One of the reasons it’s hard for the Department of Veterans Affairs to keep certain healthcare workers is the fact that the VA has refused to correct payment errors in employees’ paychecks. This accuracy problem routinely happens, and the employees can’t do anything about it.
They, for example, may be required to work extra hours but may not receive overtime pay, shift differentials, and other payments they’re supposed to. But because of the way the VA interprets its authority under Title 38 Section 7422, it won’t allow the employees to file a grievance to challenge the errors.
Federal pay rates for VA employees are not subject to negotiation. The law enacted in 1991 was originally intended to prevent employees and federal unions from negotiating or filing grievances over the salaries paid to full Title 38 employees appointed under 38 USC 7401(1): physicians, dentists, podiatrists, registered nurses, physician assistants, optometrists, chiropractors, and expanded-function dental auxiliaries.
But for decades, the VA has systematically misused the 7422 exclusion concerning “the establishment, determination or adjustment of employee compensation” to deny the efforts of federal unions and Title 38 employees to ensure the accuracy of paychecks.
This abuse of authority has hurt employee morale and exacerbated longstanding retention problems. It is unfair to the very medical professionals that the VA has said are its top priority to recruit and retain.
To resolve the issue, AFGE is working with members of Congress to pass H.R. 6538, the “VA Correct Compensation Act of 2023” that would allow Title 38 employees to challenge these payment errors.
The bill was introduced on Nov. 30, 2023, by House Committee on Veterans Affairs Ranking Member Mark Takano, D-Calif., together with Chairman Mike Bost, R-Ill., as the original co-sponsor.
“The bill reconfirms that VA employees do not have the ability to substantively negotiate pay, but that they do have the ability to file grievances challenging when the VA pays them incorrectly, like all other VA employees,” said AFGE President Everett Kelley. “This narrow change will be extremely helpful to Title 38 employees who far too often encounter accuracy problems with their paychecks. Enacting this common-sense bill will help with the VA with the recruitment and retention of Title 38 employees, and in turn enable the VA to better serve veterans.”
“Today is a joyous day for VA healthcare providers because we are one step closer to ensuring that we are paid correctly for the services we provide to our nation’s veterans,” said AFGE National VA Council President Alma Lee. “Far too often VA workers encounter problems with the accuracy of their paychecks, and the VA has refused the union the right to help workers challenge those pay inaccuracies. This has led to low morale among the frontline workers who care for our nation’s heroes.”
Take action
Urge your congressional representative to support fair payment grievance processes for Title 38 VA employees by sponsoring H.R. 6538.
Click on the link below but do not use your government email address or government phone in contacting your member of Congress. Information should not be downloaded using government equipment, read during duty time or sent to others using government equipment because it suggests action to be taken in support of or against legislation.
https://actionnetwork.org/letters/tell-congress-support-the-va-correct-compensation-act-of-2023
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