Case: American Federation of Government Employees Local 2305 v. United States Department of Veterans Affairs

American Federation of Government Employees National VA Council v. United States Department of Veterans Affairs

American Federation of Government Employees National VA Council v. United States Department of Veterans Affairs

American Federation of Government Employees National VA Council v. United States Department of Veterans Affairs

COMPLAINT ( filing fee paid $ 405.00, receipt number ARIDC-2204972 ), filed by American Federation of Government Employees Local 2305, American Federation of Government Employees National VA Council. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Civil Cover Sheet, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons)(Iafrate, Carly) (Entered: 11/04/2025)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Civil Cover Sheet

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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MOTION for Alexandra Wheeler to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2205002 ) filed by All Plaintiffs. (Iafrate, Carly) (Entered: 11/04/2025)

MOTION for Brook Dooley to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2205006 ) filed by All Plaintiffs. (Iafrate, Carly) (Entered: 11/04/2025)

MOTION for JiLon Lee to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2205009 ) filed by All Plaintiffs. (Iafrate, Carly) (Entered: 11/04/2025)

MOTION for Taylor L. Reeves to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2205020 ) filed by All Plaintiffs. (Iafrate, Carly) (Entered: 11/04/2025)

CASE OPENING NOTICE ISSUED (Simoncelli, Michael) (Entered: 11/04/2025)

MOTION for Travis Silva to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2205025 ) filed by All Plaintiffs. (Iafrate, Carly) (Entered: 11/04/2025)

NOTICE of Appearance by Carly B. Iafrate on behalf of All Plaintiffs (Iafrate, Carly) (Entered: 11/04/2025)

EXHIBIT IN SUPPORT by All Plaintiffs in support of 1 Complaint, Exhibit A - Part 1. (Iafrate, Carly) (Entered: 11/04/2025)

EXHIBIT IN SUPPORT by All Plaintiffs in support of 1 Complaint, Exhibit A - Part 2. (Iafrate, Carly) (Entered: 11/04/2025)

Summons Issued as to Douglas Collins, United States Department of Veterans Affairs, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Simoncelli, Michael) (Entered: 11/04/2025)

Case Assigned/Reassigned

Order on Motion to Appear Pro Hac Vice

Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Patricia A. Sullivan. (Simoncelli, Michael)

TEXT ORDER granting 2 Motion to Appear Pro Hac Vice of Alexandra Wheeler. So Ordered by District Judge Melissa R. DuBose on 11/4/2025. (Hill, Cherelle)

TEXT ORDER granting 3 Motion to Appear Pro Hac Vice of Brook Dooley. So Ordered by District Judge Melissa R. DuBose on 11/4/2025. (Hill, Cherelle)

TEXT ORDER granting 4 Motion to Appear Pro Hac Vice of JiLon Li. So Ordered by District Judge Melissa R. DuBose on 11/4/2025. (Hill, Cherelle)

TEXT ORDER granting 5 Motion to Appear Pro Hac Vice of Taylor L. Reeves. So Ordered by District Judge Melissa R. DuBose on 11/4/2025. (Hill, Cherelle)

TEXT ORDER granting 7 Motion to Appear Pro Hac Vice of Travis Silva. So Ordered by District Judge Melissa R. DuBose on 11/4/2025. (Hill, Cherelle)

CERTIFICATE OF SERVICE Returned Executed by American Federation of Government Employees Local 2305, American Federation of Government Employees National VA Council. Douglas Collins served on 11/6/2025, answer due 1/5/2026; United States Department of Veterans Affairs served on 11/6/2025, answer due 1/5/2026. (Silva, Travis) Modified on 11/17/2025 to correct docket text (Urizandi, Nissheneyra). (Entered: 11/14/2025)

AMENDED COMPLAINT against All Defendants, filed by American Federation of Government Employees Local 2305, American Federation of Government Employees National VA Council. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Silva, Travis) (Entered: 11/25/2025)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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MOTION for Preliminary Injunction filed by All Plaintiffs. Responses due by 12/9/2025. (Attachments: # 1 Supporting Memorandum, # 2 Decl. of T. Silva, # 3 Decl. of W. Wetmore, # 4 Decl. of M. Burke, # 5 Decl. of F. Sacchi, # 6 Decl. of S. Chaves, # 7 Decl. of I. Kedson, # 8 Decl. of D. Mitchell)(Silva, Travis) (Entered: 11/25/2025)

1 Supporting Memorandum

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2 Decl. of T. Silva

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3 Decl. of W. Wetmore

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4 Decl. of M. Burke

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5 Decl. of F. Sacchi

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6 Decl. of S. Chaves

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7 Decl. of I. Kedson

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8 Decl. of D. Mitchell

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NOTICE of Appearance by Andrea Lena Hyatt on behalf of All Defendants (Hyatt, Andrea) (Entered: 12/02/2025)

