VA Collective Bargaining
Position:
Over the last several
years, Department of Veterans’ Affairs (VA)
health care professionals have seen their
collective bargaining rights practically
eliminated. Agency management’s
improperly broad interpretation of a certain
provision in federal labor law has allowed them
to circumvent the bargaining process on
numerous critical issues, including issues
relating to VA employees’ pay. Even if
a VA health care provider is paid improperly
under established laws and regulations, the VA
continues to avoid legitimate grievances filed
by employees through their unions, and the
effect is taking its toll on the morale of VA
health care providers. It is time for
Congress to do what is right for VA workers and
the veterans for whom they provide care by
passing H.R. 807/S. 572, which will eliminate
the collective bargaining exception regarding
compensation under Sec. 7422 of Title 38.
Background:
In 1991, Congress amended
Title 38 to provide Department of Veterans'
Affairs medical professionals with collective
bargaining rights (which include the rights to
use the negotiated grievance procedure and
arbitration). Under Sec. 7422 of Title 38,
covered employees can negotiate, file
grievances and arbitrate disputes over working
conditions except for matters concerning or
arising out of professional conduct or
competence, peer review, or compensation.
Increasingly, VA management is interpreting
these exceptions very broadly, and refusing to
bargain over virtually every significant
workplace issue affecting medical
professionals.
Although we would prefer to
see all of Sec. 7422 removed from Title 38
(which would bring Title 38 health care
providers in line with bargaining rights
afforded to the vast majority of federal
workers, including health care providers in
other agencies), it would be a significant
improvement if issues relating to compensation
(excluding basic pay rates) were put on the
bargaining table. Some of the most egregious
cases of 7422 abuse at the VA have been in the
area of compensation, and allowing VA workers
access to a grievance procedure, giving them a
fair shake on issues relating to their pay,
would significantly improve morale.
Passage of H.R. 807/S. 572 would
help to address many of the biggest concerns VA
health care providers have.
Restoring meaningful bargaining rights
on compensation issues will greatly increase
morale at the VA, and also address recruitment
and retention issues which are critical at this
time given the veterans returning from current
conflicts abroad. All this will lead to better
patient outcomes for our nation’s veterans.
NFFE-IAM strongly supports
H.R. 807/S. 572.
Click Here for Printable Position Paper