Lawmakers worry VA secretary will ‘violate the law’ with workforce plans

The Department of Veterans Affairs’ plans to implement workforce practices in line with three workforce executive orders issued by President Donald Trump in May 2018 may violate the intent of Congress in establishing civil service law, a group of 70 lawmakers have warned.

The lawmakers, led by Rep. Mark Takano, D-Calif., wrote a letter to VA Secretary Robert Wilkie Dec. 19 in response to notice the agency gave federal labor unions a month prior, indicating that implementation of the orders would begin immediately.

“The announced actions, if implemented, are in violation of the law and will harm basic rights of VA workers,” the lawmakers wrote.

“If implemented as proposed, the executive orders will have a major, negative impact on workplace morale and ability of frontline VA workers to speak out. Notably, the proposed changes would severely restrict the ability of employee representatives to work with workers that are the subject of improper political pressure, retaliation for whistleblowing activities, sexual harassment or other inappropriate actions. Arbitrary limits on the use of official time and restrictions on the ability of workers to receive assistance in challenging adverse actions will greatly restrict due process rights and representation. Further, the Department has proposed a prohibition on the use of employee’s official time for such basic actions such as filing grievances and attending arbitrations.”

Trump’s executive orders have faced extensive criticism for damaging federal labor unions and infringing on the bargaining rights of federal employees.

The orders were initially held up in court proceedings, where labor unions argued that the orders overstepped the authority of the executive branch by contradicting provisions of civil service law. Though a district court ruled that Trump had done just that, an appeals court determined that the federal courts were not the appropriate avenue for such a case, overturning the lower court decision and enabling the orders to be put into effect.

The lawmakers’ letter argues in agreement with the first court’s decision that such actions violate the law.

“Failure to work effectively with organized labor and protect the rights of workers is a failure to adequately fulfill the mission of VA. We ask that you follow a new approach that will allow for effective bargaining with organized labor in a way that will not silence frontline employees from voicing their views, blowing the whistle on critical problems and demanding their rights,” the lawmakers wrote.

“Further, VA needs to focus on filling the approximately 49,000 vacancies across the department, improving employee morale, addressing sexual harassment and ending retaliation against whistleblowers.”

According to a VA spokesperson, Wilkie plans to respond to the lawmakers directly, but publicly stated that, “common sense dictates that VA employees’ main focus should be providing veterans the best possible care, benefits and customer service. At the same time, unions using VA facilities should have to pay their fair share. These executive orders will help ensure that’s the case.”

About Jessie Bur

Jessie Bur covers federal IT and management.