VA health care workers move a step closer to bargaining over pay issues

The Senate Veterans Affairs Committee approved legislation Thursday that would expand Veterans Affairs Department health care professionals' collective bargaining rights relating to compensation issues.

Sen. Sherrod Brown, D-Ohio, introduced the language as an amendment to a bill (S. 3325) that would waive co-payments for veterans using telehealth or telemedicine services. Brown also had introduced a stand-alone bill (S. 3486) on the collective bargaining issue.

The American Federation of Government Employees, which represents 200,000 VA employees, most of whom work in the Veterans Health Administration, praised the committee for passing the bill, and commended Brown and the amendment's eight co-sponsors.

"VA health care professionals are committed men and women who have chosen to dedicate their careers serving those who've sacrificed for our nation," said J. David Cox, AFGE national secretary-treasurer and a former VA nurse for 23 years. "They deserve the ability to seek redress when pay laws and regulations are not followed."

According to AFGE, current law prohibits VA health care professionals from negotiating with management on a range of compensation issues and denies them the rights enjoyed by their counterparts in other agencies, such as the Defense Department and Bureau of Prisons. VA health workers cannot collectively bargain when management withholds overtime, weekend premium pay or wage survey data, according to the union. Employees also cannot negotiate if managers fail to implement performance-based pay systems properly, AFGE said.

"This bill is not and will never be about interfering with Congress' right to set federal pay," said Alma Lee, president of AFGE's National VA Council. "It is entirely about allowing VA health care professionals to exercise their congressionally mandated rights to bargain over other types of compensation."

AFGE officials said in addition to leveling the playing field for VA professionals and their counterparts at other agencies, the legislation would eliminate intradepartmental disparities. For example, registered nurses cannot enforce their rights to overtime pay while licensed practical nurses can. VA psychiatrists cannot use collective bargaining on pay rules, but VA psychologists can, according to the union.

Both Cox and Lee said the new rights could increase the department's ability to attract employees in a tough recruiting market for health care.

"If employees cannot force the VA to comply with the pay laws and regulations that are in place, local VA human resources personnel will continue to abuse ambiguity in the law, undermining the VA's ability to be a competitive employer," Lee said.

The bill now heads to the full Senate for a vote. AFGE spokesman Michael Victorian said the House is expected to hold a hearing in September on a companion bill (H.R. 5543) Rep. Bob Filner, D-Calif., introduced.