Attorneys for Federal Employees — Nationwide

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Today at a Glance

• A Veterans Affairs Legislation: A GOP package, the Take Care of America's Veterans Act, would reclassify thousands of VA psychologists into the Title 38 personnel system — narrowing their bargaining rights — and expand private-sector community care, drawing union opposition.

• Federal Labor Organizing: National Park Service employees across eight intermountain states voted 317-11 to join the National Treasury Employees Union, adding roughly 650 workers to the union amid a broader Park Service organizing push.

• Retirement and Annuity Overpayments: A new MSPB decision shows that when OPM's interim payments create an overpayment, retirees can challenge collection — and the Board will make OPM refund money it took after dropping its own case.

Top Stories:

1. GOP's VA Overhaul Bill Would Move Thousands of VA Psychologists to Title 38 — Narrowing Their Bargaining Rights

Source: Government Executive, June 16, 2026

TL;DR: House and Senate Republicans introduced the Take Care of America's Veterans Act (H.R. 9237 and S. 4744) in June, a package of more than 60 bills relating to the Department of Veterans Affairs. It folds in the bipartisan Major Richard Star Act (H.R. 2102), which would let combat-injured veterans who were medically retired early receive both military retirement pay and VA disability compensation, and it adds increases for severely disabled veterans and survivors of service members who died in the line of duty. The American Federation of Government Employees (AFGE) objects to a provision that would reclassify thousands of VA psychologists from the current hybrid Title 5/Title 38 system into Title 38 alone, which carries narrower collective-bargaining rights. The bill would also expand the Veterans Community Care Program, which unions describe as a step toward privatizing VA health care. Democrats and the Veterans of Foreign Wars say the benefit increases are offset by roughly $60 billion in cuts, including changes to how tinnitus and obstructive sleep apnea are rated — a rating change first proposed through regulation in 2022. The VA said no rating changes are planned or imminent and that it is still reviewing the proposal.

For federal employees, this means:

• If you are a VA psychologist or other clinical professional, a move to pure Title 38 would change which workplace matters you can bargain over and how adverse actions and appeals are handled — watch the bill's progress.

• Title 38 health-care employees already have narrower bargaining rights than Title 5 employees, the VA has read those limits broadly, and litigation over VA union rights is ongoing.

• Veterans who receive or are claiming disability compensation for tinnitus or sleep apnea should monitor whether the proposed rating changes advance, though the VA says none are imminent.

Legal Insight:

VA health-care professionals are appointed under Title 38 (38 U.S.C. §§ 7401–7402), and their right to bargain collectively is limited by 38 U.S.C. § 7422, which carves matters concerning or arising out of professional conduct or competence, peer review, and compensation out of bargaining. Moving VA psychologists from the hybrid Title 5/Title 38 system into pure Title 38 would subject them fully to those Section 7422 limits. The bill remains at the introduction stage, and the scope of VA bargaining is already being litigated. VA professionals weighing how reclassification could affect their bargaining and appeal rights should consult a federal employment attorney before any change takes effect.

2. National Park Service Employees Across Eight States Vote to Unionize with NTEU

Source: Federal News Network, June 19, 2026

TL;DR: Employees in the National Park Service's Intermountain Region voted 317-11 to be represented by the National Treasury Employees Union (NTEU), according to the union. The new bargaining unit covers roughly 650 employees who staff 87 parks across New Mexico, Texas, Oklahoma, Colorado, Utah, Wyoming, Arizona and Montana, including park rangers, scientists and administrative staff. The election was run by the Federal Labor Relations Authority (FLRA), the agency that conducts representation elections in the federal sector. The vote follows a wave of Park Service organizing over the past year, including roughly 600 Yosemite and Sequoia-Kings Canyon workers who joined the National Federation of Federal Employees (NFFE-IAM) in 2025. The result comes after a year that brought shutdown disruptions at some parks and reductions across the agency's workforce.

