U.S. Code » Title 38 » Part PART III— READJUSTMENT AND RELATED BENEFITS › Chapter CHAPTER 41— JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR VETERANS

38 U.S.C. § 4108

Cooperation and coordination

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(a) In carrying out the Secretary’s responsibilities under this chapter, the Secretary shall from time to time consult with the Secretary of Veterans Affairs and keep the Secretary of Veterans Affairs fully advised of activities carried out and all data gathered pursuant to this chapter to insure maximum cooperation and coordination between the Department of Labor and the Department of Veterans Affairs.(b) The Secretary of Veterans Affairs shall provide to appropriate employment service offices and Department of Labor offices, as designated by the Secretary, on a monthly or more frequent basis, the name and address of each employer located in the areas served by such offices that offer a program of job training which has been approved by the Secretary of Veterans Affairs under section 7 of the Veterans’ Job Training Act (29 U.S.C. 1721 note).(Added Pub. L. 92–540, title V, § 502(a), Oct. 24, 1972, 86 Stat. 1097, § 2008; amended Pub. L. 94–502, title VI, § 606(4), Oct. 15, 1976, 90 Stat. 2405; Pub. L. 100–323, §§ 6(b)(1), (2)(A), 15(a)(2), May 20, 1988, 102 Stat. 564, 574; Pub. L. 101–237, title IV, § 423(b)(8), Dec. 18, 1989, 103 Stat. 2093; renumbered § 4108, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)Editorial NotesReferences in Text

Section 7 of the Veterans’ Job Training Act, referred to in subsec. (b), is section 7 of Pub. L. 98–77, which is set out as a note under section 1721 of Title 29, Labor.

Prior Provisions

Prior section 4108, added Pub. L. 93–82, title II, § 204(a), Aug. 2, 1973, 87 Stat. 190; amended Pub. L. 94–123, § 5(e), Oct. 22, 1975, 89 Stat. 675; Pub. L. 94–581, title I, § 110(7), title II, §§ 205(f), 209(a)(1), (2), (c)(4), 210(c)(5), Oct. 21, 1976, 90 Stat. 2849, 2859, 2860, 2862, 2864; Pub. L. 96–22, title V, § 501, June 13, 1979, 93 Stat. 64; Pub. L. 96–330, title I, § 113(a), Aug. 26, 1980, 94 Stat. 1038; Pub. L. 97–295, § 4(83), Oct. 12, 1982, 96 Stat. 1312; Pub. L. 101–237, title II, § 206(a), Dec. 18, 1989, 103 Stat. 2067, related to personnel administration, prior to repeal by Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See sections 7402, 7421, 7423, and 7424 of this title.

Another prior section 4108, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1246; Pub. L. 86–568, title I, § 114(g), July 1, 1960, 74 Stat. 301; Pub. L. 87–574, § 3, Aug. 6, 1962, 76 Stat. 308; Pub. L. 87–793, § 803(a), Oct. 11, 1962, 76 Stat. 860, related to administration, prior to repeal by section 204(a) of Pub. L. 93–82.

Amendments

1991—Pub. L. 102–83 renumbered section 2008 of this title as this section.

1989—Pub. L. 101–237 substituted “Secretary of Veterans Affairs” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, wherever appearing.

1988—Pub. L. 100–323, § 6(b)(2)(A), struck out “with the Veterans’ Administration” after “Cooperation and coordination” in section catchline.

Subsec. (a). Pub. L. 100–323, § 15(a)(2), struck out “of Labor” after “Secretary”.

Pub. L. 100–323, § 6(b)(1)(A), designated existing provisions as subsec. (a).

Subsec. (b). Pub. L. 100–323, § 6(b)(1)(B), added subsec. (b).

1976—Pub. L. 94–502 substituted “the Secretary’s” for “his” and “the Administrator fully advised” for “him fully advised”.

Statutory Notes and Related SubsidiariesEffective Date of 1988 Amendment

Amendment by section 6(b)(1), (2)(A) of Pub. L. 100–323 effective on 60th day after May 20, 1988, and amendment by section 15(a)(2) of Pub. L. 100–323 effective May 20, 1988, see section 16(a), (b)(2) of Pub. L. 100–323, set out as a note under section 3104 of this title.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–502 effective Dec. 1, 1976, see section 703(c) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.

