
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC7422]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
          CHAPTER 74--VETERANS HEALTH ADMINISTRATION--PERSONNEL
 
    SUBCHAPTER II--COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION
 
Sec. 7422. Collective bargaining

    (a) Except as otherwise specifically provided in this title, the 
authority of the Secretary to prescribe regulations under section 7421 
of this title 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 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 in any case involving employees described in 
section 7421(b) of this title 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.

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