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Office of Labor-Management Relations (LMR)
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38 § 7422 Determinations
Office of Labor-Management Relations (LMR)
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.
7422 Determination Request Guidance
| Decision Date | Facility/Union | Subject Matter's | Issue/Outcome | Remarks |
|---|---|---|---|---|
| 9/27/2023 | Wilmington VAMC | A ULP charge concerning the Medical Center’s decision to detail RNs to support inpatient units for up to 90 days based upon their Acute Care skillset involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. § 7422(b), and is thereby excluded from collective bargaining. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b). | |
| 10/14/2022 | Edward Hines, Jr. VA Hospital | A grievance concerning the non-selection of a Registered Nurse for a PACU position concerns or arises out of professional conduct or competence within the meaning of 38 U.S.C. § 7422(b), and thereby excluded from collective bargaining. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b). | |
| 10/13/2022 | Shreveport (Overton Brooks) | A ULP charge claiming that the Medical Center refused to bargain over the Medical Center’s implementation of TeleICU, a VA telehealth and modernization initiative to improve Veteran patients access to health care, concerns direct patient care and is a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. § 7422(b), and thereby excluded from collective bargaining. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b). | |
| 09/30/2022 | Bedford VA | A grievance regarding failure to administer and disseminate overtime in a matter consistent with the Master Agreement involves issues concerning or arising out of the establishment, determination, or adjustment of employee compensation within the meaning of 38 U.S.C. § 7422(b) and is thereby excluded from collective bargaining. | Involves a matter or question concerning or arising out of the establishment, determination, or adjustment of employee compensation within the meaning of 38 U.S.C. 7422(b) | |
| 09/27/2022 | Milwaukee | A grievance claiming that the Medical Center removed the part-time RN “without just cause” as it relates to the part-time RNs unacceptable conduct in speaking with a terminally ill veteran’s close family friend and designated power of attorney regarding the terminally ill Veteran patient’s health status is a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. § 7422(b), and thus, are excluded from collective bargaining. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b) | |
| 09/15/2022 | Eastern Colorado VAMC | A grievance concerning the Medical Center’s decision to permanently implement what had been a temporary schedule change for the ICU RNs at the Medical Center without bargaining involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. § 7422(b), and is thereby excluded from collective bargaining. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b) | |
| 09/15/2022 | Caribbean | A grievance concerning an RN’s annual proficiency rating is a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. § 7422(b), and is thereby excluded from bargaining and the grievance procedure. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b) | |
| 09/07/2022 | N. California VAMC | A ULP charge concerning the medical centers decision not to convert an intermittent RN to permanent, part time status without the intermittent RN applying for a vacancy, is a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. § 7422(b), and is thereby excluded from bargaining and the grievance procedure. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b) | |
| 09/07/2022 | N. California VAMC | A ULP charge concerning the medical centers decision to implement the use of a new SBAR form by RNs in both the ED and PCC is a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. § 7422(b), and is thereby excluded from bargaining and the grievance procedure. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b) | |
| 07/06/2022 | Poplar Bluff VAMC | A grievance concerning the medical centers decision to regularly assign physicians to work in excess of 40-hour work weeks or 80 hours within a two week pay period by scheduling the providers to perform roundings on a scheduled rotation, is a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. § 7422(b), and is thereby excluded from bargaining and the grievance procedure. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b) | |
