The United States Federal Labour Relations Authority (FLRA) has reaffirmed its decision to bar the Department of Veterans Affairs (VA) from implementing the 2017 VA Accountability and Whistleblower Protection Act, a law that made it easier to fire employees.
The Department had sought to convince the FLRA it should reconsider its decision, made in the waning months of President Donald Trump’s term, but the panel found there was no compelling reason for it to do so.
Mr Trump had repeatedly highlighted the Act as one of the key legislative accomplishments of his term and as a significant step in cracking down on misbehaving and poorly performing Public Servants.
However, its enforcement has been mired in controversy since its passage.
A Federal Court ruled last year that the Department could not apply the law retroactively and that appellate judges could review whether the selected punishment fitted an employee’s alleged misbehaviour.
The FLRA first upheld a 2018 arbitrator’s ruling last year, which found the Department had violated its collective bargaining agreement with the American Federation of Government Employees when it eliminated the offering of ‘performance improvement plans’ to erring employees from the pre-disciplinary process.
The denial of the Department’s motion to reconsider reaffirms a requirement for it to reinstate all employees fired without first being provided with such a plan.
Spokesperson for the Department, Mark Ballesteros said it was “reviewing the FLRA’s decision to determine its next course of action”.
However, the Administration of President Joe Biden has forged a completely different path with Federal employee unions and has promised to reverse all of Mr Trump’s efforts to water down Public Service protection laws, making it less likely the Department will fight the ruling further.
Washington, 1 July 2021
