Court Restores Bargaining Rights to V.A. Workers
March 27, 2026
Bredhoff & Kaiser successfully obtained a preliminary injunction on behalf of several labor unions representing workers at the Department of Veterans Affairs. On April 11, 2025, the Secretary of the VA had exempted these units from Executive Order 14,251, which otherwise eliminated collective bargaining rights at numerous federal agencies including the VA. But then on November 11, 2025, without warning or justification, the Secretary abruptly reversed course and rescinded his previous order, stripping these workers of their collective bargaining rights and terminating their CBAs.
Bredhoff & Kaiser filed suit in federal district court in Rhode Island challenging the Secretary’s rescission order as arbitrary and capricious in violation of the Administrative Procedure Act (APA) and sought a preliminary injunction to set aside the Secretary’s action. The lawsuit was brought on behalf of seven local unions who collectively represent thousands of workers at the VA, including nurses, health technicians, maintenance workers, housekeeping aides, cooks, and cemetery caretakers: United Nurses Association of California/Union of Healthcare Professionals; Laborers’ International Union of North America Locals 1322, 1029, and 572; International Brotherhood of Electrical Workers Local 415; Wisconsin Federation of Nurses and Health Professionals, Local 5000, AFT; and International Association of Machinists and Aerospace Workers Local 1998.
On March 27, 2026, the Court granted the motion for preliminary injunction, finding that the plaintiffs were likely to succeed on their claim that the Secretary’s action was arbitrary and capricious. The Court held that the Secretary’s statement that he had “further considered” the matter “does not come close to being a ‘reasoned explanation’” as required by the APA. The Court preliminarily set aside the rescission order and ordered the VA to immediately reinstate the plaintiffs’ CBAs.