| 05/16/2022 | Fayetteville Coastal VAMC | A grievance concerning the medical centers decision to implement at tour change from 8-hour to 12-hour, is a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. § 7422(b), and is thereby excluded from bargaining and the grievance procedure. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b) | |
| 04/21/2022 | Western Massachusetts VAMC | The Union’s grievance, requesting that the Medical Center hire locum tenens psychiatrists is a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. § 7422(b), and is thereby excluded from bargaining and the grievance procedure. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b) | |
| 03/18/2022 | West Haven CT VAMC | The Union’s grievance regarding the appointment of an initial compensation of Advanced Practice Registered Nurses at the West Haven, CT VA Medical Center is a matter or question concerning or arising out of peer review or the establishment, determination, or adjustment of employee compensation within the meaning of 38 U.S.C. § 7422(b) and as such, excluded from collective bargaining. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b) | |
| 01/21/2022 | Mountain Home VAMC | The Union’s grievance, alleging that VA violated its scheduling policies for bargaining unit physicians by: (1) assigning physicians to work in excess of 40-hour work weeks; (2) regularly assigning physicians to work in excess of 12-hour days; and (3) failing to determine the 40-hour tour of duty of a physician prior to the beginning of the work week is a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. § 7422(b), and is thereby excluded from bargaining and the grievance procedure. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b) | |
| 10/26/2021 | Caribbean Department of Veterans Affairs | A grievance concerning the Medical Center's decision to deny an RN a promotion to Nurse III because they did not satisfy the education requirement for that position and was not granted an educational waiver is a matter or question concerning or arising out of professional conduct or competence, peer review, and the adjustment of employee compensation within the meaning of 38 U.S.C. § 7422(b), and thus, is excluded from collective bargaining. | Involves a matter or question concerning or arising out of professional conduct or competence, peer review, and the adjustment of employee compensation within the meaning of 38 U.S.C. § 7422(b) | |
| 10/26/2021 | St. Cloud VA Health Care System | No grievance filed. Union invoked arbitration over an RN’s termination for failure to provide quality patient care is a matter or question concerning or arising out of professional conduct within the meaning of 38 U.S.C. § 7422(b), and thus, is excluded from collective bargaining. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b) | |
| 03/02/2021 | Milwaukee VAMC | A ULP charge concerning the Medical Center’s decision to implement an RN float pool without bargaining is a matter or question concerning or arising out of professional conduct or competence (i.e. direct patient care or clinical competence) within the meaning of 38 U.S.C. § 7422(b), and thus excluded from collective bargaining. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b) | |
| 02/26/2021 | Miami VAMC | A grievance concerning the Medical Center's decision to deny an RN a promotion to Nurse III because they did not satisfy the education requirement for that position and was not granted an educational waiver is a matter or question concerning or arising out of professional conduct or competence, peer review, and the adjustment of employee compensation within the meaning of 38 U.S.C. § 7422(b), and thus, is excluded from collective bargaining. | Involves a matter or question concerning or arising out of professional conduct or competence, peer review, and the adjustment of employee compensation within the meaning of 38 U.S.C. § 7422(b) | |
| 02/25/2021 | Department of Veterans Affairs | A grievance concerning the Medical Center’s decision to require PER RNs to self-schedule on the weekends is a matter or question concerning or arising out of professional conduct or competence (i.e. direct patient care or clinical competence) within the meaning of 38 U.S.C. § 7422(b), and thus, is excluded from collective bargaining and review by any other agency pursuant to 38 U.S.C. § 7422(d). (2) A grievance concerning the Medical Center’s decision to require PER Registered Nurses to self-schedule on the weekends resulting in the loss of potential voluntary overtime compensation is a matter or question concerning or arising out of the establishment, determination, or adjustment of employee compensation within the meaning of 38 U.S.C. § 7422(b), and thus, is excluded from collective bargaining and review by any other agency pursuant to 38 U.S.C. § 7422(d). | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b); Involves a matter or question concerning or arising out of the establishment, determination or adjustment of employee compensation within the meaning of 38 U.S.C. 7422(b) | |
