Title 38 § 7422 Determinations
Special Issues in Collective Bargaining with Title 38 Medical Professionals
This web page is intended to provide a summary of the special issues involved in collective bargaining with non-hybrid Title 38 health care professionals - physicians, dentist, podiatrists, optometrists, registered nurses, physical assistants, and expanded duty dental assistants. These issues may arise in negotiations between VHA facilities and labor union representing Title 38 employees; in grievances filed on behalf of Title 38 employees under negotiated grievance procedures; in ULP's brought by health care professionals' unions; on in litigation before FLRA, FSIP, arbitrators, or courts. Management Officials, Regional Counsels, Personnel Specialists and Union Representatives may all benefit from a general understanding of the statutory limitations on Title 38 employees' collective bargaining rights and of the procedures that are used to resolve disputes regarding those limitations. It is hoped that the information contained here will allow field personnel to recognize issues and to submit requests to the Office of General Counsel and/or the Office of Labor-Management Relations for assistance in this specialized area.
HOW 7422 ISSUES ARISE & HOW THEY ARE RESOLVED
7422 Secretary's Decision Document
Decision Date |
Facility/Union |
Subject Matter |
Issue / Outcome | |||
7/15/2011 |
Hampton/AFGE |
Professional Standards Board (PSB) |
Right to union representation for witnesses appearing before PSB/Peer Review non-grievable |
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3/31/2010 |
Minneapolis/AFGE |
ULP Registered Nurses |
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11/30/09 |
Mountain Home/AFGE |
ULP Change of Tour CLC Physicians |
Not PCC/Physicians placed in rotating on-call roster coverage of CLC patients after normal duty hours and weekends |
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05/22/2009 |
VA Caribbean Healthcare System/AFGE |
Compressed Work Schedules |
The decision to implement a CWS is PCC and not negotiable. The notice and termination of the CWS was not for patient care reasons and is therefore negotiable. |
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11/19/2008 |
Erie/SEIU |
RN Non-Selection |
PCC |
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10/09/08 |
VA Connecticut Healthcare System/AFGE |
RN Reassignment |
Non-negotiable PCC |
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09/30/08 |
Boston Healthcare System/AFGE and NAGE |
Policy on mandatory tuberculosis (TB) testing for all employees |
Non-negotiable PCC |
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09/26/08 |
Minneapolis, MN/AFGE |
Staffing Ratios for Nurses |
Non-negotiable PCC |
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09/26/08 |
Ann Arbor, MI/AFGE |
Proficiency rating and step increase |
The issue related to the proficiency rating and step increase is non-grievable PCC. The employee's participation in a Recruitment and Retention Committee is grievable, not-PCC. |
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09/02/08 |
Minneapolis/AFGE |
Alleged reprisal for testimony on behalf of union |
Investigation over allegations of nurse professional competence is PCC and non-grievable. |
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09/02/08 |
Hampton, AFGE |
Nursel Locality Pay-Separate Pay Scales |
Grievable, not PCC and/or compensation |
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08/01/08 |
West Haven, CT/AFGE |
Within Grade Increase, OWCP and leave status |
The OWCP and leave status issue is grievable. The requested remedy of back pay with interest is compensation. |
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07/09/08 |
Cleveland, OH/AFGE |
Compressed Work Schedules (CWS) |
Elimination of CWS is PCC/Non-grievable |
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07/07/08 |
Spokane/NFFE |
ULP Change of Tour for Physicians |
Non-negotiable PCC |
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06/03/08 |
VA MD Health Care System/NAGE |
Suspension of RN |
There is insufficient information to make PCC determination therefore the matter is within the scope of collective bargaining. |
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05/19/08 |
Louisville, KY/AFGE |
Overtime Compensation for RNs |
Non-grievable Compensation |
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05/19/08 |
Fort Wayne, Indiana/AFGE |
Proficiency Rating |
Grievance over proficiency rating is not PCC and is grievable/Remedies are PCC |
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05/19/08 |
West Haven/AFGE |
Funding for training and travel |
Reimbursement for training tuition and travel/Grievable Not PCC |
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05/19/08 |
VA MD Health Care System/NAGE |
Non-Selection |
Non-Selection of RN for EPRPC Position/Grievance over non-selection is grievable/Requested remedy is non-grievable-Compensation/Selection Process is non-negotiable PCC |
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02/22/08 |
Buffalo |
Saturday Premium Pay |
Non-grievable PCC |
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02/22/08 |
Milwaukee |
RN Reassignment |
Non-grievable PCC and Compensation |
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01/23/08 |
VA Tennessee Valley Healthcare System/AFGE |
RN five day suspension, detail and pay |
Non-grievable PCC and Compensation |
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12/20/07 |
Hampton, VA |
Implementation of 30 day notice requirement prior to cancellation of scheduled clinics |
Non-grievable PCC |
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10/02/07 |
Washington, DC/AFGE |
VA Handbook 5011/9, "Hours of Duty and Leave" |
Non-negotiable PCC |
