Appeals Court Limits Judge's Order, Allowing VA Union Contract to Expire

A three-judge panel of the U.S. Court of Appeals for the First Circuit concluded that Judge Melissa DuBose’s August ruling improperly addressed contract-interpretation issues, thereby limiting the scope of her injunction against the Veterans Affairs Department. The judges affirmed most of DuBose’s order that prevented the VA from terminating its collective bargaining agreement with the American Federation of Government Employees, but they rejected the portion that attempted to dictate compliance with particular contract terms.

The VA had previously said it would let the agreement expire in August, while the union argued that prior negotiations activated an automatic-extension clause, extending the contract’s life. The appellate court issued a stay on the latest enforcement order, noting that it altered the original injunction while the case remains on appeal. The decision leaves the dispute over whether the extension clause was triggered unresolved, but it clears the way for the VA to let one outlet contract lapse. Both sides may continue to litigate the interpretation of the agreement in future proceedings.