| 02/24/2021 | Central Plains Consolidated Patient Account Center | ULP concerning the Medical Center's refusal to provide the third party RN pay surveys and all data used to determine the pay increases given to RNs | Involves a matter or question concerning or arising out of the establishment, determination or adjustment of employee compensation within the meaning of 38 U.S.C. 7422(b) | |
| 02/24/2021 | Poplar Bluff | Grievance concerning the Medical Center "placed outdated and expired policies into the evidence file" which were not "bargaining with the local union" as it relates to a removal of an RN for inappropriate conduct towards veteran patients. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b) | |
| 02/09/2021 | Portland Health Care System | Grievance and request for arbitration concerning the Medical Center's denial of Official Time to a Union representative who represented an RN during a clinical care review. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b) | |
| 02/03/2021 | Northern California Health Care System | A ULP charge concerning the Medical Center’s decision to detail an RN for sixty days from the ICU to the ED without completing bargaining | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b) | |
| 02/01/2021 | Memphis VA Medical Center | ULP charge concerning the Medical Center’s decision to realign physicians on the SCI unit with Internal Medicine/Family Practice credentials to the Hospitalist Section of Medicine Service | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b) | |
| 01/29/2021 | San Diego Health Care System | A grievance concerning the Medical Center’s refusal to provide the third party RN pay surveys and all data used to determine the pay increases given to RNs | Involves a matter or question concerning or arising out of the establishment, determination or adjustment of employee compensation within the meaning of 38 U.S.C. 7422(b) | |
| 01/27/2021 | Michael E. DeBakey (Houston) VA Medical Center | ULP concerning the Medical Center's refusal to bargain over the implementation of a 12-hour CWS for RNs assigned to Units NU1A and NU1B | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b) | |
| 01/26/2021 | Alaska VA Health Care System | ULP concerning the Medical Center’s decision to detail an RN | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b). | |
| 01/26/2021 | VA Long Beach Healthcare System | ULP concerning the Medical Center’s refusal to bargain over the termination of CWS for Primary Care physicians and registered nurses. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b) | |
| 01/26/2021 | St. Louis Health Care System | ULP concerning the Medical Center's unilateral termination of CWS for Primary Care Physicians. * Union requested the 38 USC 7422. |
Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b). *Union does not have a legal right to request a 38 USC 7422 determination. |
|
| 01/25/2021 | Bay Pines VA Healthcare System | Grievance concerning the Medical Center's use of specialized selection criteria rather than "seniority" when selecting an RN for a reassignment. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b) | |
| 11/06/2019 | Edward Hines, Jr. VA Hospital (Hines, IL) | Grievance concerning the Medical Center's FY 19 performance pay measures for physicians and dentists | Involves a matter or question concerning or arising out of the establishment, determination, or adjustment of employee compensation within the meaning of 38 U.S.C. 7422(b). | |
| 10/30/2018 | North Florida/South Georgia VA Hospital | Grievance concerning the Medical Center's unilateral change to the manner it gives SAA awards to Optometrists. | Involves a matter or question concerning or arising out of employee compensation within the meaning of 38 U.S.C. 7422(b). | |
| 10/30/2018 (Pending 508) |
Northern California VA Hospital (Mather, CA) | ULP concerning the Medical Center’s decision to implement a schedule change for the night shift RNs in the Martinez Community Living Center without bargaining. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b). | |
| 03/15/2018 (Pending 508) |
