IMPORTANT: This information should NOT be downloaded using government equipment, read during duty time or sent to others using government equipment. Do not use your government email address or government phone in contacting your lawmakers. Do not forward this to a government addresses as it contains AFGE/NVAC information specific to you.

August 9, 2023

VA/NVAC Accountability Act Settlement

As you know, the National VA Council filed several National Grievances challenging the VA’s implementation of the 2017 Accountability Act. NVAC prevailed in two main cases challenging the use of the disciplinary authority in 38 U.S.C. §714. Both cases were arbitrated and subsequently appealed to the FLRA. When the VA failed to comply with the arbitration awards and FLRA decisions, NVAC was forced to file unfair labor practices with the FLRA for enforcement. Through mediation, we were able to reach favorable settlements in both cases. 

First, in NG-9/29/17, NVAC challenged VA’s failure to provide PIPs to AFGE BUEs prior to taking performance-based actions. Following an arbitration award from Jerome Ross, this matter was settled in July 2022 (Ross Settlement) and more information on the Ross Settlement can be found at www.afge.org/VAPIPsettlement. 

Second, in NG-8/1/17, NVAC challenged VA’s failure to satisfy bargaining obligations prior to implementing Section 714. Following an arbitration award from Hyman Cohen, this matter was settled on July 28, 2023 (Cohen Settlement) and more information on the Cohen Settlement can be found here: www.afge.org/VA714settlement. 

The Cohen Settlement provides relief to certain categories of employees adversely affected by the VA’s unlawful implementation of the disciplinary authority in Section 714 and who were not made whole under the Ross Settlement. 

Those employees, known as “Eligible AFGE BUEs” under the Cohen Settlement, are entitled to certain relief based on the unique facts and circumstances of their case. In the coming months, VA will mail a “Employee Notification” to all Eligible AFGE BUEs. Those letters will outline the next steps in the process, including how they may opt-in to the Cohen Settlement to receive the agreed-upon form of relief. All Eligible AFGE BUEs must opt-in by electronically submitting a signed “Remedy Election Form.”

All Eligible AFGE BUEs MUST OPT-IN to the Cohen Settlement and submit any necessary information/documents before they can receive relief. Instructions for doing so will be included on the correspondence from VA, including:

1. Employee Notification: used to create an online account and receive subsequent information from VA by email.
2. Remedy Election Form: used to opt-in or opt-out of the Settlement Agreement.
3. Vendorization Form: used to receive electronic payment from VA, if eligible.

For more information and a copy of the Cohen Settlement, please visit www.afge.org/VA714Settlement. We will post additional updates on this webpage as they become available. Questions can be directed to 714actions@afge.org. Thank you.