Appeals court stays order that upheld VA’s union contract – Federal News Network

Appeals court stays order that upheld VA’s union contract  Federal News Network

An August preliminary injunction raised new “substantive” issues, likely putting it outside the district court's jurisdiction, an appeals court ruled. The Department of Veterans Affairs has scored a win in an ongoing lawsuit over the termination of its collective bargaining agreement with the American Federation of Government Employees. A federal appeals court on Friday granted VA’s request to pause a preliminary injunction from August, which had ordered the agency — for the third time — to recognize its union contract while litigation continued. A three-judge panel said in an Oct. 2 stay decision that VA would likely succeed in its argument that the August order exceeded the district court’s jurisdiction.

The agency contended that the August decision improperly modified the basis of the initial preliminary injunction in March, an order currently being appealed. Just ahead of the collective bargaining agreement’s expiration on Aug. 8, U.S. District Court Judge Melissa DuBose in Rhode Island ordered VA to reinstate the agreement with AFGE. The judge found that AFGE had satisfied requirements to trigger a contract provision that automatically extends the current agreement while negotiations for a new one continue. The Aug. 7 ruling came after DuBose in March initially issued a preliminary injunction, ordering VA to keep AFGE’s contract intact while litigation continued. Join us Nov. 9 at 1 pm ET for