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  • Update: VA Resumes PIPs for AFGE BUEs
    Updated On: Feb 23, 2021

    As you all know, since 2017, NVAC has been fighting the VA’s decision to stop providing performance improvement plans (PIPs) in accordance with Article 27, Section 10 of the 2011 Master Agreement.  That decision violated law and contract. 

    In August 2018, Arbitrator Jerome Ross sustained NVAC’s grievance and found that the VA violated law and contract by failing to provide PIPs to employees before taking performance-based actions under the Accountability Act.  Arbitrator Ross ordered a make-whole remedy.  In September 2018, the VA filed exceptions with the FLRA.  Two years later, on November 16, 2020, the FLRA denied the VA’s exceptions and upheld the arbitration award.  The VA then filed a motion for reconsideration and request to stay with the FLRA.  NVAC opposed both filings, and we are waiting for a decision. 

    Today, the VA Office of the Chief Human Capital Officer (OCHCO) published the attached bulletin entitled, “Temporary Resumption of Performance Improvement Plans (PIPs) for AFGE Bargaining Unit Employees.”  As you will see, the VA acknowledges the decisions of Arbitrator Ross and the FLRA but maintains that it will continue to seek further review of these decisions.

    PLEASE NOTE: The VA has directed supervisors and managers to “temporarily resume issuing PIPs in accordance with the AFGE collective bargaining agreement (CBA) when considering performance-based actions.” 

    This directive only applies to AFGE BUEs.  The NVAC Legal Team will continue to pursue this matter through our efforts to enforce the decisions of Arbitrator Ross and the FLRA. 

    Alma L. Lee, National VA Council, President


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