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10/02/07 |
Canandaigua/AFGE |
Re-privileging |
Non-grievable PCC |
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06/01/07 |
Little Rock/AFGE |
Specialized Skills Pay |
Entitlement of higher rate of Pay for Specialized Skills/Non-grievable Compensation |
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03/02/07 |
Washington DC/AFGE |
Implementation of VA Health Care Personnel Enhancement Act of 2004, Public Law 108-445 |
Non-grievable Compensation |
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10/11/06 |
Richmond/AFGE |
RN Reassignment |
Non-grievable PCC |
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09/06/06 |
Chillicothe/AFGE |
Reassignment |
Non-negotiable PCC |
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01/24/06 |
Biloxi/AFGE |
Reassignment |
Reassignment to non-patient care duties/Non-negotiable PCC |
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01/06/06 |
DC/AFGE |
Proficiency/Privileging |
Performance Concerns/Non-Grievable PCC |
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01/06/05 |
Gainesville/AFGE |
Request for Information |
Failure to provide 3rd party data used to establish nurse pay/Outside scope of Collective Bargaining Compensation |
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12/15/05 |
Canandaigua/AFGE |
Reassignment |
Use of Official Time/Non-Grievable PCC |
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12/13/05 |
National/NFFE |
Medical Staff Elections Bylaws |
Participation in Medical Staff Elections/ Non-Negotiable PCC |
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11/21/05 |
Puget Sound HSC/AFGE |
Credentialing & Privileging |
Requirement to complete continuing education during privileging period/Non-Grievable |
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10/11/05 |
Palo Alto HCS/AFGE |
Compressed Work Schedule |
Decision to discontinue CWS/Non-Grievable PCC |
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08/22/05 |
Ashville/AFGE |
Retention Allowance |
Improper Termination of Retention Allowance/Non-Grievable Compensation |
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08/22/05 |
Anchorage/AFGE |
Compressed Work Schedule |
Failure to Negotiate/Non-Negotiable PCC |
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05/27/05 |
Charleston/NAGE |
Change in MD's Work Assignments & Schedules |
Failure to Negotiate/Non-Negotiable PCC |
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03/15/05 |
Columbia/AFGE |
Physician Specialty Pay |
Disparate Treatment in Reducing Specialty Pay/Outside the Scope of Collective Bargaining & Compensation |
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03/15/05 |
West Palm Beach/AFGE |
Termination of Compressed Wk Schedules for MD's |
Failure to Negotiate/Non-Negotiable PCC |
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02/08/05 |
North Hampton/AFGE |
Change in PA's Work Assignments |
Restructuring of Workload/Non-Grievable PCC |
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01/18/05 |
Huntington/AFGE |
Change of Nurse Schedules |
Failure to Bargain/Non-Grievable Non-Negotiable PCC |
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01-05-05 |
VA Gulf Coast HCS/AFGE |
Reassignment of RN's |
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Failure to Bargain/Non-Negotiable PCC |
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2004 Cases Listed Below
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12-17-04 |
VA Northern Indiana HCS |
Patient Scheduling |
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Non-Grievable PCC |
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12-15-04 |
Reno NV/AFGE |
Professional Standards Board (Reno) |
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Failure to negotiate/Non-Grievable PCC/Peer Review |
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12-17-04 |
Anchorage |
Professional Standards Board |
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Non-Grievable Peer Review |
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12-03-04 |
Richmond/AFGE |
Employee Suspension & Related Request for Information |
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Failure to provide information/Grievable NOT PCC |
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09-16-04 |
Salisbury/AFGE |
Reassignment/Seniority |
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Alleged violation of local MOU/Non-Grievable PCC |
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07-15-04 |
Portland/AFGE |
Shift Differential |
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Alleged violation of Master Agreement/Non-Grievable Compensation PCC |
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07-19-04 |
Richmond/AFGE |
Physical Standards Board |
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Alleged discrimination, timeliness.../Grievable NOT PCC |
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05-11-04 |
Black Hills HCS/AFGE |
Reassignment |
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Alleged violation of Master Agreement/Non-Grievable PCC |
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03-02-04 |
VA Northern Indiana HCS/AFGE |
Reassignment |
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Alleged violation of Master Agreement/Non-Grievable PCC |
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02-24-04 |
Indianapolis/AFGE |
Compressed Work Schedule |
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Alleged violation of Master Agreement/ Non-Grievable PCC |
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01-16-04 |
Dayton/AFGE |
Weekend Rotation |
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Failure to Negotiate over tours of duty.../Non-Negotiable PCC |