Edward Hines, Jr. VA Hospital (Hines, IL) | ULP concerning the Medical Center’s providing union representation during a comprehensive focused-clinical care review. | Involves a matter or question concerning or arising out of the professional conduct or competence, and peer review within the meaning of 38 U.S.C. 7422(b). | |
| 03/15/2018 (Pending 508) |
VA North Texas Healthcare System (Dallas, TX) | ULP concerning the Medical Center’s criteria used for physician performance awards. | Involves a matter or question concerning or arising out of the establishment, determination, or adjustment of employee compensation within the meaning of 38 U.S.C. 7422(b). | |
| 03/15/2018 (Pending 508) |
Salt Lake City Healthcare System (Salt Lake City, UT) | ULP concerning the Medical Center’s discontinuation of half-days for clinical providers. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b). | |
| 03/15/2018 (Pending 508) |
Oklahoma City VA Healthcare System (Oklahoma City, OK) | ULP concerning the Medical Center’s benchmarks used to evaluate a podiatrist for an FPPE. | Involves a matter or question concerning or arising out of professional conduct or competence or peer review within the meaning of 38 U.S.C. 7422(b). | |
| 11/20/2017 | Eastern Kansas Medical Center | ULP charge that the Medical Center unilaterally changed nurse promotion procedures when it denied an RN a promotion to Nurse II because she did not satisfy the education requirement and was not granted an education waiver. | Involves a matter or question concerning or arising out of peer review, and the adjustment of employee compensation within the meaning of 38 U.S.C. 7422(b). | |
| 10/31/2017 (Pending 508) |
VA Pittsburgh Healthcare System University Drive Campus (Pittsburgh, PA) | Grievance concerning the reprimand of an RN for failing to complete a behavioral health nursing admission assessment. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b). | |
| 10/31/2017 (Pending 508) |
Hunter Holmes McGuire VAMC (Richmond, VA) | Grievance claiming the VAMC regularly failed to provide notice of Board Actions to an RN and requested remedies such as reconsideration of the Board’s promotion decision and retroactive pay or promotion. | Involves a matter or question concerning or arising out of employee compensation within the meaning of 38 U.S.C. 7422(b). | |
| 10/31/2017 (Pending 508) |
Hunter Holmes McGuire VAMC (Richmond, VA) | Grievance claiming that payment of new locality pay adjustment must be paid retroactively to the date the employee was first assigned to the Fredericksburg CBOC and not limited by the July 14, 2013, effective date of the locality pay adjustment. | Involves a matter or question concerning or arising out of employee compensation within the meaning of 38 U.S.C. 7422(b). | |
| 10/31/2017 (Pending 508) |
Mountain Home VAMC (Mountain Home, TN) | Grievance alleging that the Medical Center violated the parties’ Master Agreement when it reassigned the MD from the ED to the C&P Department. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b). | |
| 10/31/2017 (Pending 508) |
VA Pittsburgh Healthcare System University Drive Campus (Pittsburgh, PA) | ULP based upon the VAMC’s decision to modify the shifts and tours of duty of its Behavioral Health nurses. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b). | |
| 10/28/2016 (Pending 508) |
Harry S. Truman Memorial Veterans Hospital (Columbia, MO) | Facility decreased administrative time for primary care physicians, physician assistants and nurse practitioners. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b). | |
| 10/10/2016 (Pending 508) |
Michael E. DeBakey VAMC (Houston, TX) | Facility chose not to award an RN a step increase for obtaining a new specialty certification. At the same time, the Facility awarded the RN the maximum cash award amount allowed, for obtaining the new certification. | Involves a matter or question concerning or arising out of peer review or the establishment, determination, or adjustment of employee compensation within the meaning of 38 U.S.C. 7422(b). | |
| 06/17/2016 (Pending 508) |
Tomah VAMC (Tomah, WI) | RN Removal | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b). | |
| 06/14/2016 (Pending 508) |
VA Ann Arbor HCS (Ann Arbor, MI) | Facility required its critical care nurses to take the BKAT test. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b). | |
| 06/08/2016 (Pending 508) |
VA Northern California HCS (Mather, CA) | Suspension of Physician privileges, comprehensive review of Physician’s practice, and issuance of 180 day FPPE. | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b). | |
| 11/10/2015 (Pending 508) |
