As you are aware, VA reopened our Master Agreement in January, 2003.  We negotiated Ground Rules for these negotiations with a team of VA Managers who were different than the actual negotiating team.

When we went to the table to negotiate, the new team of VA Managers did not care for the ground rules and there was a different interpretation. 

The VA filed a ULP against the Union requesting that we give them all of our Articles at once.  The FLRA said we were not obligated to conform to this requirement.  We won that ruling.  The Union then filed a Grievance on the Agency stipulating that if we reached a consensus on an Article, we should "initial off".  We lost that decision which was not detrimental, because it meant that neither party had to sign off if we agreed on an Article. 

In 2005, VA rescinded the notification to renegotiate the Master Agreement based on the fact that they could not negotiate unless they had all of our Articles.  Furthermore, the VA stated that they could not renegotiate a new Master Agreement under the existing conditions that AFGE had set, although both parties had signed off on the Ground Rules. 

In May of 2005, the AFGE VA Council filed a National Grievance alleging that the VA violated 5 USC §§7116 (a) (1) (5) and (8), as well as Article 61 of the Master Agreement and Ground Rules, when it repudiated the Ground Rules and unilaterally terminated the renegotiation of the Master Agreement. AFGE sought to continue renegotiations under the same Ground Rules rather than have to negotiate new Ground Rules. 

I am happy to report that WE WON THIS GRIEVANCE AS WELL.  

Attached you will find a copy of the Opinion and Award.