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38 U.S.C. § 7422 — Collective bargaining
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise specifically provided in this title, the authority of the Secretary to prescribe regulations under [section 7421 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7421&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7421/b&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7123&num=0&edition=prelim) in any case involving employ
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7422
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Stable record: federal_law:legal_authorities:record_usc_ea112e87727c100c8da620f9
Source file: Laws/federal/codes/united-states-code/title-38/section-7422-collective-bargaining--ffc656465a.md
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Source location: Title 38, Chapter 74, § 7422; chapter-074-veterans-health-administration-personnel.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7421&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7421/b&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7123&num=0&edition=prelim) in any case involving employees described in [section 7421(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7421/b&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding any law, Executive order, or regulation, the Secretary shall prescribe by regulation the hours and conditions of employment and leaves of absence of employees appointed under any provision of this title in positions in the Veterans Health Administration listed in subsection (b).
**(b)** Subsection (a) refers to the following positions:
(1) Physicians.
(2) Dentists.
(3) Podiatrists.
(4) Optometrists.
(5) Registered nurses.
(6) Physician assistants.
(7) Expanded-duty dental auxiliaries.
(8) Chiropractors.
(9) Any position for which the employee is appointed under section 7306 or 7401(4) of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7421
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any person aggrieved by any final order of the Authority other than an order under—
(1) [section 7122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7122&num=0&edition=prelim) (involving an award by an arbitrator), unless the order involves an unfair labor practice under [section 7118 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7118&num=0&edition=prelim), or
(2) [section 7112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7112&num=0&edition=prelim) (involving an appropriate unit determination),
may, during the 60-day period beginning on the date on which the order was issued, institute an action for judicial review of the Authority’s order in the United States court of appeals in the circuit in which the person resides or transacts business or in the United States Court of Appeals for the District of Columbia.
**(b)** The Authority may petition any appropriate United States court of appeals for the enforcement of any order of the Authority and for appropriate temporary relief or restraining order.
**(c)** Upon the filing of a petition under subsection (a) of this section for judicial review or under subsection (b) of this section for enforcement, the Authority shall file in the court the record in the proceedings, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). Upon the filing of the petition, the court shall cause notice thereof to be served to the parties involved, and thereupon shall have jurisdiction of the proceeding and of the question determined therein and may grant any temporary relief (including a temporary restraining ord
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7123
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Federal law — U.S. Code and appendices · legal_authorities
Page 1231
TITLE 38—VETERANS’ BENEFITS
§ 7422
‘‘(3) With respect to subsection (b)(2) of such sec-
tion, not later than 18 months after the date of the
enactment of this Act.’’
AUDITS AND REPORTS
Pub. L. 117–328, div. U, title I, § 112(d), Dec. 29, 2022, 136
Stat. 5414, provided that:
‘‘(1) AUDITS.—
‘‘(A) IN GENERAL.—The Secretary of Veterans Af-
fairs shall carry out annual audits of the compliance
of medical centers of the Department of Veterans Af-
fairs with the matters required by section 7414 of title
38, United States Code, as added by subsection (a).
‘‘(B) CONDUCT
OF
AUDITS.—In carrying out audits
under subparagraph (A), the Secretary—
‘‘(i) may not authorize the medical center being
audited to conduct the audit; and
‘‘(ii) may enter into an agreement with another
department or agency of the Federal Government
or a nongovernmental entity to conduct such au-
dits.
‘‘(2) REPORTS.—
‘‘(A) IN GENERAL.—Not later than one year after the
date of the enactment of this Act [Dec. 29, 2022], and
annually thereafter for five years, the Secretary of
Veterans Affairs shall submit to the Committee on
Veterans’ Affairs of the Senate and the Committee on
Veterans’ Affairs of the House of Representatives a
report on the audits conducted under paragraph (1).
‘‘(B) ELEMENTS.—Each report submitted under sub-
paragraph (A) shall include a summary of the compli-
ance by each medical center of the Department of
Veterans Affairs with the matters required by section
7414 of title 38, United States Code, as added by sub-
section (a).
‘‘(C) INITIAL REPORT.—The Secretary shall include
in the first report submitted under subparagraph (A)
the following:
‘‘(i) A description of the progress made by the
Secretary in implementing section 7414 of title 38,
United States C
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7422
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