VA North Texas Health Care System | Facility took various actions to enhance access to care and reduce patient wait times, without bargaining. Actions included temporarily reducing providers’ administrative time and temporarily standardizing primary care appointment times. | Facility actions were non-negotiable – initiatives were matters concerning professional conduct or competence. | |
| 11/10/2015 (Pending 508) |
St. Cloud VA Health Care System | Facility denied Community Living Center RNs’ requests to work compressed work schedules. | Insufficient information to make a 7422 determination. Facility filed a request for reconsideration on December 22, 2015 | |
| 08/23/2015 | Wilmington/AFGE | Multiple workplace adjusts due to decision to reduce facility's surgical complexity level from intermediate to standard | ULPs, grievance, bypass claim involving adjustments resulting from reduction of facility's surgical complexity level not subject to collective bargaining-excluded as matters concerning professional conduct or competence. | |
| 08/05/2015 | Ann Arbor/AFGE | RN Staffing Imbalances in VAMC Patient Care Services (PCS) | ULP Charge claiming the Medical Center implemented schedule changes for PCS nursies without completing bargaining is a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b). The decision excludes the matter from collective bargaining. | |
| 05/11/2015 | Mather/AFGE | Suspension of Anesthesiologist priveleges for failure to properly monitor surgery patient. | ULP Charge claiming the Medical Center by passed union when directly notifying anesthesiologist some privileges suspended, schedule changes or assignments. Matter concerning the professional conduct or competence and peer review of a Title 38 medical professional. | |
| 04/15/2015 | Long Beach/AFGE | Administration of High Alert Medication | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b). | |
| 04/03/2015 | Phoenix/AFGE | RN Proficiencies | RN's rating in an annual proficiency report is a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b). | |
| 04/03/2015 | Columbia/AFGE | Physician Pay | ULP Charge claiming the Medical Center failed to provide information relating to physician pay involves a matter or question concerning or arising out of peer review or the establishment, determination or adjustment of employee compensation within the meaning of 38 U.S.C. 7422(b) | |
| 04/02/2015 | Roseburg/AFGE | Part-time Physician Schedule | Involves a matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b). | |
| 10/20/2014 | Minneapolis/AFGE | RN improperly boarded by an NPSB | Matter or question concerning or arising out of peer review or the establishment, determination, or adjustment of employee compensation within the meaning of 38 U.S.C. 7422(b) and is thus excluded from collective bargaining | |
| 10/09/2014 | Asheville/AFGE | ULP VAMC modified Outpatient Psychiatrists schedules without bargaining | Involves a matter or question concerning or arising out of professional conduct or competence withini the meaning of 38 U.S.C. 7422(b) | |
| 06/09/2014 | Washington DC/AFGE | Performance Reviews of T 38 Radiologist | Involves a matter or question concerning or arising out of peer review or PCC. | |
| 04/16/2014 | Wilminton/AFGE | APNs Compensated for OT Work | Involves a matter or question concerning or arising out of the establishment, determination, or adjustment of employee compensation within the meaning of 38 U.S.C. 7422(b) | |
| 04/09/2014 | Biloxi/AFGE | Restoration of Sick Leave & Weekend/Holiday Pay for RN | Involves a matter or question concerning or arising out of PCC with the meaning of 38 U.S.C. Section 7422 | |
| 01/31/2014 | VACO HRM/AFGE | Application of New Pay Caps in the Caregivers Act to CRNA Pay Schedules | Excluded from collective bargaining as compensation | |
| 01/29/2014 | Huntington/AFGE | Duties and Responsibilities of ICU RNs (Integrated Rounds) | Involves a matter or question concerning or arising out of PPC with the meaning of 38 U.S.C. Section 7422 | |
| 01/23/2014 | Amarillo/NFFE | Mandatory Overtime for RNs | Non-negotiable PCC | Pending 508 review |
| 01/18/2014 | St. Cloud/AFGE | Reduction in Administrative Time for Primary Care Providers following return from AL | Excluded from collective bargaining PCC | |
| 12/6/2013 | Iron Mountain/AFGE | 12 hour CWS for RNS in ICU & Emergency Department | Excluded from collective bargaining PCC | |
| 09/19/2013 | Martinsburg/NFFE | Patient Appt Scheduling during time previously used as Administrative Time | Excluded from collective bargaining PCC | |
| 9/17/2013 | Fargo/NFFE | ULPs Medical Providers Administrative time | Exluded from collective bargaining as PCC | |
