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Countering VA’s August 7, 2025, Notice on EO 14251
The Truth: 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.
Your rights under federal law remain – including the right to join the union, file grievances for actions taken before the EO, and have a union representative in qualifying meetings.
What’s Really Happening: The August 7 letter is part of the Trump Administration’s union-busting campaign under Executive Order 14251. NFFE believes VA’s move is harmful and, more than likely, highly illegal. The EO’s legality is still being fought in court.
Where Our Union is Fighting:
In Court: NFFE and allied unions are litigating in the 9th Circuit, challenging EO 14251 as exceeding presidential authority and violating 5 U.S.C. Chapter 71.
At FLRA: Multiple Unfair Labor Practice charges are being filed for misrepresenting representation status, refusing to bargain, cancelling arbitrations, and illegally ending dues deductions.
In Congress: NFFE is briefing the House and Senate Veterans’ Affairs Committees and labor allies on the EO’s harm to veterans’ care and employee rights. Our union and allies are fighting to pass the Protect America's Workforce Act, which would nullify Trump's union-busting EO and restore our collective bargaining rights.
In the Workplace: Union stewards and representatives are documenting violations, organizing our coworkers to take collective action, and preparing for eventual restoration of rights.
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/
Union grievances filed before August 6, 2025, must be processed to completion.
You have statutory rights in EEO complaints, OSC matters, and certain investigatory meetings.
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, or join the fight.
VA EMPLOYEE REPRESENTATION RIGHTS FAQ (Frequently Asked Questions)
(Based on VA Handbook 5021, Part IV, Chapter 3, Paragraph 4 and other federal protections)
Q1: Do I still have the right to a representative if VA says our CBA is gone?
A: Yes. Even without a collective bargaining agreement, VA policy and federal law give you the right to representation of your choice in certain situations — including administrative grievances, disciplinary actions and adverse actions, and some investigations.
Q2: Where does this right come from?
A: The following applies whether you are covered by a CBA or not.
VA Handbook 5021, Part IV, Chapter 3 – Administrative Grievances
5 U.S.C. § 4303(b)(2)(B) & 7513(b)(3) – Adverse and performance-based actions
29 C.F.R. § 1614.605(b) – EEO complaints
5 C.F.R. § 1201.31(b) – MSPB appeals
Q3: What does VA Handbook 5021 say about my right to a representative?
A: From Part IV, Chapter 3: “An employee has the right to be accompanied, represented, and advised by a representative of choice at any stage of the procedure.”
Q4: Can VA refuse my chosen representative?
A: Yes, but only for specific reasons listed in Paragraph 4:
• Priority needs of the service
• Unreasonable cost to the Government
• Conflict of position
• Conflict of interest
Q5: If VA disallows my representative, what must they do?
A: Under Paragraph 4:
• The disallowance must be in writing within 5 days of your designation.
• The notice must state the specific reason for disallowance.
• The notice must tell you how to challenge the decision.
Q6: How do I challenge a disallowance?
A: 1. You have 5 days from receiving the notice to file a written challenge with the decision official.
2. In your challenge:
State why you disagree.
Say whether you want to proceed with your grievance or wait for the challenge decision.
3. The decision official must issue a final decision within 10 days of getting your challenge.
Q7: Can I pick a union steward or officer as my “representative of choice”?
A: Yes. Even if VA claims no exclusive recognition exists, you can still designate a union official to represent you personally under VA policy and federal law.
Q8: What should I say to assert my rights?
Sample phrase:
“I designate [Name] as my representative of choice under VA Handbook 5021 and applicable law. Please provide any denial in writing as required by Part IV, Chapter 3, Paragraph 4.”
Q9: Why should I always designate a representative in writing?
A: A written designation:
• Triggers VA’s duty to respond in writing.
• Starts the 5-day and 10-day timelines.
• Creates a record for any later grievance, MSPB, EEO, or court case.
Q10: Where can I get a designation form?
A: Contact your local NFFE steward or officer. We have a Designation of Representative & Privacy Act Waiver template ready to use. If you cannot reach a local NFFE official, please us the contact form at www.nffe.org
You can keep up to date on matters related to the VA Collective Bargaining Agreement and access materials at www.nffe.org/va