CLEVELAND — American Federation of Government Employees 2823 is fighting for answers, and so are we.
AFGE 2823 President James Swartz told me he was notified last week that all communication from the management level of the U.S. Department of Veterans Affairs to his union will be no more.
Additionally, Swartz showed us an email thread between him and a VA employee over the last few days. A copy of the email was not made to protect the VA employee responding to Swartz.
An official time request for 7.25 hours was made for Monday, April 28.
"[Official time] was for the union to be able to work with the federal government agencies, in public interest, to provide for doing bargaining as far as being able to represent employees, to work with management and with the agencies to make sure employees have the tools and knowledge necessary to be successful in their careers, and to be able to help whoever in the public sector," Swartz explained.
He added the master agreement between AFGE and VA grants 4.5 hours per bargain unit employee, so with his union representing 1,000 workers, they have more than 4,000 hours banked.
Swartz said that during the Biden administration, he doesn't recall official time requests getting denied.
Prior to that, during the first Trump administration, Swartz said his union hit a wall with official time requests.
The National Veterans Affairs Council even filed a National Grievance regarding a 2018 decision that changed official time requests.
According to a VA press release from November 2018, the department eliminated official time for nearly 104,000 employees.
It's a deja vu moment for Swartz as he sees the VA traveling a similar path as the request for official time for April 28 was denied, and according to emails we were shown, without reason.
After Swartz responded with frustration over the denial, the request was approved.
However, the approval was followed by a message stating the VA will not be granting any of AFGE 2823's official time requests moving forward.
"We were doing some representational work. I was talking with a couple of the subject matter experts to get their take on the information, how to best represent the employees and also meet the needs of the agency. When we turned in the hours, they were flat out denied," Swartz shared. "They didn't give us any rhyme or reason for it outside that the direction came from way above, that they are not to deal with the unions. We were told that the denial was the result of the CEO telling them that they were to ignore the union."
Swartz foresees the AFGE National VA Council taking legal action because of the denial.
I reached out to the AFGE National VA Council for a response Wednesday night. I'm waiting to hear back.
Additionally, I reached out to the VA several times for a response, but once again, the agency refuses to answer our questions.
"I would love for the agency to be able to follow the contract that both sides had signed, follow the law and allow the union to assist the agency to provide the tools and education necessary for the employees to become successful in order to do their jobs efficiently," Swartz said.
Reading through the latest version of the master agreement between VA and AFGE, the denial of official time could violate the preamble, Article 2 (Sec. 1), and Article 3 (Sec. 3).
The preamble states, "The Department and the Union agree that a constructive and cooperative working relationship between labor and management is essential to achieving the Department's mission and to ensuring a quality work environment for all employees."
Article 2, Section 1 reads, "In the administration of all matters covered by this Agreement, officials and employees shall be governed by applicable federal statutes."
One federal law in particular that protects official time is 5 U.S.C. Section 7131.
Article 3, Section 3 explains, "The Department and the Union are committed to working together at all levels to improve service to veterans, ensure a quality work environment for employees, and effect a more efficient administration of VA programs. The parties support and encourage cooperative labor-management relationships at all levels."
With the refusal of official time, Swartz said he feels like the duties of his union cannot be efficiently done.
"We have a lot of the employees now that are scared. They're scared for their jobs. They're scared if they're going to be able to get continued training because the laws and the rules change all the time. They're afraid that the agency is going to come after them. They're afraid to take leave. They're afraid not to take leave," Swartz said.
He feels that if VA unions are dismantled, there will be no protection for employees.
"It is a total distraction," Swartz said. "I think the reason they are doing this is so when the [Reduction in Force] comes, there's nobody to stand in the way. I swore an oath when I took my position in the union. I swore an oath when I took my position in the VA or working for the federal government and I swore an oath when I joined the military: US Army veteran, disabled. What I had to do the last time we went through this, myself and many of the other folks that I work with in the union, we had to do it all on our own time."
The denial of official time comes as the VA has confirmed it plans to slash agency jobs by 15%, which means at least 72,000 employees will be laid off at some point. More than 2,400 have already been laid off this year.
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"Do you see the storm slowing down anytime soon?," I asked Swartz.
"I don't even think we're at the eye of the storm. We're on the edge of it and it's coming upon us. I do believe that if things continue the way they are the VA is going to be in very bad shape. The union is suffering because of this," Swartz said. "As a veteran, I'm concerned about the union. I'm concerned about the agency. I'm concerned about their ability to do their job and meet the responsibilities of taking care of America's heroes."
He said as far as preparing for further hits to the VA and the unions, all he can do is pray and encourage others to reach out to their local, state, and federal leaders to express their concerns.
"Help us. Don't politicize us. Let us do our job. Let us work with management. You don't need a chainsaw. You need a scalpel," he said.
If you or someone you know has a tip to share regarding the VA, please email me at Kaylee.Olivas@WEWS.com.