Joint MOTION for an Extension of Time to File Response/Reply as to 14 MOTION for Preliminary Injunction filed by Douglas Collins, United States Department of Veterans Affairs. Responses due by 12/19/2025. (Hyatt, Andrea) (Entered: 12/05/2025)

TEXT ORDER granting 16 Motion for Extension of Time to File Response/Reply re 14 MOTION for Preliminary Injunction . Responses due by 12/19/2025. Replies due by 1/6/2026. So Ordered by District Judge Melissa R. DuBose on 12/8/2025. (Simoncelli, Michael)

Order on Motion for Extension of Time to File Response/Reply

RESPONSE In Opposition to 14 MOTION for Preliminary Injunction filed by Douglas Collins, United States Department of Veterans Affairs. Replies due by 12/26/2025. (Attachments: # 1 Affidavit)(Hyatt, Andrea) (Entered: 12/19/2025)

1 Affidavit

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Assented MOTION for an Extension of Time to File Answer re 13 Amended Complaint, filed by All Defendants. Responses due by 1/14/2026. (Hyatt, Andrea) (Entered: 12/31/2025)

TEXT ORDER granting 18 Motion for Extension of Time. Reset Deadlines as to 14 MOTION for Preliminary Injunction: Responses due by 2/4/2026. So Ordered by District Judge Melissa R. DuBose on 1/5/2026. (Urizandi, Nissheneyra)

AMENDED TEXT ORDER granting 18 Motion for Extension of Time. Reset Deadlines: Defendants U.S. Dept of Veteran Affairs and Douglas A. Collins shall file a responsive pleading to the plaintiffs' Amended Complaint, ECF No. 13, on or before February 4, 2026. So Ordered by District Judge Melissa R. DuBose on 1/5/2026. (Urizandi, Nissheneyra) Modified on 1/6/2026 (Urizandi, Nissheneyra).

Order on Motion for Extension of Time to Answer

REPLY to Response re 17 Response to Motion, filed by American Federation of Government Employees Local 2305, American Federation of Government Employees National VA Council. (Attachments: # 1 Declaration of T. Reeves)(Silva, Travis) (Entered: 01/06/2026)

1 Declaration of T. Reeves

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NOTICE of Hearing re 14 MOTION for Preliminary Injunction: Hearing set for 2/19/2026 at 11:00 AM in Courtroom 4 before District Judge Melissa R. DuBose. (Urizandi, Nissheneyra)

Notice of Hearing on Motion

Assented MOTION for an Extension of Time to File Answer re 13 Amended Complaint, filed by All Defendants. Responses due by 2/12/2026. (Hyatt, Andrea) (Entered: 01/29/2026)

TEXT ORDER granting 20 Motion for Extension of Time to Answer. Defendants shall file an answer or otherwise respond to Plaintiffs' Amended Complaint for Declaratory and Injunctive Relief, ECF No. 13, on or before March 6, 2026. So Ordered by District Judge Melissa R. DuBose on 1/30/2026. (Urizandi, Nissheneyra)

Order on Motion for Extension of Time to Answer

NOTICE of Appearance by Tyler J. Becker on behalf of All Defendants (Becker, Tyler) (Entered: 02/17/2026)

NOTICE by American Federation of Government Employees Local 2305, American Federation of Government Employees National VA Council of Supplemental Authority (Attachments: # 1 Declaration of Alexandra Wheeler ISO Notice of Supplemental Authority)(Silva, Travis) (Entered: 02/18/2026)

1 Declaration of Alexandra Wheeler ISO Notice of Supplemental Authority

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Minute Entry for proceedings held before District Judge Melissa R. DuBose: Motion Hearing held on 2/19/2026 re 14 MOTION for Preliminary Injunction filed by American Federation of Government Employees National VA Council, American Federation of Government Employees Local 2305. (T. Silva, J. Li, T. Becker, A. Wyatt) Arguments heard. The Court takes matter under advisement and will issue a written ruling at a later date. (Court Reporter Lisa Schwam in Courtroom 4 at 11:00 AM) (Urizandi, Nissheneyra) Modified on 2/27/2026 to change date of hearing. (Urizandi, Nissheneyra).

