05/19/2026
Congratulations 👏🏻 👏🏻 👏🏻
The First Circuit Court of Appeals, in a unanimous decision, upheld the preliminary injunction reinstating the largest collective bargaining agreement for VA employees. The First Circuit has denied the VA's plea for an emergency stay; as a result, the preliminary injunction granted to the NVAC by Judge DuBose on March 13th, 2026, stays in place. This is a milestone worth recognizing and a reminder that when we stand together, we can make a difference for VA employees and U.S. veterans everywhere.
In their decision denying the VA’s emergency motion to stay the preliminary injunction, the three-judge panel stated,
“[T]he defendants have not shown that the preliminary injunction likely was issued in error. Accordingly, we must separately account for the public's interest in the CBA – which is provided for and governed by federal law – being kept in place as a binding agreement until lawfully terminated.
“The defendants have not made the requisite ‘strong showing’ in their stay motion that they are likely to succeed in challenging the preliminary injunction in their pending appeal. Nor have they shown that staying that injunction in the interim would not cause substantial injury to the plaintiffs or the public.”