Effective Date

Section effective 90 days after Oct. 24, 1972, see section 601(b) of Pub. L. 92–540, set out as an Effective Date of 1972 Amendment note under section 4101 of this title.

Notes of Decisions
Cited in 13 cases, 1976–2006 · leading case: Am. Fed'n of Gov't Employees, Local 3295 v. Fed. Labor Relations Auth., Off. of Thrift Supervision, Intervenor, 46 F.3d 73 (D.C. Cir. 1995).
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Am. Fed'n of Gov't Employees, Local 3295 v. Fed. Labor Relations Auth., Off. of Thrift Supervision, Intervenor, 46 F.3d 73 (D.C. Cir. 1995). “Colorado Nurses interpreted a section of a statute since repealed, then codified at 38 U.S.C. § 4108 (a). The full text of that section is cited in the FLRA’s decision on review in that case.”
Balderman v. United States Vets. Admin., 666 F. Supp. 461 (W.D.N.Y. 1987). · cites it 2× “38 U.S.C. § 4108 ; VA Manual MP-5, Part II, Ch.”
U.S. Dep't of Vets. Affairs v. Fed. Labor Relations Auth., 9 F.3d 123 (D.C. Cir. 1993). “38 U.S.C. § 4108 (a) (1988) (recodified at 38 U.”
Gilbert v. Johnson, 419 F. Supp. 859 (N.D. Ga. 1976). “See 38 U.S.C. § 4108 (c), providing for a hearing before a “Board of Specialists.”
Beecher Noble v. Employers Ins. of Wausau, 555 F.2d 1257 (5th Cir. 1977). “The administrator by regulation prescribes working hours and conditions, 38 U.S.C. § 4108 (a) (Supp. V 1975), and authorizes the Chief Medical Director to appoint disciplinary boards to hear charges of “inaptitude, inefficiency, or misconduct .”
Colorado Nurses Ass'n v. Fed. Labor Relations Auth., 851 F.2d 1486 (D.C. Cir. 1988). “” 38 U.S.C. § 4108 (1982). The union argues that the case is controlled by the FSLRA, which was enacted as part of the Civil Service Reform Act of 1978.”
Gilbert v. United States, 10 Cl. Ct. 501 (Ct. Cl. 1986). “In addition, while both parties agree that plaintiff was awarded additional compensation for his “patient care specialty qualifications,” pursuant to 38 U.S.C. § 4108 (1982), it is clear that plaintiff was denied, over his protest, from ever being assigned to perform such…”
Am. Fed'n of Gov't Employees, Local 3884 v. Fed. Labor Relations Auth., 930 F.2d 1315 (8th Cir. 1991). · cites it 3× “1988), which interpreted 38 U.S.C. § 4108 as granting the VA exclusive authority over the working conditions of medical professionals in VA hospitals.”
United States Dep't of Vets. Affairs v. Fed. Labor Relations Auth., 1 F.3d 19 (D.C. Cir. 1993). “See 38 U.S.C. § 4108 (a) ("[notwithstanding any law, Executive order, or regulation, the [VA] Administrator shall prescribe by regulation the hours and conditions of employment” of professional DM & S employees); see also Colorado Nurses Ass'n v.”
Am. Fed'n of Gov't Employees, AFL-CIO Local 2152 v. Principi, 464 F.3d 1049 (9th Cir. 2006). “101-466 at 55 (1990) (proposed as new 38 U.S.C. § 4108 (b)(2)). The 1990 House version of § 7422(e) also contained almost identical language to the final 1991 version, discussed above, and thereby provided for judicial review of certain petitions by the D.”
Woods v. Milner, 760 F. Supp. 623 (E.D. Mich. 1991). “] 38 U.S.C. §§ 4108 and 4115, authorizes the Chief Medical Director to promulgate regulations prescribing “the hours and conditions of employment .”
Vets. Admin. Med. Ctr. v. Fed. Labor Relations Auth., 732 F.2d 1128 (2d Cir. 1984). “§ 4106 (b); their hours, conditions of employment and leaves of absence are determined by the Administrator "notwithstanding any law, Executive order or regulation," 38 U.S.C. § 4108 (a); and they are paid according to special grades and scales, 38 U.”
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