| 09/13/2013 | Louisville/AFGE | Reduction Number of RNs allowed leave | Non-negotiable or grievable as PCC | |
| 09/10/2013 | Central Alabama Veterans HCS/AFGE | Nurse Speciality Pay Scedule | Exempt from collective bargaining and any grievance procedures/Compensation | |
| 08/30/2013 | Alexandria/AFGE | ULP concerning Termination CWS for Primary Care clinicians | Exluded from collective bargaining PCC | |
| 08/29/2013 | VA Northern California HCS/AFGE | Assignment of Rotating On-Call Psychiatrists | Non-negotiable PCC | |
| 08/29/2013 | Tuscon/AFGE | Grievance challenging Suspension of RN | Excluded from collective bargaining PCC | |
| 08/16/2013 | Sheridan/AFGE | Reprimand | Excluded from collective bargaining PCC | |
| 08/16/2013 | Sheridan/AFGE | Admonishment Physician | Excluded from collective bargaining PCC | |
| 08/14/2013 | Hampton/AFGE | Retroactive Promotion of Physician Assistant | Non-grievable Compensation | |
| 06/30/2013 | Tuscon/AFGE | Admonishment RN | Excluded from Collective Bargaining PCC | |
| 05/29/2013 | West Palm Beach/AFGE | CWS for RNs assigned to QMS | Matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b) | |
| 05/29/2013 | Indianapolis/AFGE | Scheduling of CWS RNs | Matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C. 7422(b) | |
| 05/29/2013 | Anchorage/AFGE | Restriction ICS RN Leave | Matter or question concerning or arising out of professional conduct or competence within the meaning of 38 U.S.C 7422(b) | |
| 05/29/2013 | Martinsburg/NFFE | Title 38 Performance Award Amounts | Non-negotiable Compensation | |
| 03/21/2013 | Central Texas Veterans HCS/AFGE | Overtime Compensation Title 38 | Non-negotiable PCC/Compensation | |
| 12/17/2012 | Fargo/NFFE | ULP Physician Detail to CBOC | Non-negotiable PCC/Compensation | |
| 07/01/2011 | Hampton/AFGE | Professional Standards Board (PSB) | Right to union representation for witnesses appearing before PSB/Peer Review non-grievable | |
| 03/31/2010 | Minneapolis/AFGE ULP | ULP RN Reprisal | Decision Overturned by DC Circuit Court | |
| 11/30/2009 | 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 | |
| 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. | |
| 11/19/2008 | Erie/SEIU | RN Non-Selection | PCC | |
| 10/09/2008 | VA Connecticut HCS/AFGE | RN Reassignment | Non-negotiable PCC | |
| 09/30/2008 | Boston HCS/AFGE and NAGE | Policy on mandatory tuberculosis (TB) testing for all employees | Non-negotiable PCC | |
| 09/26/2008 | Minneapolis, MN/AFGE | Staffing Ratios for Nurses | Non-negotiable PCC | |
| 09/26/2008 | 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. | |
| 09/02/2008 | Minneapolis/AFGE | Alleged reprisal for testimony on behalf of union | Investigation over allegations of nurse professional competence is PCC and non-grievable. | |
| 09/02/2008 | Hampton, AFGE | Nurse Locality Pay-Separate Pay Scales | Grievable, not PCC and/or compensation | |
| 08/01/2008 | 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. | |
| 07/09/2008 | Cleveland, OH/AFGE | Compressed Work Schedules (CWS) | Elimination of CWS is PCC/Non-grievable | |
| 07/07/2008 | Spokane/NFFE | ULP Change of Tour for Physicians | Non-negotiable PCC | |
| 06/03/2008 | 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. | |
| 05/19/2008 | Louisville, KY/AFGE | Overtime Compensation for RNs | Non-grievable Compensation | |
| 05/19/2008 | Fort Wayne, Indiana/AFGE | Proficiency Rating | Grievance over proficiency rating is not PCC and is grievable/Remedies are PCC | |
| 05/19/2008 | West Haven/AFGE | Funding for training and travel | Reimbursement for training tuition and travel/Grievable Not PCC | |
| 05/19/2008 | 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 | |
| 02/22/2008 | Buffalo | Saturday Premium Pay | Non-grievable PCC | |
| 02/22/2008 | Milwaukee | RN Reassignment | Non-grievable PCC and Compensation | |
| 01/23/2008 | VA Tennessee Valley Healthcare System/AFGE | RN five day suspension, detail and pay | Non-grievable PCC and Compensation | |
| 12/20/2007 | Hampton, VA | Implementation of 30 day notice requirement prior to cancellation of scheduled clinics | Non-grievable PCC | |
| 10/02/2007 | Washington, DC/AFGE | VA Handbook 5011/9, "Hours of Duty and Leave" | Non-negotiable PCC | |
| 10/02/2007 | Canandaigua/AFGE | Re-privileging | Non-grievable PCC | |
| 06/01/2007 | Little Rock/AFGE | Specialized Skills Pay | Entitlement of higher rate of Pay for Specialized Skills/Non-grievable Compensation | |
| 03/02/2007 | Washington DC/AFGE | Implementation of VA Health Care Personnel Enhancement Act of 2004, Public Law 108-445 | Non-grievable Compensation | |
