---
kind: "section"
citation: "38 U.S.C. § 7422"
title: "38"
title_heading: "Veterans’ Benefits"
number: "7422"
heading: "Collective bargaining"
release: "119-102"
url: "https://uscodex.org/usc/38/7422"
units:
  - "Part V — Boards, Administrations, and Services"
  - "Chapter 74 — Veterans Health Administration—personnel"
  - "Subchapter II — Collective Bargaining and Personnel Administration"
---

# §7422. Collective bargaining

- (a) Except as otherwise specifically provided in this title, the authority of the [Secretary](/usc/38/101.md?p=1) to prescribe regulations under [section 7421 of this title](/usc/38/7421.md) is subject to the right of Federal [employees](/usc/38/4303.md?p=3) to engage in collective bargaining with respect to conditions of employment through representatives chosen by them in accordance with [chapter 71](/usc/5/chptIII-sptF-ch71.md) 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](/usc/38/4303.md?p=3) described in [section 7421(b) of this title](/usc/38/7421.md?p=b) may not cover, or have any applicability to, any matter or question concerning or arising out of (1) [professional conduct or competence](#c), (2) peer review, or (3) the establishment, determination, or adjustment of [employee](/usc/38/4303.md?p=3) [compensation](/usc/38/101.md?p=13) 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](#c), (2) peer review, or (3) the establishment, determination, or adjustment of [employee](/usc/38/4303.md?p=3) [compensation](/usc/38/101.md?p=13) under this title shall be decided by the [Secretary](/usc/38/101.md?p=1) and is not itself subject to collective bargaining and may not be reviewed by any other [agency](/usc/38/4214.md?p=a-2-A).
- (e) A petition for judicial review or petition for enforcement under [section 7123 of title 5](/usc/5/7123.md) in any case involving [employees](/usc/38/4303.md?p=3) described in [section 7421(b) of this title](/usc/38/7421.md?p=b) or arising out of the applicability of [chapter 71](/usc/5/chptIII-sptF-ch71.md) of title 5 to [employees](/usc/38/4303.md?p=3) in those positions, shall be taken only in the United States Court of Appeals for the District of Columbia Circuit.

## Source credit

(Added Pub. L. 102–40, title II, § 202, May 7, 1991, 105 Stat. 200.)