispute traces back to the March 2025 executive order (E.O. 14251) that excluded the VA and many other agencies from collective bargaining on national security grounds: the VA first terminated the contract in August 2025, Judge DuBose enjoined that move in March 2026 after finding likely First Amendment and Administrative Procedure Act violations, a second termination attempt drew a contempt warning, and a federal appeals court upheld most of the injunction in May. AFGE National VA Council President Mary Jean Burke said the ruling is proof that “the law sides with AFGE/NVAC.” Government Executive’s earlier reporting puts the number of employees covered by the master agreement at more than 300,000.
For federal employees, this means:
- If you are in a VA bargaining unit, the master agreement remains in effect — its grievance procedures, representation rights, and arbitration provisions continue to apply unless a court says otherwise or a successor agreement replaces it.
- Contract deadlines still run. If you have a pending grievance or are facing discipline, the agreement’s time limits did not pause for this litigation — file on time and confirm your deadlines with your local.
- Expect continued litigation. Keep copies of any agency notices about the contract’s status, and route representation questions through your steward or the National VA Council.
Legal Insight. The Federal Service Labor-Management Relations Statute, 5 U.S.C. §§ 7101-7135, gives most federal employees the right to organize and bargain collectively, and 5 U.S.C. § 7103(b)(1) lets the President exclude agencies from coverage on national security grounds — the authority the March 2025 executive order claimed. Judge DuBose’s injunction rests on findings that the VA’s terminations likely violated the First Amendment and the Administrative Procedure Act, and her latest order holds the VA to the contract’s own automatic-renewal terms. Separate from the union fight, an employee facing a proposed removal or suspension keeps individual rights under 5 U.S.C. § 7513, including the right to appeal to the Merit Systems Protection Board (MSPB). If you are facing discipline while the contract’s status is being contested, consult your union representative or a federal employment attorney about which channel — the grievance procedure or an MSPB appeal — best protects you.
2. The Senate Confirms New Leaders for the MSPB, OSC, and FLRA — the Forums That Decide Federal Employees’ Cases
Source: Government Executive, August 7, 2026
TL;DR: The Senate on Friday confirmed a slate of executive branch nominees in a single 51-47 party-line vote, filling several posts that directly affect federal employees’ legal rights. James Woodruff, a Republican member of the Merit Systems Protection Board since October 2025, is now the Board’s chairman, taking over from fellow Republican member Henry Kerner, who had been serving as acting chairman. Charles Baldis was confirmed as Special Counsel — the head of the Office of Special Counsel (OSC), which investigates prohibited personnel practices and whistleblower retaliation; Baldis has effectively run the agency since spring 2025, after the removal of Special Counsel Hampton Dellinger before the end of his five-year term and the withdrawal of the administration’s first nominee. Charlton Allen was confirmed as general counsel of the Federal Labor Relations Authority (FLRA) over opposition from federal employee unions, which cited his lack of labor-relations experience and a 2012 statement that public employees should not be allowed to unionize; Government Executive reports a backlog of hundreds of cases piled up at the FLRA while it lacked a Senate-confirmed general counsel. The same vote confirmed Don Berthiaume — a career inspector general official who told senators that “whistleblowers are not abstractions” — as Justice Department inspector general, Cameron Hamilton as FEMA administrator, and Hal Duncan as deputy director of the Office of Management and Budget. For context, the MSPB is designed for three members with no more than two from one party; Democratic member Cathy Harris was fired in 2025, and the Supreme Court’s June 2026 decision in Trump v. Slaughter held that the President may remove members of independent boards without cause.
For federal employees, this means:
- Your appeal rights and deadlines did not change. An MSPB appeal is still generally due within 30 days of the effective date of an appealable action (5 C.F.R. § 1201.22(b)), and OSC complaint channels remain open and unchanged.
- A confirmed FLRA general counsel matters if you or your union have an unfair labor practice charge pending — the general counsel is the official who investigates and prosecutes those complaints, so long-stalled charges may finally start moving.
- Watch how the new MSPB chairman shapes Board operations. Separately finalized OPM rules would move some appeals (probationary, suitability, and RIF-related) from the Board to OPM starting in early September, and Board leadership will influence how that transition plays out in practice.
