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Legal

 AFGE National VA Council

Everyone deserves gender equality, better pay and benefits, fair and safe working conditions and to not be taken for granted. With an unyielding dedication to the union’s mission, the NVAC’s legal team empowers members with a representation voice and protect workers against outdated labor laws. 

To help you navigate the legal aspects of what we do, see the explanations below.

Master AGreement

To help create a quality work environment for VA federal employees, the AFGE National VA Council works in a mutually respectful partnership with the Department of Veterans Affairs. Through contract negotiations the Master Agreement sets an agreed standard for management and local unions to follow.

Follow this link to be taken to our MA page.
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National Grievances

AFGE National VA Council dutifully represents its members when grievances happen with workplace conditions or when there's a violation of law, regulation, department directives in handbooks, or past practice, as well as a violation of any agreement. The litigation procedure will result in a settlement or withdrawal, an arbitration decision, and an FLRA decision (including ULP orders). To find the original legal grounds for filing disputes, click this link for the National Grievances page. Then, for the final decision process, you can follow the links below.

Settlements
Withdrawals

Our council strive to facilitate agreements that best represents fairness for our BUEs. Grievances may lead to a settlement or withdrawal. The link to this page houses the cases AFGE NVAC has completed. Click now and learn more.​

Arbitration
Decision

When resolving national grievances, AFGE NVAC attorneys present each case in a fair and balanced manner. These disputes are resolved through a third-party's decision. Click this link and be informed about ADs that affect your Local.

FLRA
Decision

Acting as an independent agency, the Federal Labor Relations Authority oversees disputes between the federal government and employees. For a list of FLRA decisions that affect our council, follow this link.

ULP
Decisions

The Federal Labor Relations Authority may issue a complaint when a union files a charge. When employers violate the Federal Service Labor Relations statue, unions have the right to file Unfair Labor Practices. Click here for more.

Request for Local Representation

The NVAC Grievance and Arbitration Committee, with the understanding of the NVAC Legal team, has enlarged our criteria for accepting legal matters for review and assignment to an NVAC attorney.  In addition to reviewing matters involving locally elected or appointed representatives, a matter affecting more than one local or any T38 matter, the new criteria are that: only one case shall be worked at a time from each local: that the local president submit a request (so that we can be sure it is only one); that the submission include completing the accompanying form; and that it also includes the step 3 grievance or documents related to an FSIP or Impasse filing, any response to the step 3 and the notice of intent to invoke arbitration.


NVAC Request for Local Representation Form

Global Settlement

Download the Settlement

As you know, during the previous administration, we witnessed unprecedented attacks on workers’ rights, collective bargaining, and federal sector labor unions.. With the support of our members and AFGE VA Locals, NVAC has been fighting hard to protect the rights of VA employees and the dedicated union officials who represent them.  

NVAC is proud to announce the execution of a global Settlement Agreement resolving several disputes that arose during the previous administration, including: VA/NVAC contract negotiations, Trump EO 13837 claims, and Title 38 official time. Highlights include:

  • VA/NVAC Contract Negotiations: The Parties have agreed to erase all bargaining history since December 2017 and start over with a “limited reopener” of the 2011 Master Agreement. We have executed new Ground Rules, and each side has selected 6 articles to reopen and renegotiate.  With limited exceptions, the Parties have agreed to roll over 55 articles from the 2011 Master Agreement.  We expect to return to the bargaining table by early next year.
  • Trump Executive Orders: The Parties have established a claims submission procedure where AFGE representatives may submit claims for two types of corrective action: (1) compensation for representational duties performed in a leave status or non-duty status due to limitations on official time, and (2) reimbursement of out-of-pocket expenses for costs incurred for office space, storage space, equipment, and technology because of EO 13837.  Lastly, the VA will rescind personnel actions taken against AFGE representatives under EO 13837.
  • Title 38 Official Time: The VA has agreed to rescind the 7422 determinations from 2018-19 concerning the use of Title 38 official time.  This means that AFGE representatives in Title 38 positions will, once again, have the same rights to official time as other employees.  These representatives may also submit claims for compensation under the claims submission procedure.

 

CLICK HERE  to be directed to the AFGE VA Claims and Global Settlement webpage. For specific questions relating to the settlement please email NVAC attorneys at VAclaims@afge.org

 

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AFGE National VA Council Document Database
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