Page:United States Statutes at Large Volume 105 Part 1.djvu/228

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105 STAT. 200 PUBLIC LAW 102-40—MAY 7, 1991 Department of Veterans Affairs Labor Relations Improvement Act of 1991. 38 USC 101 note. Regulations. with respect to a period before the effective date specified in subsection (a). TITLE II—LABOR-MANAGEMENT RELATIONS SEC. 201. SHORT TITLE. This title may be cited as the "Department of Veterans Affairs Labor Relations Improvement Act of 1991". SEC. 202. COLLECTIVE BARGAINING FOR TITLE 38 EMPLOYEES. Chapter 74, as added by section 102, is amended by inserting before subchapter III the following: SUBCHAPTER II—COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION "§ 7421. Personnel administration: in general >;« "(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 chapter 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. "§ 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 barggiining with respect to conditions of employ- ment 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 bargsiining 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 estaljlishment, 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.