Federal Court Keeps Our Contract in Place — What It Means for Hampton VAMC Employees

A federal appeals court has delivered a clear message to the Department of Veterans Affairs: the union contract protecting more than 320,000 VA employees — including our members here at Hampton VA Healthcare System — stays in place.

On Monday, a three-judge panel of the First Circuit Court of Appeals unanimously refused to block a lower court’s order requiring the VA to restore its collective bargaining agreement with the American Federation of Government Employees (AFGE). The ruling means VA management cannot continue stripping away your rights under the Master Collective Bargaining Agreement (MCBA) while the legal fight plays out.

How We Got Here

In March 2025, President Trump signed an executive order eliminating collective bargaining at more than 20 federal agencies — including the VA. A second executive order in August 2025 extended those cuts further. The administration argued that VA employees fall under a national security exemption in the 1978 Federal Service Labor-Management Relations Statute.

AFGE challenged those orders in court. A federal judge in Rhode Island — U.S. District Court Judge Melissa DuBose — sided with union members, issuing a preliminary injunction in March 2026 ordering the VA to restore the contract. VA initially said it complied, but then continued denying workers their contractual benefits. In April, Judge DuBose issued an enforcement order calling VA’s defiance “blatant disrespect” for her ruling — and requiring the agreement to remain “applicable and binding in both form and substance.”

The VA appealed. This week, the First Circuit said no.

What the Court Said

The three-judge panel, led by Chief Judge David J. Barron, ruled that the VA had not shown the preliminary injunction was issued in error, and that overturning it would cause “substantial injury to the plaintiffs or the public.”

The court was explicit: the contract “shall remain applicable and binding” for all covered employees “until it is terminated or amended in a lawful manner.” The judges rejected the idea that the administration could “reinstate” the contract in name only while ignoring its substance — calling such an interpretation meaningless.

The court did partially limit the scope of Judge DuBose’s enforcement order regarding ongoing grievances and arbitrations, but the core ruling — that your collective bargaining agreement is in force — stands.

AFGE National VA Council President MJ Burke put it plainly: “The courts will hold the VA accountable. No one is above the law.”

AFGE National President Everett Kelley added: “The true irreparable harm was to AFGE members who saw their rights taken away — and we’re pleased to see the First Circuit upheld those rights.”

What This Means for You at Hampton VAMC

Your rights under the Master Collective Bargaining Agreement remain in effect. That means:

• Grievance and arbitration rights are protected — if management violates the contract, you can file.
• Leave, scheduling, and workplace protections under the MCBA continue to apply.
• Official time for union activities is covered.
• Management cannot use the Trump executive orders as an excuse to deny your contractual rights while this litigation is pending.

This is not the end of the legal fight — the underlying case continues, and related appeals are still pending before the Ninth Circuit and D.C. Circuit. But for now, the contract holds.

What You Can Do

• Know your rights. If your supervisor or management tells you that the contract no longer applies, contact your steward immediately.
• File a grievance if you’ve been denied benefits or protections that were in place before the executive orders. Deadlines matter — don’t wait.
• Contact the union office with questions: Building 135, Room AG14, Hampton VAMC — or reach us at (757) 291-8922.

If you’re not yet a member, this is exactly why union membership matters. Join at join.afge.org/L2328.

Sources

• Federal News Network — Federal appeals court keeps union contract for 300K VA employees in place amid lawsuit

In solidarity, AFGE Local 2328 — Representing the employees of Hampton VA Healthcare System