TRANSCRIPT ORDER for proceedings held on February 19, 2026 before Judge Melissa R. Dubose. Expedited Transcript selected. Transcript to be delivered within 7 calendar days.. (Wheeler, Alexandra) (Entered: 02/24/2026)

TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 23 Transcript Order. Court Reporter/Transcriber: Lisa Schwam. (Dias, Jennifer) (Entered: 02/25/2026)

TRANSCRIPT ORDER for proceedings held on 2/19/2026 before Judge Dubrose. Ordinary Transcript delivery selected. Transcript to be delivered in 30 days.. (Hyatt, Andrea) (Entered: 02/25/2026)

NOTICE by American Federation of Government Employees Local 2305, American Federation of Government Employees National VA Council of Supplemental Authority (Silva, Travis) (Entered: 02/26/2026)

Motion Hearing

NOTICE by Douglas Collins, United States Department of Veterans Affairs re 26 Notice (Other) Responding to Plaintiffs' Notice of Supplemental Authority (Hyatt, Andrea) (Entered: 03/02/2026)

Assented MOTION for an Extension of Time to File Answer re 13 Amended Complaint, filed by All Defendants. Responses due by 3/19/2026. (Hyatt, Andrea) (Entered: 03/05/2026)

TEXT ORDER granting 28 Motion for Extension of Time to Answer. Douglas Collins answer due 4/6/2026; United States Department of Veterans Affairs answer due 4/6/2026. So Ordered by District Judge Melissa R. DuBose on 3/10/2026. (Urizandi, Nissheneyra)

Order on Motion for Extension of Time to Answer

TRANSCRIPT of Preliminary injunction hearing held on 02/19/2026 before Judge DuBose. Court Reporter/Transcriber Lisa Schwam, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 4/2/2026. Redacted Transcript Deadline set for 4/13/2026. Release of Transcript Restriction set for 6/10/2026. (Schwam, Lisa) (Main Document 29 replaced on 3/13/2026) (Urizandi, Nissheneyra). (Entered: 03/12/2026)

MEORANDUM AND ORDER: The Plaintiffs' Motion for Preliminary Injunction (ECF No. 14 ) is GRANTED. The Defendants shall reinstate the Master CBAas well as any amendments, local supplemental agreements, and memoranda of understanding that were in place subsidiary to the Master CBAfor the remainder of the agreed-upon term provided in the Master CBA. So Ordered by District Judge Melissa R. DuBose on 3/13/2026. (Urizandi, Nissheneyra) (Entered: 03/13/2026)

NOTICE by American Federation of Government Employees Local 2305, American Federation of Government Employees National VA Council re 30 Order on Motion for Preliminary Injunction, [Notice of Posting Bond] (Silva, Travis) (Entered: 03/16/2026)

DOCKET NOTE: Received $1000.00 Bond Payment from Carly B. Iafrate. (Hill, Cherelle)

Public Docket Note

MOTION to Clarify 30 Order on Motion for Preliminary Injunction, filed by Douglas Collins, United States Department of Veterans Affairs. Responses due by 4/3/2026. (Hyatt, Andrea) (Entered: 03/20/2026)

MOTION Enforce Preliminary Injunction Order filed by All Plaintiffs. Responses due by 4/3/2026. (Attachments: # 1 Supporting Memorandum, # 2 Declaration of Alexandra Wheeler and Exhibits in support)(Silva, Travis) (Entered: 03/20/2026)

1 Supporting Memorandum

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2 Declaration of Alexandra Wheeler and Exhibits in support

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AMENDED TEXT ORDER: The Government is directed to respond to the 33 MOTION Enforce Preliminary Injunction Order on Tuesday, March 24, 2026 by close of business day. Replies are due on Thursday, March 26, 2026 by close of business day. So Ordered by District Judge Melissa R. DuBose on 3/22/2026. (Urizandi, Nissheneyra)

Order

TEXT ORDER: Before the Court is Defendants Motion to Clarify the Preliminary Injunction entered on March13, 2026. ECF No. 32 . The Defendants claim to be confused by two ambiguities they perceive in the text of the preliminary injunction order. The Court does not know how to state the order any more simply or directly. The Court concluded that the Plaintiffs are likely to succeed on the merits of their claim that the August 2025 termination of the Master CBA was a retaliatory action in violation of the First Amendment and an arbitrary and capricious agency action in violation of the APA. The Court ordered the Defendants to reinstate the Master CBA. The additional plain language simply acknowledges that the Master CBA has an agreed-upon term and may have "amendments, local supplemental agreements, and memoranda of understanding" related thereto using the terms employed by Plaintiffs in their motion, ECF No. 14 at 2, and not questioned by the Defendants in their response in opposition. The Court is at a loss to understand how that conclusion and the resulting injunction could possibly be read to order that (1) the Defendants are wholesale prohibited from terminating the Master CBA again prior to the end of the three-year term governing the contract or (2) the Defendants must reinstate any contract that is not encompassed by the Master CBA and agreements related thereto as identified above. To reinstate the Master CBA means that all parties covered by this contract will continue to be covered by this contract until it is terminated or amended in a lawful manner. As the Defendants themselves explain in their pending motion, to have entered an order enjoining the Defendants beyond the scope the Court articulated would step beyond the Courts authority at this juncture of the case. The Defendants' Motion to Clarify is, accordingly, GRANTED. As the Defendants prepare their response to the Plaintiffs' pending Motion for Enforcement (ECF No. 33 ), the Court expects that the Defendants' compliance with the plain language of the preliminary injunction order will not be delayed. To be clear, the pending motion for enforcement is no reason to delay compliance with the Court's March 13, 2026 order to reinstate the Master CBA in full. So Ordered by District Judge Melissa R. DuBose on 3/23/2026. (Urizandi, Nissheneyra)

