Finlay Adamson is a student at Harvard Law School.
In today’s news and commentary, the Department of Veterans Affairs re-terminates its collective bargaining agreement despite a preliminary injunction, and the Federal Labor Relations Authority announces new rules increasing the influence of political appointees over federal labor relations.
The Department of Veterans Affairs (VA) re-terminated its collective bargaining agreement with the American Federation of Government Employees (AFGE) this week. The Department’s action comes after the United States District Court for the District of Rhode Island issued a preliminary injunction earlier this month ordering the VA to reinstate the CBA. While the Department technically did so, AFGE reported last week that agency officials “continued to deny employees union representation during disciplinary proceedings and even CBA-mandated paid parental leave.” On Thursday, the VA issued a new notice declaring that it would re-terminate the agreement, seemingly in an attempt to prevent AFGE from enforcing the first preliminary injunction. Following this action, District Court Judge Melissa DuBose issued a new order for the VA to enforce the injunction on Friday, and indicated that she was considering holding the Department in contempt of court.
Earlier this week, the Federal Labor Relations Authority (FLRA) announced new rules that will increase the influence of political appointees over federal employee union representation issues. The two interim final rules will increase the power that FLRA’s three member board of political appointees will have over defining bargaining units, certifying new union chapters, and overseeing union elections among the federal workforce. These changes upend forty years of precedent where FLRA career staff were primarily responsible for such issues. Additionally, by issuing the changes as interim final rules, the agency avoided processing through the notice and comment period. Everett Kelley, national president of the American Federation of Government Employees, argued that the changes will “eliminate the non-partisan, non-political decision-making process that currently governs who can and can’t be represented by a union.”
Daily News & Commentary
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July 15
U.S. labor productivity climbs at its fastest pace in decades; a federal judge grants a preliminary injunction to anti-abortion groups challenging Michigan’s civil rights law; and Jackson, Mississippi’s bus workers walk off the job.
July 14
DOJ opens investigation of UAW president; LIUNA protests Pfizer building collapse; national park workers unionize
July 13
New York Times files retaliation suit against the EEOC; US government pushes back TPS designation termination for Haiti; federal judge grants preliminary injunction to federal workers seeking reasonable telework accommodations.
July 12
Postal workers demand investigation into Atlanta distribution center conditions following deaths; University of Chicago Press Workers vote to unionize.
July 10
Brigham and Women’s Hospital locks out 4,000 nurses after one-day strike; appeal filed challenging agency-shop agreements.
July 9
The Second Circuit declines to vacate an arbitration award over a nursing union dispute; federal workers sue the Department of Defense for termination of union contracts; New York City announces settlement with companies for violating New York work laws.