| 10/11/2006 | Richmond/AFGE | RN Reassignment | Non-grievable PCC | |
| 09/06/2006 | Chillicothe/AFGE | Reassignment | Non-negotiable PCC | |
| 01/24/2006 | Biloxi/AFGE | Reassignment | Reassignment to non-patient care duties/Non-negotiable PCC | |
| 01/06/2006 | DC/AFGE | Proficiency/Privileging | Performance Concerns/Non-Grievable PCC | |
| 01/06/2005 | Gainesville/AFGE | Request for Information | Failure to provide 3rd party data used to establish nurse pay/Outside scope of Collective Bargaining Compensation | |
| 12/15/2005 | Canandaigua/AFGE | Reassignment | Use of Official Time/Non-Grievable PCC | |
| 12/13/2005 | National/NFFE | Medical Staff Elections Bylaws | Participation in Medical Staff Elections/ Non-Negotiable PCC | |
| 11/21/2005 | Puget Sound HSC/AFGE | Credentialing & Privileging | Requirement to complete continuing education during privileging period/Non-Grievable | |
| 10/11/2005 | Palo Alto HCS/AFGE | Compressed Work Schedule | Decision to discontinue CWS/Non-Grievable PCC | |
| 08/22/2005 | Ashville/AFGE | Retention Allowance | Improper Termination of Retention Allowance/Non-Grievable Compensation | |
| 08/22/2005 | Anchorage/AFGE | Compressed Work Schedule | Failure to Negotiate/Non-Negotiable PCC | |
| 05/27/2005 | Charleston/NAGE | Change in MD's Work Assignments & Schedules | Failure to Negotiate/Non-Negotiable PCC | |
| 03/15/2005 | Columbia/AFGE | Physician Specialty Pay | Disparate Treatment in Reducing Specialty Pay/Outside the Scope of Collective Bargaining & Compensation | |
| 03/15/2005 | West Palm Beach/AFGE | Termination of Compressed Wk Schedules for MD's | Failure to Negotiate/Non-Negotiable PCC | |
| 02/08/2005 | North Hampton/AFGE | Change in PA's Work Assignments | Restructuring of Workload/Non-Grievable PCC | |
| 01/18/2005 | Huntington/AFGE | Change of Nurse Schedules | Failure to Bargain/Non-Grievable Non-Negotiable PCC | |
| 01/05/2005 | VA Gulf Coast HCS/AFGE | Reassignment of RN's | Failure to Bargain/Non-Negotiable PCC | |
| 12/17/2004 | VA Northern Indiana HCS | Patient Scheduling | Non-Grievable PCC | |
| 12/15/2004 | Reno NV/AFGE | Professional Standards Board (Reno) | Failure to negotiate/Non-Grievable PCC/Peer Review | |
| 12/17/2004 | Anchorage | Professional Standards Board | Non-Grievable Peer Review | |
| 12/03/2004 | Richmond/AFGE | Employee Suspension & Related Request for Information | Failure to provide information/Grievable NOT PCC | |
| 09/16/2004 | Salisbury/AFGE | Reassignment/Seniority | Alleged violation of local MOU/Non-Grievable PCC | |
| 07/15/2004 | Portland/AFGE | Shift Differential | Alleged violation of Master Agreement/Non-Grievable Compensation PCC | |
| 07/19/2004 | Richmond/AFGE | Physical Standards Board | Alleged discrimination, timeliness.../Grievable NOT PCC | |
| 05/11/2004 | Black Hills HCS/AFGE | Reassignment | Alleged violation of Master Agreement/Non-Grievable PCC | |
| 03/02/2004 | VA Northern Indiana HCS/AFGE | Reassignment | Alleged violation of Master Agreement/Non-Grievable PCC | |
| 02/24/2004 | Indianapolis/AFGE | Compressed Work Schedule | Alleged violation of Master Agreement/ Non-Grievable PCC | |
| 01/16/2004 | Dayton/AFGE | Weekend Rotation | Failure to Negotiate over tours of duty.../Non-Negotiable PCC | |
| 12/16/2003 | San Juan/AFGE | Nurse Work Schedules | Failure to negotiate over change in RN's work schedule/Non-Negotiable PCC | |
| 12/11/2003 | Miami/NFFE | Nurse Locality Pay | Request for information to show favored treatment/Non- Negotiable Compensation | |
| 10/28/2003 | Memphis/AFGE | Reassignment | Failure to provide requested inf.Non-Negotiable PCC | |
| 10/16/2003 | VA Gulf Coast HCS | Compressed Work Schedule | Non-Negotiable PCC | |
| 10/16/2003 | Alexandria/AFGE | Compressed Work Schedule (Alexandria) | Non-Negotiable PCC | |
| 10/10/2003 | Ashville/AFGE | Fee Basis | Union argues use of fee based RN violates policy/Non-Negotiable PCC | |
| 09/30/2003 | Bronx/AFGE | Fitness for Duty | Order to report and cooperate in fitness for duty exam.../Non-Grievable PCC | |
| 08/15/2003 | Ashville/AFGE | Fee Basis | Use of fee basis Nurses and impact on overtime comp/Non-Grievable PCC/Compensation | |
| 07/03/2003 | San Juan/AFGE | Fitness for Duty | Fitness for duty and physical standards.../Non-Grievable PCC/Peer Review | |
| 02/12/2003 | Poplar Bluff/AFGE | Reassignment | Failure to bargain over reassignment.../Non-Negotiable PCC | |
| 02/04/2003 | VA Maryland HCS/Professional Staff Nurses Assoc. of MD | Reassignment | Failure to bargain over reassignment.../Non-Negotiable PCC | |
