Judge Blocks VA's Third Attempt to Terminate Union Contract on Contract Expiration Eve

U.S. District Judge Melissa DuBose granted a motion to enforce her preliminary injunction against the Department of Veterans Affairs on August 7, 2026, blocking the agency's third attempt this year to terminate its collective bargaining agreement with the American Federation of Government Employees, according to Government Executive. The ruling came one day before the VA planned to cancel the contract on its scheduled August 8 expiration date.

The VA's repeated attempts to end the union contract stem from a March 2025 executive order signed by President Trump that banned collective bargaining at the VA and other federal agencies under national security grounds. DuBose, a Biden appointee serving in Rhode Island, first blocked the VA's initial termination notice in March 2026, then updated her injunction when the agency issued a second termination notice, and threatened contempt proceedings. A federal appeals court upheld most provisions of that order in May.

Contract Rollover Dispute at Center of Latest Ruling

The VA notified AFGE in July that it would terminate the agreement on August 8, the contract's original expiration date. AFGE argued that the department had triggered an automatic rollover clause by requesting that the contract be reopened for negotiations, which extends the contract's duration until a successor agreement is reached.

The VA claimed AFGE refused to meet for negotiations within 30 days of its request, citing written correspondence about negotiation scope and ground rules. In her three-page order published August 7, DuBose described the VA's latest termination effort as "in direct contravention" of her prior orders.

"The defendants' assertion that the plaintiffs failed to comply with the 30-day clock to begin negotiations and that this purported failure is a lawful basis on which to terminate the agreement, is not well-taken," DuBose wrote. "The exhibits each party provided in support of their positions on this motion are chock full of correspondence between the parties directly related to the defendants' notice of intent to renegotiate the master CBA."

Union President Says Ruling Proves Law Supports Federal Workers

Mary Jean Burke, AFGE National VA Council President, issued a statement Friday praising the court's decision. "Unions that represent federal employees have long been under attack," Burke said. "Why? Because we are the roadblock preventing the privatization of the agencies we swore to protect."

Burke characterized the union's position as fighting for the VA's mission despite repeated attempts to dismantle collective bargaining protections. "Today's victory is proof that the law sides with AFGE/NVAC because we fight for what is right," she said.

The case follows a pattern of federal courts enforcing labor protections against executive branch attempts to narrow union authority. The VA's March 2025 termination notice came five months after the initial August 2024 cancellation attempt, which DuBose blocked in her first injunction.

Timeline of VA Termination Attempts

The department first moved to terminate its contract with AFGE in August 2024. DuBose issued an injunction unwinding that decision in March 2026. The VA responded with a new termination notice, prompting an update to the injunction and the threat of contempt proceedings. After a federal appeals court upheld most provisions of that order in May, the VA issued its third termination notice in July for an August 8 effective date.

The collective bargaining agreement covers AFGE members working across VA facilities nationwide. The contract governs workplace conditions, grievance procedures, and negotiation protocols for the nation's largest federal employee union representing VA workers.

What This Means for Union Members

Federal workers at the VA and other agencies targeted by the March 2025 executive order have gained a legal precedent for challenging contract terminations that courts find violate existing orders. The ruling demonstrates that agencies cannot circumvent preliminary injunctions by issuing successive termination notices based on procedural disputes about negotiation timelines.

Union members covered by federal collective bargaining agreements should note that contract rollover clauses can extend protections beyond expiration dates when management requests renegotiation. The court's finding that correspondence about negotiation scope counts as engagement in the bargaining process may limit agencies' ability to claim unions failed to meet procedural deadlines.

The pattern of judicial intervention in this case—three separate enforcement actions in five months—signals that courts will scrutinize agency claims that unions violated procedural requirements when those claims appear designed to bypass existing injunctions. AFGE's successful defense of its VA contract provides a roadmap for other federal unions facing termination notices under the 2025 executive order.