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2003 Cases Listed Below
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12-16-03 |
San Juan/AFGE |
Nurse Work Schedules |
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Failure to negotiate over change in RN's work schedule/Non-Negotiable PCC |
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12-11-03 |
Miami/NFFE |
Nurse Locality Pay |
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Request for information to show favored treatment/Non- Negotiable Compensation |
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10-28-03 |
Memphis/AFGE |
Reassignment |
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Failure to provide requested inf.Non-Negotiable PCC |
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10-16-03 |
VA Gulf Coast HCS |
Compressed Work Schedule |
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Non-Negotiable PCC |
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10-16-03 |
Alexandria/AFGE |
Compressed Work Schedule (Alexandria) |
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Non-Negotiable PCC |
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10-10-03 |
Ashville/AFGE |
Fee Basis |
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Union argues use of fee based RN violates policy/Non-Negotiable PCC |
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09-30-03 |
Bronx/AFGE |
Fitness for Duty |
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Order to report and cooperate in fitness for duty exam.../Non-Grievable PCC |
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08-15-03 |
Ashville/AFGE |
Fee Basis |
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Use of fee basis Nurses and impact on overtime comp/Non-Grievable PCC/Compensation |
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07-03-03 |
San Juan/AFGE |
Fitness for Duty |
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Fitness for duty and physical standards.../Non-Grievable PCC/Peer Review |
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02-12-03 |
Poplar Bluff/AFGE |
Reassignment |
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Failure to bargain over reassignment.../Non-Negotiable PCC |
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02-04-03 |
VA Maryland HCS/Professional Staff Nurses Assoc. of MD |
Reassignment |
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Failure to bargain over reassignment.../Non-Negotiable PCC |
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12-16-02 |
Miami/NFFE |
Scarce Medical Specialty Pay |
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Non-Negotiable Compensation |
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11-06-02 |
National/NAGE |
Staffing Adjustments |
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Negotiability of proposal for RIF procedures to apply equally to T5 & T38 Employees/ Non-negotiable PCC |
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10-25-02 |
VA Connecticut HCS/AFGE |
Reassignment |
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Refusal to bargain over temporary detail of a Nurse/ Non-Negotiable PCC |
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10-9-02 |
Sheridan/AFGE |
Patient Discharge Instructions |
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Failure to bargain over implementation of policy/ Non-Negotiable PCC |
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07-01-02 |
Erie/SEIU |
Non-Selection |
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Non-Selection of RN for promotional opportunity/ Non-Grievable PCC |
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05-06-02 |
Reno/AFGE |
Reassignment |
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Reassignment of MD with loss of eligibility for specialty pay/ Non-Grievable |
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2001 Case Listings
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01-22-01 |
Biloxi/NFFE |
Reassignment |
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MD Union official Special Pay Reduction/Non-Negotiable PCC and Compensation |
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03-05-01 |
Asheville/AFGE |
Night Differential/Weekend Premium Pay |
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Non-Negotiable Compensation |
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05-07-01 |
Hampton/AFGE |
Union Observers on Nurse Professional Standards Boards (NPSB) |
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Non Grievable-Peer Review |
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07-29-01 |
Cincinnati/UAN |
Overtime |
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Cancellation of Scheduled Overtime/Non-Grievable PCC |
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11-18-01 |
Little Rock/AFGE |
Overtime Pay |
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RN Overtime/Weekend Pay-Non-Grievable Compensation |
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12-04-01 |
Wilmington/Prof. Staff Nurses Assoc. of MD |
Clinical Matters |
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Negotiability:Panel size, staff/patient ratios, nurse advisory Committees, Non-Clinical duties, scheduling, staff assignments/Non-Negotiable PCC |
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FURTHER GUIDANCE
This overview is not intended to provide all the information necessary for field personnel to handle negotiations, grievances, or litigation in which issues of professional conduct or competence, peer review, or compensation of Title 38 medical professionals may arise. Further guidance should be requested from Regional Counsel, from the Office of General Counsel's (OGC) Professional Staff Group III (023), and/or from VACO's Office of Labor-Management Relations (LMR). |