| 12/16/2002 | Miami/NFFE | Scarce Medical Specialty Pay | Non-Negotiable Compensation | |
| 11/06/2002 | National/NAGE | Staffing Adjustments | Negotiability of proposal for RIF procedures to apply equally to T5 & T38 Employees/ Non-negotiable PCC | |
| 10/25/2002 | VA Connecticut HCS/AFGE | Reassignment | Refusal to bargain over temporary detail of a Nurse/ Non-Negotiable PCC | |
| 10/09/2002 | Sheridan/AFGE | Patient Discharge Instructions | Failure to bargain over implementation of policy/ Non-Negotiable PCC | |
| 07/01/2002 | Erie/SEIU | Non-Selection | Non-Selection of RN for promotional opportunity/ Non-Grievable PCC | |
| 05/06/2002 | Reno/AFGE | Reassignment | Reassignment of MD with loss of eligibility for specialty pay/ Non-Grievable | |
| 01/22/2001 | Biloxi/NFFE | Reassignment | MD Union official Special Pay Reduction/Non-Negotiable PCC and Compensation | |
| 03/05/2001 | Asheville/AFGE | Night Differential/Weekend Premium Pay | Non-Negotiable Compensation | |
| 05/07/2001 | Hampton/AFGE | Union Observers on Nurse Professional Standards Boards (NPSB) | Non Grievable-Peer Review | |
| 07/29/2001 | Cincinnati/UAN | Overtime | Cancellation of Scheduled Overtime/Non-Grievable PCC | |
| 11/18/2001 | Little Rock/AFGE | Overtime Pay | RN Overtime/Weekend Pay-Non-Grievable Compensation | |
| 12/04/2001 | Wilmington/Prof. Staff Nurses Assoc. of MD | Clinical Matters | Negotiability:Panel size, staff/patient ratios, nurse advisory Committees, Non-Clinical duties, scheduling, staff assignments/Non-Negotiable PCC | |
| 08/31/1994 | Long Beach/AFGE | Timely Proficiency | Failure to provide timely proficiency is negotiable-merely procedural-NOT PCC | |
| 08/24/1994 | Brockton/NAGE | Weekend Pay/Tour of Duty | Not Grievable PCC/Compensation | |
| 08/16/1994 | Albany NY/NYSNA | Non-selection and reassignment | Non-Grievable PCC | |
| 07/07/1994 | White River Junction/AFGE | Reorganization-Nurse Staffing | Failure to bargain over decision to reduce nurse staffing in OR and transfer position to different unit-PCC non-negotiable | |
| 07/11/1994 | Sheridan/AFGE | Proficiency Rating | Non-grievable PCC | |
| 05/16/1994 | Fayetteville/AFGE | Proficiency Rating | Grievance over fairness of proficiency rating-Non-grievable PCC Peer Review | |
| 02/16/1994 | Washington DC/DCNA | Special Advancement | Non-Grievable PCC, peer review and compensation | |
| 11/26/1993 | Des Moines/Iowa Nurses Association | Shift Rotation | Non-Grievable PCC | |
| 09/03/1993 | Sepulveda, CA/AFGE | Non Selection of RN-reassignment | Non-Grievable PCC | |
| 08/02/1993 | Fayetteville/AFGE | Proficiency Rating | Non-grievable PCC | |
| 07/21/1993 | Hampton/AFGE | Conduct | Non-grievable PCC | |
| 04/13/1993 | Portland/AFGE | Patient Abuse | Counseling letter for verbal abuse-Non-grievable PCC | |
| 01/27/1993 | Portland/AFGE | Counseling letter | RN's performance evaluation and counseling-Non grievable PCC | |
| 01/12/1993 | Long Beach/AFGE | Improvement Plan and transfer from night shift | Non-grievable-PCC, peer review and compensation | |
| 01/04/1993 | Hampton/AFGE | QA investigation | Failure to provide union rep during investigation of patient care incident-Non-negotiable PCC | |
| 11/24/1992 | Leavenworth/NFFE | Probationary Review Board | Union rep participation in Summary Review Board-Non-negotiable PCC Peer Review | |
| 09/09/1992 | San Antonio, TX/AFGE | Keeping of nurse records and promotions | Not grievable PCC, peer review and compensation | |
| 09/09/1992 | Manchester/NAGE | Proficiency Rating | Discharge of part time nurse as a result of unsat proficiency rating-Non-grievable PCC | |
| 08/27/1992 | Jackson/NFFE | NPSB | Union rep participation on NSPB-Non negotiable PCC, peer review | |
| 08/27/1992 | Amarillo/NFFE | Official Time | Official time for union rep to represent RN at Summary Review Board-Non-grievable PCC | |
| 07/24/1992 | Hampton/AFGE | Sheduling Tours | Determination to establish tours and assign employees Non-grievable PCC | |
| 07/20/1992 | Hampton/AFGE | Reassignment | Reassignment of RN and performance appraisal-Non-grievable PCC | |
| 07/10/1992 | Fayetteville/AFGE | Nurse Reassignment | Non-grievable PCC | |
| 07/07/1992 | Omaha/AFGE | Sleeping while on duty | Non-grievable PCC | |
| 06/15/1992 | National/AFGE | Transfer Policy | Non-negotiable PCC | |
| 05/13/1992 | Leavenworth | RN Tours | Length of Tours and how coverage is provided-Non negotiable PCC | |
| 04/28/1992 | Milwaukee/Wisconsin Federation of Nurses | Pay issues | Non-negotiable compensation |
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).
