Dear AFGE Local Leaders,
Over the past week, the Trump Administration announced several policies that, if implemented, will result in significant changes to spending, staffing, and operations across the federal government. We understand that many of these announcements have caused confusion and distress to the hardworking civil servants at the VA and other agencies. Please know that the National VA Council is working in close partnership with AFGE National to coordinate our response on behalf of our bargaining unit.
Today, NVAC is providing preliminary guidance on three major announcements:
1. Hiring Freeze
On January 20, President Trump ordered a hiring freeze for federal civilian employees. On January 23, VA published guidance and announced a list of exemptions approved by OPM. These 39 exempted occupations largely cover VHA occupations involved in the delivery of health care services.
We know this hiring freeze will negatively impact the delivery of health care and benefits to veterans and their families. With less staff to meet the day-to-day demands of the nation’s largest health care system, it will also negatively impact employee morale and may cause patient and employee safety issues.
NVAC and AFGE are working diligently with veteran service organizations and other stakeholders to advocate for a fully-funded, fully-staffed VA.
If you have anecdotal information illustrating the harmful effects of this hiring freeze at your facility, please report it to NVAC by replying to this email and include your NVAC District Representative on the communication.
2. Return to Office/Telework
On January 20, President Trump ordered executive agencies to take steps to “return to in-person work” and “terminate remote work arrangements.” On January 27, OPM also issued guidance to agencies on the implementation of this order.
On January 24, the Acting VA Secretary issued a memorandum to management officials outlining VA’s plan to revise and/or terminate telework and remote work for political appointees, SES employees, and non-bargaining unit employees. This memo does not include any changes for bargaining unit employees but makes clear that a “phased implementation plan” for BUEs is forthcoming. It also states that exceptions will be made for reasonable accommodations.
This order does not supersede the law. The Statute also makes clear that agencies cannot enforce regulations that conflict with collective bargaining agreements.
Please encourage all bargaining unit employees to retain any documentation related to telework and remote work agreements, as well as any reasonable accommodation paperwork related to telework and remote work.
If your facility moves to terminate telework or remote work agreements for bargaining unit employees based on the January 20 order, please report it to NVAC by replying to this email and include your NVAC District Representative on the communication.
3. OPM “Deferred Resignation”
On January 28, 2025, the Office of Personnel Management sent an email to federal employees entitled “Fork in the Road.” This email claims to promise federal employees certain pay, benefits, and remote work arrangements through September 30 if they provide notice of their intent to voluntarily resign from federal service by February 6.
Despite what is being reported in the press and elsewhere, this is not a “buyout.” Buyouts are governed by applicable law and can be used to reduce the workforce, often in advance of a formal reduction in force or furlough.
These so-called “deferred resignations” are a bait-and-switch effort to pressure federal workers to resign in exchange for an unenforceable promise of continued employment. As OPM makes clear, agencies still have the authority to reassign employees, place them on paid leave, conduct a RIF, and more. Moreover, while the government continues to operate on a continuing resolution through mid-March, the funding necessary to issue these payments has not yet been appropriated.
Today, the NVAC Legal Team filed a National Grievance because OPM and VA’s conduct constituted an unlawful bypass and failure to bargain in good faith under the Statute and our Master Agreement.
NVAC encourages all VA employees to carefully consider the consequences of voluntarily resigning from your position, now or in the future. This may have irreversible effects on your ability to later appeal your resignation and may result in a loss of pay or benefits that may otherwise be available to you through a RIF.
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