Amer. Fed. of Govt. Employees v. Shinseki, et al, No. 11-5359 (D.C. Cir. 2013)
Annotate this CaseThe Union asserted unfair labor practice charges (ULPs) against the VA on behalf of two nurses at a VA medical center. The VA determined that the charges were covered by the nurses' statutory right of collective bargaining but that they arose out of professional conduct or competence within the meaning of 38 U.S.C. 7422(a)-(b). Therefore, the VA decided that the charges were excluded from review by the FLRA. Given the clear definition of collective bargaining, the court held that the district court correctly held that the VA Under Secretary lacked authority under section 7422(d) to exclude these ULPs from the FLRA's jurisdiction. Accordingly, the court affirmed the judgment.
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