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VA’s August 7, 2025, Union-Busting Notice on EO 14251
On August 7, 2025, VA told thousands of employees they are “no longer represented” by their unions and that collective bargaining agreements (CBAs) are “terminated.” This is misleading and legally inaccurate.
You are still represented by NFFE until and unless the Federal Labor Relations Authority (FLRA) says otherwise. VA cannot unilaterally erase your union or bargaining unit status.
Know Your Rights (Right Now):
You can still join the union and pay dues – this helps us to fight the legal battles and advocate in congress and can be done by signing up at https://nffe.org/e-dues/
You can talk to your union reps– management cannot restrict lawful communication. To protect yourself, please use non-VA devices for union communications and ensure such contact occurs on personal time.
Contact Your NFFE Local 1 representatives to report violations & get representation
Use the form linked above (also linked on website main page) to report an issue, get representation, ask questions, get support with reasonable accommodations, EEO complaints, Workers Comp issues, and more.
VA EMPLOYEE CURRENT REPRESENTATION RIGHTS FAQ (Frequently Asked Questions)
Q1: Do I still have the right to representation even if VA says our collective bargaining agreement no longer applies?
Yes. Even where VA claims the collective bargaining agreement no longer applies, federal law and VA policy continue to provide employees with representation rights in many situations, including:
administrative grievances,
disciplinary and adverse actions,
EEO complaints,
MSPB appeals,
and certain investigatory meetings.
Q2: Where do these representation rights come from?
Depending on the situation, representation rights may arise under:
VA Handbook 5021, Part IV, Chapter 3 – Administrative grievances
5 U.S.C. §§ 4303(b)(2)(B) and 7513(b)(3) – Performance-based and adverse actions
29 C.F.R. § 1614.605(b) – EEO complaints
5 C.F.R. § 1201.31(b) – MSPB appeals
Q3: What are my Weingarten rights during an investigatory, fact finding, or disciplinary meeting?
Under 5 U.S.C. § 7114(a)(2)(B), a bargaining unit employee generally has the right to request union representation during an examination by management when:
the employee reasonably believes the examination may result in disciplinary action; and
the employee requests representation.
However, following Executive Order 14251, OPM issued guidance taking the position that agencies should not recognize these statutory representation rights.
Some VA managers have relied on that guidance to deny requests for union representation, while others continue to allow representation.
NFFE disputes OPM's interpretation, and the issue remains the subject of ongoing litigation.
Given that, what should I do when I'm called into a meeting that I think could result in discipline?
If you believe a meeting could reasonably lead to discipline, state:
"If this meeting could reasonably lead to disciplinary action, I request union representation. I do not wish to answer questions until my representative is present."
If management denies your request, state:
"I object to proceeding without representation. I do not waive any rights I may have under law, regulation, court order, or any applicable collective bargaining agreement. If you are denying my request for union representation, I request permission to have a personal representative present instead."
If management also refuses a personal representative, state:
"Please note my objection and that I requested both union representation and, alternatively, a personal representative. If you are directing me to proceed, I will comply with a lawful order, but I do so under protest and without waiving any rights."
Important:
Do not simply refuse to attend the meeting. If management gives you an order to participate, refusing may itself become a disciplinary issue.
Clearly state that you object and are not waiving any rights.
Ask that your request for representation and management's denial be documented in the meeting notes.
VERY IMPORTANT: After the meeting, send an email documenting what occurred, specifically that you asked for a representative and were denied.
Contact your NFFE Local 1 representative as soon as possible.
Q4: What does VA Handbook 5021 say about representation?
VA Handbook 5021 provides:
"An employee has the right to be accompanied, represented, and advised by a representative of choice at any stage of the procedure."
This applies to administrative (agency) grievances regardless of whether the representative is a union official, attorney, or another individual chosen by the employee.
Q5: Can VA refuse my chosen representative for agency grievances and similar situations?
Yes, but only for the limited reasons identified in VA Handbook 5021:
Priority needs of the service
Unreasonable cost to the Government
Conflict of position
Conflict of interest
Q6: If VA disallows my representative, what must management do?
Management must:
Notify you in writing within five days of your designation.
State the specific reason for the disallowance.
Explain how you may challenge the decision.
Q7: How do I challenge a disallowance?
Within five days of receiving the written notice:
1. Submit a written challenge to the designated decision official.
2. Explain why you disagree with the disallowance.
3. State whether you wish to continue with your grievance immediately or wait for the challenge to be decided.
The decision official must issue a written decision within ten days.
Q8: Can I choose a union steward or officer as my representative?
Yes. Even if VA claims exclusive recognition no longer exists, you may still designate a union steward or union officer to serve as your representative where permitted by applicable law or VA policy.
Q9: Why should I designate a representative in writing?
A written designation:
Creates a clear record of your request.
Triggers VA's obligation to respond in writing where required.
Helps preserve your rights in future grievances, EEO complaints, MSPB appeals, or court proceedings.
Q10: What should I say when designating a representative?
A simple written statement is sufficient:
"I designate [Name] as my representative of choice under VA Handbook 5021 and other applicable law. Please provide any denial in writing, including the specific reasons for any disallowance, as required by VA Handbook 5021."
Q11: Where can I obtain a Designation of Representative form?
Contact your local NFFE steward or officer. NFFE has a Designation of Representative and Privacy Act Waiver form available for employees.
If you cannot reach a local representative, contact NFFE through www.nffe.org.
For updates regarding litigation, employee rights, and materials relating to VA collective bargaining, visit www.nffe.org/va