EO 14003: Office Space Update
Renegotiation of 2011 VA /AFGE Master Agreement and Title 38 Official Time
February 18, 2021The Washington Post: Biden’s new VA chief inherits oversight office from Trump viewed as abetting corruption
February 18, 2021On January 22, President Biden issued Executive Order 14003: Protecting the Federal Workforce, which revoked Executive Orders 13836, 13837, and 13839 issued by former President Trump on May 25, 2018. On January 25, NVAC contacted the VA Office of Labor-Management Relations to insist that the Agency take immediate action to restore our rights under the 2011 Master Agreement. On January 26, NVAC filed a national demand to bargain. We understand that local facilities are waiting for national bargaining to be completed before engaging in local bargaining. A copy of our January 28 President’s Briefing and guidance to Locals is attached here for reference.
We did not receive a response from LMR for three weeks. Yesterday, we became aware of the attached letter entitled “Union Office Leases and Related Rental Payment Obligations.” As you can see, the Agency has finally committed to taking steps to comply with Executive Order 14003. The Agency will immediately stop collecting rent from those AFGE Locals that retained office space at VA facilities and continue to provide that space free of charge. For Locals that decided to obtain their own office space at alternative locations, the Agency will provide office space at the VA facility free of charge once the Local notifies facility management that it wants office space on-site at the VA. Office space must be consistent with the requirements of the 2011 Master Agreement.
Please be advised Article 51, Section 1(C) also provides: “The Department shall provide to National Union Officers, District Representatives, National Representatives, National Safety and Health Representatives, and other Union representatives, separate space, equipment, etc., as provided in this article.
Earlier today, we provided a response to LMR outlining our position on the Agency’s unlawful implementation of Executive Order 13837 and our recent arbitration victory requiring the Agency to reimburse Locals for the out-of-pocket costs for the space and equipment they obtained. We also reminded LMR of the requirements of Article 51 (Official Facilities) and that the Agency is contractually required to provide office space commensurate with other administrative offices within the facility.
We expect the Agency to issue further guidance in the coming weeks. We are also waiting for the Agency to meet its bargaining obligations. NVAC will continue to take any action necessary to ensure that the Agency complies with Executive Order 14003 and the 2011 Master Agreement. In the meantime, NVAC recommends that you take the following action:
- Make sure to file a local demand to bargain (see template in January 28 guidance);
- Stop paying rent if applicable (see February 16 LMR letter);
- Notify your local facility management that you expect to receive office space consistent with the 2011 Master Agreement (and any past practices or other agreements);
- This includes Locals AND all AFGE/NVAC officers and representatives listed in Article 51, Section 1(C);
- Stay in touch with your NVAC District Representatives for further updates.
