Legislative Alert | Labor Law

Letter to the House Committee on Veterans’ Affairs Urging Them to Oppose Legislation That Would Destroy Civil Service Protections and Make it Harder for the VA to Recruit and Retain Top-Notch Workforce

Dear Chairman Wenstrup and Ranking Member Takano, 

On behalf of the AFL-CIO, I am writing to strongly urge you to oppose H.R. 1994, introduced by House Veterans’ Affairs (VA) Committee Chairman Jeff Miller (R-FL), as well as the Wenstrup substitute amendment. Instead, we urge you to support the Takano substitute amendment, which would put in place alternative accountability measures to reduce mismanagement and strengthen protections against retaliation and other prohibited personnel practices. 

H.R. 1994 eliminates fundamental due process rights for non-management VA employees, including over 100,000 veterans in the VA workforce. These include housekeepers, police officers, cemetery workers, physician assistants, nurses, claims representatives, psychiatrists, psychologists, and social workers. 

If H.R. 1994 or the Wenstrup substitute were enacted, all affected employees would become at-will and subject to the whim of managers engaging in discrimination, retaliation, and patronage. Without the rights currently given to non-management VA employees, the VA civil service will return to a patronage system. These rights include 30 days advance notice, seven days to respond, representation, and receipt of a written decision. In this context, VA employees may fear speaking in the workplace or at the witness table about problems in the agency. 

Current civil service rules do not keep management from holding employees accountable. In fact, the VA fired nearly 2,600 employees for cause in FY 2014, and demoted and suspended thousands of others. The VA’s termination rates (as a percentage of total workforce) are substantially higher than those for the civilian workforces of the Army, Air Force, Navy, and Department of Defense.

The AFL-CIO also opposes provisions to extend the one-year probationary periods of more than 70,000 Hybrid Title 38 employees of the VA health care system. If enacted, these employees would face 18-month probationary periods and the Secretary would have unfettered discretion to extend these to two or three years, or longer. This is another assault on due process and will do nothing to increase accountability in the VA. The longer the VA keeps an employee in probationary status without rights or job security, the harder it will be to recruit and retain a high-quality workforce—and the more likely these probationary employees will suffer in a potentially hostile workplace. 

Ranking Member Takano’s substitute would establish improved employee accountability measures while protecting the basic due process rights of the front line workforce. The Takano substitute includes an exception to current civil service protections where an employee presents a direct threat to public health, but would retain post –removal appeal rights, including notice, a hearing and a written decision. 

In sum, we urge you to oppose H.R. 1994 and the Wenstrup substitute, either of which would destroy critical civil service protections and the VA’s ability to recruit and retain a top-notch workforce. Instead, we urge you to support the Takano substitute that would preserve the ability of front-line employees to continue to speak up for veterans, create new tools to reduce mismanagement, and protect veterans and other vulnerable employees from hostile workplace cultures. 

Sincerely, 

William Samuel, Director
Government Affairs Department