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VA COVID Vaccine Settlement

The NVAC National Training and Education Committee is pleased to announce that we will be holding a VIRTUAL TITLE 38 TRAINING on June 28, 2023 from 12:00-4:00pm ET. 

This training will include roughly 3 hours of instruction on the nuts and bolts of Title 38, focusing on what you need to be an effective AFGE representative for Title 38 employees. We will also have a Question and Answer session with NVAC Title 38 experts who are great resources for you and your fellow unionists. 

Official time for this training has been authorized by VACO-LMR.

More information and registration at http://afgenvac.org/training-education/

Our West Coast National Rep

I’m excited to announce that Gabriel Lopez was appointed by NVAC President Alma Lee. I’m confident that Gabriel will be a great asset for NVAC and our D12 locals. Congratulations Gabriel, ¡Si Se Puede!

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AFGE NVAC is finally returning to the negotiating table with the VA in March 2022. We’ll be negotiating on a two-weeks-on two-weeks-off basis, fighting for the rights of NVAC members and their families every step of the way.

By subscribing to this newsletter, you will receive bi-weekly email updates on the contract negotiations process as we renegotiate for a worker-centered contract. It is imperative that you stay informed and engaged to keep up the momentum, so subscribe to make your voice a part of this process.

Together, we can secure historic victories to better serve VA workers and our nation’s veterans for years to come.

Important Information about website to use to join lawsuit seeking Hazard Pay for COVID-19

As we hope you all know, AFGE, along with Heidi Burakiewicz of the law firm Kalijarvi, Chuzi, Newman & Fitch (“KCNF”), filed the first lawsuit on behalf of workers arising out of the pandemic. Now we need to spread the word among our members that it is time to sign up for the lawsuit. The COVID-19 Hazard Pay Lawsuit electronic sign-up form is available at https://www.HazardPayLawsuit.com/.Here are some IMPORTANT FACTS about the case:You MUST fill out and submit the form on the website to join the case and be eligible to receive damages.Unlike traditional class actions where people are automatically included, you MUST sign up to be part of a case pending at the Court of Federal Claims or alleging a violation of the Fair Labor Standards Act (“FLSA”). Only the people who fill out and submit the necessary forms will be eligible to recover damages from our case. The link to the sign-up form is: https://www.HazardPayLawsuit.com/. The case is for ALL affected employees.Our lawsuit was filed on behalf of all eligible federal employees who were exposed to COVID-19 during the performance of their official duties as long as their position description does not take into account exposure to infectious diseases like COVID-19. As we have said before, we are sending this message to let you know that AFGE has you covered.AFGE and Heidi Burakiewicz, a partner at KCNF, have been leading the fight to ensure that federal workers who put their health and safety on the line by reporting to work during the COVID-19 pandemic receive hazard pay. We are proud to have filed the first lawsuit on behalf of workers arising out of the pandemic, but unfortunately as our case proceeded, several other lawsuits were filed seeking hazard pay for certain groups of federal employees. In one of those cases, the judge dismissed the case. The attorney in that case is appealing the dismissal to the Court of Appeals for the Federal Circuit. The government has moved to stay our case until that appeal is decided.We always knew this was going to be a tough fight, and that it could be a lengthy fight. But we know it’s a fight worth having – one that workers should win.AFGE is committed to continuing to fight to assure that eligible federal employees are compensated for the risks they face of exposure to COVID-19 in the workplace. We are disheartened that the pandemic continues to negatively affect so many of our members and their families. That is why we will continue to pursue this matter in the courts and will continue to get the message out that federal employees deserve hazard pay.Again, you can sign up to be part of the lawsuit at: https://www.HazardPayLawsuit.com/. You will find more information about the case on the website. Please remember, you MUST fill out and submit the necessary forms to be eligible to recover damages from our case. If you have any questions, please feel free to contact KCNF by email at Covid19HazardPay@kcnlaw.com or by calling the law firm on the phone during normal business hours at 202-331-9260. To make sure you receive emails from the KCNF about this lawsuit, please add Covid19HazardPay@kcnlaw.com to your email address book.

