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IMPORTANT: This information should not be downloaded using government equipment, read during duty time or sent to others using government equipment, because it suggests action to be taken in support or against legislation. Do not use your government email address or government phone in contacting your Member of Congress.
Dear Bargaining Unit Employee:
We want to update you on recent events you may have heard around the facility or in the news. You may even have heard a reference to the “EOs” from us in conjunction with “the Department’s war on unions.” We wanted to explain what that is all about.
Q: What are the Executive Orders (“EOs”)?
A: On May 25, 2018, President Trump issued three Executive Orders affecting the Union’s functioning and disciplinary actions:
- EO 13836, Developing Efficient, Effective, and Cost-Reducing Approaches to Federal Sector Collective Bargaining
- EO 13837, Ensuring Transparency, Accountability, and Efficiency in Taxpayer-Funded Union Time Use; and,
- EO 13839, Promoting Accountability and Streamlining Removal Procedures Consistent with Merit System Principles.
Bottom line: the EOs take away union offices, VA equipment to contact employees easily, and most of the time we have to meet with employees. These EOs, not only hinder the Union’s right to provide workplace representation and hold the Department accountable, they also limit your rights as an employee.
Q: How do the EOs affect me as an employee?
A: There are many ways that the EOs affect you as an employee and here are some of the most noticeable:
- EO 13839 prohibits the Department from providing you with a (Performance Improvement Plan) PIP longer than 30 days.
- EO 13839 changes Reduction in Force procedures, so your performance appraisals count more than your length of service.
- EO 13837 diminishes the Union’s ability to assist you with complaints. The Union will be more difficult to reach, and union representatives won’t be given the time to meet with you.
- EO 13836 limits the Union’s time to bargain the best agreements in your favor.
- EO 13839 prohibits you from filing a grievance if you are removed, demoted, or suspended for more than 14 days.
- EO 13839 prohibits you from filing a grievance if you feel your performance appraisal is unfair.
- EO 13839 prohibits the Department from entering into settlement agreements that remove unfavorable documents from your eOPF.
Q: That was in 2018, why is it coming up again now?
A: You didn’t notice the changes because AFGE filed a federal lawsuit challenging the issuance and substance of the EOs as unlawful. The federal court issued an injunction (like a cease-and-desist order) on many of the most harmful terms. However, the government appealed the decision, and the appellate court overruled it. The appellate court found that the Union was required to exhaust its administrative remedies first. The appellate court did NOT find that the EOs were lawful; it did find an issue with the Union’s process in challenging it. As a result, on October 3, 2019, the government was no longer prevented from implementing the EOs.
On November 15, 2019, the Department announced that it would implement the May 25, 2018 Executive Orders.
Q: Is this happening throughout the federal government?
A: No. Many agencies are waiting for a decision that the EOs are lawful. Others are working with their Unions to determine what works for them. The VA is doing neither. This is why we have called it the Department’s “war on unions.”
Q: What does this mean for me?
A: The Department originally offered to bargain the implementation with us, and we have tried to do so, since October 4, 2019, and repeatedly since then. Despite their initial offer, the Department has not responded to our requests to bargain. So, you may see some of these changes start to take effect. The Department has given out contradictory guidance, so some of the most eager facilities have immediately begun making the changes. Others have not. In the meantime, you should continue to seek the Union’s assistance in all matters that concern you. If we are not in our normal office, give us a call or send us an email. We will get back to you. AFGE continues to challenge the EOs through the grievance procedure and administrative forums, like the Federal Labor Relations Authority.
In solidarity,
Tatishka J Thomas
Tatishka Thomas, President
AFGE Local 548
Bay Pines, Fl 33744
(727) 398-6661 Ext 10615
(888) 232-0083
www.afge548.org
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