U.S. Code » Title 38 » Part PART V— BOARDS, ADMINISTRATIONS, AND SERVICES › Chapter CHAPTER 74— VETERANS HEALTH ADMINISTRATION—PERSONNEL › Subchapter SUBCHAPTER II— COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION

38 U.S.C. § 7422

Collective bargaining

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(a) Except as otherwise specifically provided in this title, the authority of the Secretary to prescribe regulations under section 7421 of this title is subject to the right of Federal employees to engage in collective bargaining with respect to conditions of employment through representatives chosen by them in accordance with chapter 71 of title 5 (relating to labor-management relations).(b) Such collective bargaining (and any grievance procedures provided under a collective bargaining agreement) in the case of employees described in section 7421(b) of this title may not cover, or have any applicability to, any matter or question concerning or arising out of (1) professional conduct or competence, (2) peer review, or (3) the establishment, determination, or adjustment of employee compensation under this title.(c) For purposes of this section, the term “professional conduct or competence” means any of the following:(1) Direct patient care.(2) Clinical competence.(d) An issue of whether a matter or question concerns or arises out of (1) professional conduct or competence, (2) peer review, or (3) the establishment, determination, or adjustment of employee compensation under this title shall be decided by the Secretary and is not itself subject to collective bargaining and may not be reviewed by any other agency.(e) A petition for judicial review or petition for enforcement under section 7123 of title 5 in any case involving employees described in section 7421(b) of this title or arising out of the applicability of chapter 71 of title 5 to employees in those positions, shall be taken only in the United States Court of Appeals for the District of Columbia Circuit.(Added Pub. L. 102–40, title II, § 202, May 7, 1991, 105 Stat. 200.)
Notes of Decisions
Cited in 23 cases (1 in the last 5 years), 1993–2024 · leading case: American Federation of Government Employees, Local 446 v. Principi
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American Federation of Government Employees, Local 446 v. Principi (2005) dcd · cites it 42× “Murphy, Acting Under Secretary for Health for the Department of Veterans Affairs, 1 alleging violations of the Department of Veterans Affairs Labor Relations Improvement Act, 38 U.S.C. §§ 7422 (b) and (d), as well as denial of substantive due process of law guaranteed under the…”
American Federation of Government Employees v. Shinseki (2011) dcd · cites it 30× “187 , 200 (1991), codified at 38 U.S.C. § 7422 (a). As the statute now provides: Except as otherwise specifically provided in this title, the authority of the Secretary to prescribe regulations under section 7421 of this title is subject to the right of Federal employees to…”
American Federation of Government Employees v. Nicholson (2007) cadc · cites it 19× “187 , 200 (1991), codified at 38 U.S.C. § 7422 (a). Chapter 71 of title 5 governs federal employees’ labor relations generally, including grievance procedures under collective bargaining agreements.”
American Federation of Government Employees, AFL-CIO, Local 3669 v. Shinseki (2013) cadc · cites it 9× “professional conduct or competence” within the meaning of 38 U.S.C. § 7422 (a)-(b). Therefore, the VA decided that the charges were excluded from review by the Federal Labor Relations Authority (“FLRA”).”
National Federation of Federal Employees, Fd1, Iamaw, Afl-Cio v. Gibson (2015) dcd · cites it 9× “INTRODUCTION Although registered nurses employed by the Department of Veterans Affairs generally enjoy collective bargaining rights, these rights are limited by the Secretary of Veterans Affairs’ authority under 38 U.S.C. § 7422 to determine that certain demands are not subject…”
National Federation of Federal Employees Local 589 v. Federal Labor Relations Authority (1996) cadc · cites it 6× “38 U.S.C. § 7422 (a), (b)(2) (Supp. V1993).”
U.S. Department of Veterans Affairs v. Federal Labor Relations Authority (1993) cadc · cites it 4× “187 , 200-01 (codified at 38 U.S.C. § 7422 ). This case involves only the collective bargaining rights of hybrid employees as expressly set forth in § 7403(f)(3).”
Robert Bonner v. Department of Veterans Affairs Pittsburgh Healthcare System (2007) cafc · cites it 4× “§§ 7101-35 ; 38 U.S.C. § 7422 extends those rights, with some exceptions, to VHA health-care professionals.”
Kay Coles James Director of the Office of Personnel Management v. Elisabeth Von Zemenszky, and Merit Systems Protection (2002) cafc “§ 7421 (a) with 38 U.S.C. § 7422 provides further support for the Board’s conclusion that the term “conditions of employment” in section 7421(a) does not cover RIF procedures.”
American Federation of Government Employees, Local 3669 v. Shinseki (2009) dcd · cites it 5× “§§ 551-59 , 701-06, 1305, 3105, 3344, 4301, 5335, 5372, 7521 (2006), and 38 U.S.C. § 7422 . 1 Complaint for Injunctive and Declaratory Relief (the “Compl.”
American Federation of Government Employees v. Secretary of the Air Force (2013) cadc “(quoting 38 U.S.C. § 7422 (d)). The FLRA dismissed the unfair labor practice charge, concluding that both the order and the statute deprived it of jurisdiction.”
American Federation of Government Employees v. Brown (1994) dcd · cites it 5× “38 U.S.C. §§ 7422 , et seq.. However, matters that concern or arise out of “(1) professional conduct or competence, (2) peer review, or (3) the establishment, determination or adjustment of employee compensation” are exempt and are not subject to collective bargaining agreements…”
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— 38 U.S.C. § 7422(a) — 3 cases
American Federation of Government Employees, AFL-CIO, Local 3669 v. Shinseki (2013) cadc “professional conduct or competence” within the meaning of 38 U.S.C. § 7422 (a)-(b). Therefore, the VA decided that the charges were excluded from review by the Federal Labor Relations Authority (“FLRA”).”
American Federation of Government Employees v. Shinseki (2011) dcd “187 , 200 (1991), codified at 38 U.S.C. § 7422 (a). As the statute now provides: Except as otherwise specifically provided in this title, the authority of the Secretary to prescribe regulations under section 7421 of this title is subject to the right of Federal employees to…”
American Federation of Government Employees, Afl-Cio, Local 3669 v. Peake (2011) dcd
— 38 U.S.C. § 7422(d) — 3 cases
American Federation of Government Employees v. Shinseki (2011) dcd “187 , 200 (1991), codified at 38 U.S.C. § 7422 (a). As the statute now provides: Except as otherwise specifically provided in this title, the authority of the Secretary to prescribe regulations under section 7421 of this title is subject to the right of Federal employees to…”
American Federation of Government Employees, Local 446 v. Principi (2005) dcd “Murphy, Acting Under Secretary for Health for the Department of Veterans Affairs, 1 alleging violations of the Department of Veterans Affairs Labor Relations Improvement Act, 38 U.S.C. §§ 7422 (b) and (d), as well as denial of substantive due process of law guaranteed under the…”
American Federation of Government Employees, Afl-Cio, Local 3669 v. Peake (2011) dcd
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