“The defendants identify an irreparable harm that stems directly from the enforcement order's ‘compliance’ directive…”
Declining to stay a preliminary injunction against the termination of a labor contract by the Department of Veterans Affairs, the First Circuit nonetheless granted the agency a stay of a subsequent order directing it to “compl[y] with the... CBA, along with any ‘amendments, local supplemental agreements, and memoranda of understanding related thereto’... in both form and substance,” as well as its directive that the defendants “continue to... process[]” “the currently pending grievances and arbitrations submitted under the... CBA.” Rejecting the agency’s newly-raised argument that the President’s decision to exclude the VA from the Federal Service Labor-Management Relations Statute rendered the contract “inoperable,” the appeals court nonetheless found that, given the absence of an explanation by the district court of the basis for its authority to order “specific performance” of the contract, that additional order could not be sustained (American Federation of Government Employees Local 2305 v. United States Department of Veterans Affairs, No. 26-1321 (1st Cir. May 16, 2026)).
Executive order. On March 27, 2025, according to the court, the President issued an executive order (EO) pursuant to 5 U.S.C. § 7103(b)(1) in which he excluded the VA from the coverage of the Federal Service Labor-Management Relations Statute (FSLMRS). In the EO, the President “...
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