Order on Motion to Clarify

RESPONSE In Opposition to 33 MOTION Enforce Preliminary Injunction Order filed by All Defendants. Replies due by 3/31/2026. (Hyatt, Andrea) (Entered: 03/24/2026)

NOTICE of Hearing re 33 MOTION Enforce Preliminary Injunction Order: Hearing set for 3/27/2026 at 9:30 AM by Zoom Hearing before District Judge Melissa R. DuBose. Zoom access information will be emailed to all counsel. The public will be able to access this hearing on the Court's YouTube channel: www.YouTube.com/USCourtsRID.

Notice of Hearing on Motion

REPLY to Response re 34 Response to Motion to Enforce the Preliminary Injunction filed by All Plaintiffs. (Silva, Travis) (Entered: 03/26/2026)

STATUS REPORT by All Defendants. (Attachments: # 1 Exhibit Notice)(Hyatt, Andrea) (Entered: 03/26/2026)

1 Exhibit Notice

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NOTICE by American Federation of Government Employees Local 2305, American Federation of Government Employees National VA Council re 36 Status Report Response to Defendants Status Report (Silva, Travis) (Entered: 03/26/2026)

TRANSCRIPT ORDER for proceedings held on 3/27/2026 before Judge DuBose. Daily Transcript selected. Transcript to be delivered following adjournment and prior to the normal opening hour of court on the following morning.. (Hyatt, Andrea) (Entered: 03/27/2026)

ORDER granting 33 MOTION Enforce Preliminary Injunction Order. So Ordered by District Judge Melissa R. DuBose on 3/27/2026. (Urizandi, Nissheneyra) (Entered: 03/27/2026)

TRANSCRIPT ORDER for proceedings held on 3/27/2026 before Judge Melissa R. Dubose. Daily Transcript selected. Transcript to be delivered following adjournment and prior to the normal opening hour of court on the following morning.. (Wheeler, Alexandra) (Entered: 03/27/2026)

TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 38 Transcript Order, 40 Transcript Order,. Daily Transcript Ordered. Court Reporter/Transcriber: Lisa Schwam. (Dias, Jennifer) (Entered: 03/27/2026)

NOTICE OF APPEAL by Douglas Collins, United States Department of Veterans Affairs as to 30 Memorandum and Order re: 14 Motion for Preliminary Injunction, 39 Order on Motion Enforce Preliminary Injunction Order. (No fee paid, USA, Waived by Statute, or IFP.) NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf Appeal Record due by 4/3/2026. (Hyatt, Andrea) Docket text corrected on 3/27/2026 to reflect correct the names of the motions linked to the appeal. (Gonzalez Gomez, Viviana) (Entered: 03/27/2026)

CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b) re: 42 Notice of Appeal. Documents Sent: 30, 39. (Attachments: # 1 Record on Appeal) (Gonzalez Gomez, Viviana) (Entered: 03/27/2026)

1 Record on Appeal

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TRANSCRIPT of Motion held on 03/27/2026 before Judge DuBose. Court Reporter/Transcriber Lisa Schwam, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 4/17/2026. Redacted Transcript Deadline set for 4/27/2026. Release of Transcript Restriction set for 6/25/2026. (Schwam, Lisa) (Entered: 03/27/2026)

USCA Case Number

USCA Case Number 26-1321 for 42 Notice of Appeal, filed by Douglas Collins, United States Department of Veterans Affairs. (Gonzalez Gomez, Viviana)

Emergency MOTION to Stay re 30 Order on Motion for Preliminary Injunction, 39 Order on Motion for Miscellaneous Relief filed by All Defendants. Responses due by 4/13/2026. (Attachments: # 1 Supporting Memorandum, # 2 Exhibit Engelbaum Decl.)(Becker, Tyler) (Entered: 03/29/2026)

1 Supporting Memorandum

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2 Exhibit Engelbaum Decl.

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Order

TEXT ORDER: Plaintiffs' response to the 45 Emergency Motion to Stay shall be filed by close of business on Wednesday, April 1, 2026. The contempt proceeding is held in abeyance pending the Circuit's disposition of the appeal. So Ordered by District Judge Melissa R. DuBose on 3/30/2026. (Urizandi, Nissheneyra)