Title 38 — Veterans' BenefitsRelease 119-73

§7422 Collective bargaining

Title 38 › Part PART V— - BOARDS, ADMINISTRATIONS, AND SERVICES › Chapter CHAPTER 74— - VETERANS HEALTH ADMINISTRATION—PERSONNEL › Subchapter SUBCHAPTER II— - COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION › § 7422

Last updated Apr 6, 2026|Official source

Summary

When making rules under section 7421, the Secretary must respect federal employees’ right to bargain over work conditions with representatives they pick under chapter 71 of title 5, unless another part of this title says otherwise. For the employees named in section 7421(b), their bargaining and any grievance steps in their contracts cannot cover matters about professional conduct or competence, peer review, or how pay is set or changed under this title. “Professional conduct or competence” means direct patient care and clinical skill. The Secretary decides if an issue fits these limits and that decision cannot be bargained or reviewed by any agency. Any court review or enforcement petition under section 7123 of title 5 for these employees must be filed only in the U.S. Court of Appeals for the D.C. Circuit.

Full Legal Text

Title 38, §7422

Veterans' Benefits — Source: USLM XML via OLRC

(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.

Reference

Citations & Metadata

Citation

38 U.S.C. § 7422

Title 38 — Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73