TAKE ACTION NOW TO ENSURE A VOICE ON THE JOB!

Call the Senate hotline at 202-410-7717 and the House of Representatives hotline at 202-519-0122

Tell your Senators and your Representatives in Congress to:

1. 1  Co-sponsor the VA Employee Fairness Act and demand that Secretary. McDonough supports HR 1948 (House Bill) and S 771 (Senate Bill) to give RNs full collective bargaining rights to ensure that RNs have a voice to advocate for our veterans,
2. 2  Demand Secretary McDonough immediately signs our contract as agreed to by the VA and the NNOC/ NNU bargaining teams in 2018, and
3. 3  Fully implement President Biden’s Executive Order, Protecting Federal Workforce and revoke the USC 7422 decision letter on official time for Title 38 employees.

On the floor of the House @RepMarkTakano reveals 185 VA staff, including doctors and nurses, have tested positive for #COVID19

(@DeptVetAffairs has not been posting employee counts)

571 veteran patients also have been infected. 9 deaths
https://t.co/eUk3IehrNM

— Aaron Glantz (@Aaron_Glantz) March 27, 2020

Weather and Safety Leave During COVID-19 Pandemic 

WEATHER AND SAFETY LEAVE

The U.S. Department of Veterans Affairs (VA) is the nation’s largest healthcare system.  The American Federation of Government Employees National VA Council (AFGE/NVAC) represents approximately 260,000 bargaining unit employees at the VA.  As a result of the VA’s response to the COVID-19 pandemic, AFGE/NVAC received a substantial number of inquiries from front-line employees concerning Weather and Safety Leave (WSL).  We understand your concerns and have developed this guide to summarize the issue of WSL and address some of your frequently asked questions.  

What Is WSL?

The Administrative Leave Act of 2016 created four types of administrative leave, one of which is WSL.[1]  There are also government-wide regulations[2] and VA policy[3] regarding the use of WSL.

WSL is a form of discretionary, paid leave that may be provided to eligible federal employees when weather or safety-related conditions prevent them from safely traveling to or safely performing work at an approved location due to an act of God, terrorist attack, or other applicable condition.  

Does COVID-19 Qualify As An Applicable Condition?

Yes, federal agencies may grant WSL in connection with the COVID-19 pandemic.[4] 

Who Is Eligible For WSL?

The law permits the VA to grant WSL to most employees.  However, “intermittent employees” are not eligible and those designated by the VA as “emergency employees” (i.e., critical to VA operations) may not be eligible. The VA must notify “emergency employees” of this designation as far in advance as possible.[5]  Please note the designation of “emergency employees” is distinct from the designation of “essential employees.”

When Should The VA Grant WSL?

The VA’s decision to grant or deny WSL is discretionary.  For example, WSL may be granted when: 

• An asymptomatic employee is subject to movement restrictions or quarantine;
• An asymptomatic employee is “at risk for serious illness from COVID-19” per CDC guidance;
• An asymptomatic employee is ordered, by the VA, not to report to work.

What About Telework?

If you participate in a telework program, the VA may direct you to telework and deny a request for WSL.[6]  Please consult your AFGE Local President to ensure you have adequate telework resources. 

Further Assistance & Additional COVID-19 Resources

On behalf of AFGE/NVAC, we thank you for all that you do to support the mission of the VA.  If you need further assistance, please contact your AFGE Local President.  Additional COVID-19 resources: 

• AFGE members-only website: www.afge.org/coronavirus. 
• OSHA: https://www.osha.gov/SLTC/covid-19/
• CDC: https://www.cdc.gov/coronavirus/2019-ncov/index.html

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[1] 5 U.S.C. §6329c.  

[2] 5 C.F.R. Part 630, Subpart P (Weather and Safety Leave).

[3] VA Handbook 5011/34 (Hours of Duty and Leave), Part III, Chapter 2.

[4] OMB Memorandum M-20-13 (March 12, 2020). 

[5] 5 CFR 630.1605(b).

[6] 5 CFR 630.1605(a).