VA Told the Court It Restored Our Contract. It Didn’t.

Two weeks ago, we published the news that a federal court had ordered the full restoration of our union contract. Management was required to comply immediately.

They said they did. They lied.

What the Court Ordered

On March 13, 2026, U.S. District Court Judge Melissa DuBose issued a preliminary injunction ordering the Department of Veterans Affairs to restore its collective bargaining agreement with AFGE’s National VA Council. The order was unambiguous: restore the Master Agreement, cover all employees, comply now.

What Is Actually Happening

Court documents tell a different story. A VA employee who gave birth asked to use her parental leave — guaranteed under our Master Agreement. Her supervisor told her: the union has not been reinstated, maternity leave cannot be extended, you will need to report to work as scheduled.

According to AFGE National President Everett Kelley, VA “has failed to reinstate a single one of our members’ rights” since the court order. More than 300,000 VA employees — including every bargaining unit employee at Hampton VA Medical Center — are being denied parental leave, fair disciplinary procedures, and other protections they are legally owed right now.

VA’s Legal Argument: Words Mean Nothing

VA’s Deputy Director of Labor-Management Relations issued an internal March 18 memo claiming the injunction doesn’t make the Federal Service Labor-Management Relations Statute broadly applicable to VA. In plain English: management is arguing that restoring the contract doesn’t mean they have to follow it.

Judge DuBose responded on March 24: “The court does not know how to state the order any more simply or directly.” Compliance “will not be delayed.” AFGE has asked the court to compel enforcement. A ruling could come as early as this week.

Your Rights Apply Right Now

If you are a bargaining unit employee at Hampton VA Medical Center:

• Weingarten rights — Union representation in any investigatory meeting that could lead to discipline. Ask before you answer.
• Parental leave — Additional unpaid leave for birth, adoption, or foster placement. Management cannot deny this.
• Fair discipline — Progressive discipline and due process under the Master Agreement apply now.
• Official time — Union officers and stewards are entitled to conduct representational activities on the clock.

If management tells you your contract rights don’t apply, contact us immediately. That denial is itself a violation.
📞 (757) 750-9086 | 📧 [email protected]

Sources: Federal News Network | Court documents via CourtListener

In solidarity, AFGE Local 2328 — Representing the employees of Hampton VA Medical Center