For federal employees, this means:

• Once the FLRA certifies the result, NTEU becomes the exclusive representative for the unit, and the agency must deal with it over conditions of employment within the limits of federal labor law.

• Employees in a newly certified unit gain union representation in grievances and other workplace matters, but should confirm whether and when a collective-bargaining agreement actually takes effect.

• A representation election is decided by the employees who cast ballots, so eligible employees who want a voice should learn the FLRA election process before any vote in their own workplace.

Legal Insight:
Federal employees have a statutory right to form, join, and assist a labor organization — or to refrain from doing so — under 5 U.S.C. § 7102, part of the Federal Service Labor-Management Relations Statute (5 U.S.C. Chapter 71). When a union wins a secret-ballot election, the FLRA certifies it as the exclusive representative under 5 U.S.C. § 7111, which obligates the agency to bargain in good faith over conditions of employment. These rights are set by statute and do not depend on an agency's preferences.

3. When OPM Overpays Your Annuity and Then Tries to Collect — A New MSPB Case Shows Retirees Can Push Back

Source: FedSmith.com, June 22, 2026

TL;DR: In McElwee v. Office of Personnel Management (MSPB Docket No. PH-0845-23-0221-I-1), decided June 16, 2026, the Merit Systems Protection Board (MSPB) addressed an annuity overpayment created by OPM's own interim payments. David McElwee, a former VA employee who retired in July 2022, received interim Federal Employees' Retirement System (FERS) payments and was later told he had been overpaid $3,728.75 when OPM finalized his annuity in January 2023. After he appealed to the Board, OPM rescinded its overpayment decision and asked that the appeal be dismissed, and an administrative judge dismissed it for lack of jurisdiction. McElwee petitioned the full Board, showing that OPM had kept collecting the debt even after rescinding its decision. The Board required OPM to prove it had restored him to his prior position; OPM documented that it refunded the $1,480.64 it had collected on May 21, 2025, and the case was closed. The decision is nonprecedential.

For federal employees, this means:

• Interim retirement payments are estimates (often 60–80% of the final annuity), so a later "overpayment" notice does not automatically mean the amount is correct — you can request reconsideration and appeal to the MSPB.

• If OPM says it has rescinded an overpayment decision, confirm that any money already withheld has actually been refunded; a rescission is not complete until you are restored to your prior financial position.

• These disputes can take years, so keep your retirement paperwork, payment records, and correspondence, and consider requesting a waiver if the error was OPM's and not yours.

Legal Insight:
OPM must waive recovery of a FERS overpayment when the annuitant is without fault and recovery would be against equity and good conscience, under 5 U.S.C. § 8470(b) and 5 C.F.R. Part 845, Subpart C; a retiree may request reconsideration and then appeal an OPM determination to the MSPB under 5 U.S.C. § 8461(e). Because McElwee is nonprecedential, it does not bind future cases, but it confirms that the Board will require OPM to refund amounts it collected after rescinding a decision. Overpayment notices carry strict deadlines for requesting reconsideration and appeal, so a retiree who receives one should act promptly and consider consulting a federal employment attorney.

Mindful Moment of the Day

The Approval Waiting Space 

Waiting for approvals can be its own kind of stress. A package may sit with a supervisor, counsel, HR, budget, or another office while deadlines keep moving closer. You may keep refreshing the tracker, rereading the same thread, or imagining blame landing on you. When you notice the checking loop, pause and breathe out slowly. Ask, “Is there anything useful I can do right now?” If yes, do that one thing. If no, document the status and return to another task. This practice helps you stop spending energy on a door that is not currently in your hands to open. 

In Case You Missed It

A few quick hits from our recent videos and posts:

The Federal Oath Is Not a Loyalty Pledge

FEHB Medical Records and OPM Privacy Risks

Black Women and Federal Workforce Losses

Screwworm Outbreak Shows Risk of USDA Staffing Cuts