The First Circuit denied a U.S. Department of Veterans Affairs request to shelve its contract with a union representing government workers during an appeal, while also pausing a lower court's order that the VA must abide by grievance procedures in the contract.
The appellate panel’s ruling leaves the union contract intact pending the litigation between the American Federation of Government Employees’ National Veterans Affairs Council and the VA, Law360 reported.
The case centers on the VA’s August decision to unilaterally end its agreement with AFGE, which represents 320,000 VA employees, following an executive order by President Trump exempting the VA from a federal labor law.
In March, U.S. District Judge Melissa DuBose of the District of Rhode Island issued a preliminary injunction after finding that AFGE was likely to succeed on claims that the VA unlawfully terminated the agreement in violation of the Administrative Procedure Act and in retaliation against union advocacy. Judge Dubose concluded that the agency’s decision to end the agreement was “neither reasonable nor reasonably explained” and that the union had provided “ample support” for its retaliation claims.
You can read the original preliminary injunction order here. You can read the First Circuit opinion here.
The Keker team includes Travis Silva, Brook Dooley, Taylor Reeves, JiLon Li, and Alex Wheeler. They worked alongside co-counsel Carly Iafrate of the Law Offices of Carly B. Iafrate.
Read the Law360 article here (subscription required).
