In mid 2009, the VA created a work group to work collaboratively to formulate recommendations to the Secretary of Veterans Affairs that will improve knowledge, understanding , and consistent use of 38 U.S.C. subsection 7422 by attempting to identify matters that are excluded from bargaining and grievance exclusions in the area of professional conduct or competence, peer review , and / or compensation. USC 38 Subsection 7422 excludes certain matters related to professional conduct / competence, peer review, and compensation from collective bargaining / grievance for employees employed under Title 38 authority – VA physicians and Registered Nurses.

This work group was comprised of representatives of the Department of Veterans Affairs and representatives from each of the five National unions representing VA employees: American Federation of Government Employees (AFGE), National Association of Government employees (NAGE), National Federation of Federal Employees (NFFE), Service Employees International Union (SEIU), and United American Nurses (UAN).

Kate Smith, RN, Charleston, S.C., NAGE R 5-150, and Jim Barton, RN, VA Maryland HCS, NAGE R 3-19 served as the primary NAGE representative to this task group. Mark Bailey, NAGE National Representative, Gina Lightfoot-Walker, Esquire, NAGE Federal Director, and NAGE attorney Ed Elder, served as alternates to the work group.

Over the course of time from early September 2009 through mid May 2010, the work group met face to face on six occasions for day long meetings and countless conference calls to work on the consensus based recommendations that would be sent forward to the Secretary of the VA. On May 17, 2010, the work group’s recommendations were delivered to Secretary Shinseki. The final work product included 16 different recommendations.

On September 10, 2010, five representatives from the National labor partners work group team were provided an opportunity to present the recommendations directly to VA Secretary Shinseki and his executive leadership team. Local officer, Jim Barton, served as the NAGE representative for the NAGE portion of the presentation. The labor representatives took the opportunity to discuss how the Agency has misinterpreted and misused 38 USC 7422 at many of the local facilities.

To date, Secretary Shinseki has not officially acted on the recommendations before him; however, he openly endorsed much of the packet and the work of the task group during the private September 10 meeting.

As we hear more regarding the VA positions on the final recommendations, we will let you know.