Legal Insight. The MSPB chairman is appointed by the President from among the Board’s members, by and with the advice and consent of the Senate (5 U.S.C. § 1203(a)); the Special Counsel serves a five-year term under 5 U.S.C. § 1211(b); and the FLRA general counsel, who investigates and prosecutes unfair labor practice complaints, is confirmed under 5 U.S.C. § 7104(f). None of Friday’s confirmations changes the deadlines that protect your rights — but those deadlines are short, and a whistleblower retaliation complaint to OSC under 5 U.S.C. § 1214, while not subject to a fixed statute of limitations, gets harder to prove with time. If you have a matter pending before any of these agencies, or a stalled FLRA charge, this is a good moment to check its status with your representative or consult a federal employment attorney.
3. The Senate Passes a Funding Patch Through December 11 — the House Vote Waits Until September
Source: Roll Call, August 8, 2026
TL;DR: The Senate passed a bipartisan continuing resolution 90-6 early Saturday morning, extending current government funding through December 11 and giving lawmakers about ten extra weeks to finish full-year fiscal 2027 appropriations bills. The bill is not law yet: the House, which passed its own narrower extension in July, does not return until the first week of September and must still act before the fiscal year ends September 30. Roll Call reports the funding patch is unlikely to have difficulty in the House after the lopsided Senate vote, though the House could seek changes when it returns. Unlike the House version, the Senate bill blocks — until December 11 — a proposed rule that would require senior political appointees to approve federal grants, a provision Senate Appropriations Chair Susan Collins and Democrats pressed for. Final passage followed a days-long dispute over a separate provision delaying a ban on THC-infused hemp products, and the same timing agreement cleared the way for a set of confirmation votes before the Senate left for its August recess. Democrats also said the bill closes a loophole that would have allowed additional funding transfers to the Border Patrol.
For federal employees, this means:
- Nothing is final until the House passes the same bill and the President signs it. September 30 remains the legal funding deadline, so watch the first two weeks of September closely.
- If a lapse ever occurs, the law guarantees retroactive pay for both furloughed and excepted employees once funding resumes — but it does not prevent missed paychecks while a lapse lasts, so build a cushion if you can.
- A continuing resolution holds funding at current levels; it does not decide the January 2027 pay raise. The separate deadline to watch is August 31 — if the President does not transmit an alternative pay plan to Congress by then, the statutory formula adjustments under 5 U.S.C. § 5303 take effect by default.
Legal Insight. Under the Antideficiency Act, 31 U.S.C. §§ 1341-1342, agencies generally may not obligate funds or accept voluntary services once appropriations lapse — that prohibition is the legal engine of a shutdown. The Government Employee Fair Treatment Act of 2019, 31 U.S.C. § 1341(c), requires agencies to pay furloughed and excepted employees retroactively at the earliest date possible after any lapse ends. On the 2027 raise, 5 U.S.C. § 5303(b) requires the President to transmit any alternative pay plan to Congress before September 1, so expect a definitive signal on next year’s pay within the next three weeks.
Legal Tip of the Day
When Things Change After Medical Leave
Returning from medical leave can be difficult if your duties, rating, schedule, telework, supervisor relationship, or assignments suddenly change. Keep copies of leave approvals, return-to-work notes, restrictions, accommodation requests, and emails showing what changed after your return. Ask for explanations in writing if duties are removed, expectations shift, or you are told you can no longer use arrangements that were previously approved. Do not assume every change is unlawful, but do not ignore a pattern that begins immediately after medical leave. Documentation may be especially important if retaliation, disability discrimination, or accommodation issues later arise.
In Case You Missed It
A few quick hits from our recent posts:
September 2: OPM Starts Deciding Appeals About Its Own Rules
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GAO Audited DOGE’s Wall of Receipts. The Numbers Did Not Hold Up.
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Under Investigation as a Federal Employee? What to Do First
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Need Help with Discipline or Performance?
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OPM/FERS disability retirement applications (flat‑fee full‑service assistance)
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Disclaimer:
This briefing is for general informational purposes only and does not constitute legal advice or create an attorney‑client relationship. Federal employment law is fact‑specific and time‑sensitive; you should consult a qualified attorney about your own situation and deadlines. Past results do not guarantee future outcomes.
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