Washington (March 22, 2204) – Senator Edward J. Markey (D-Mass.) joined Senator Sherrod Brown (D-Ohio), a senior member of the Senate Veterans’ Affairs Committee, introduced legislation to ensure that all VA health care workers have a voice in their workplace and are free to advocate for their patients, without fear of retaliation. The VA Employee Fairness Act of 2024 would ensure that VA’s Title 38 health care professionals—including nurses, physicians, dentists, and physician assistants who serve our veterans— have the same workplace rights currently granted to other VA clinicians and federal employees. By providing full collective bargaining rights to these health care professionals, VA will be better equipped to retain and recruit top tier staff to care for our nation’s veterans and empower VA staff to speak up about patient safety concerns.

“All VA health care workers should have a voice in the workplace and the freedom to advocate for their patients. It’s good for workers, and it’s good for veterans,” said Senator Brown. “This legislation will allow the VA to recruit the most talented staff, and allow these essential workers to advocate for patient safety and improved health care, which will ensure that the VA is doing its job serving those who sacrificed so much to serve us.”

While VA employees have had collective bargaining rights since 1991, health care providers are exempted from collective bargaining on matters of professional conduct or competence, peer-review, or changes to employee compensation. As a result, they are prevented from raising grievances about staffing shortages that undermine patient care or negotiating for competitive pay that will attract health care workers to the VA. The VA Employee Fairness Act removes this exemption, and grants front line health care providers their full collective bargaining rights. 

In addition to Brown, U.S. Senators Alex Padilla (D-Calif.), Elizabeth Warren (D-Mass.), Dick Durbin (D-Ill.), Richard Blumenthal (D-Conn.), Bernie Sanders (I-Vt.), Patty Murray (D-Wash.), Raphael Warnock (D-Ga.), Mazie Hirono (D-Hawaii.), Sheldon Whitehouse (D-R.I.), Chris Van Hollen (D-Md.), Laphonza Butler (D-Calif.), Ben Cardin (D-Md.), Peter Walch (D-Vt.), and Gary Peters (D-Mich.).

The legislation is supported by the by National Nurses United (NNU), the American Federation of Government Employees (AFGE), National Federation of Federal Employees (NFFE), National Association of Government Employees and Service Employees International Union (NAGE-SEIU).

“National Nurses United commends Senator Brown for reintroducing the VA Employee Fairness Act, which would allow those of us who care for our nation’s heroes to bargain over the issues that directly affect patient care in VA hospitals. Being able to advocate for our veteran patients to ensure they get the highest-quality care possible is an essential part of our jobs as nurses who care for those who have sacrificed so much,” said Irma Westmoreland, RN and NNOC/NNU VA Division Chair and NNU vice-president.

“For decades our union has sounded the alarm about how the lack of collective bargaining rights and fair working conditions has driven thousands of VA healthcare providers, a third of whom are veterans themselves, to the private sector,” said AFGE National VA Council President Alma Lee. “On behalf of the 304,000 VA employees our union represents, 75,0000 of whom would be impacted by this law, we applaud Senator Sherrod Brown for introducing critical legislation that provides voice to those who work day and night to provide the highest quality of care to our nation's veterans.”

“The dedicated nurses, physicians, physician assistants, dentists, and other clinicians serving within the VA deserve the same rights as their fellow healthcare providers in the civil service. The exclusion of Title 38 employees from the ability to collectively bargain on key topics prevents VA facilities from fulfilling their critical mission of providing the very highest standard of care for our nation’s heroes. Without a way to bring the issues affecting veterans’ healthcare to the bargaining table for discussion, the quality of care that veterans receive suffers. The VA Employee Fairness Act will not only help fill thousands of vacancies within the VA, it will also enhance healthcare coverage for our veterans,” said Randy Erwin, National President, National Federation of Federal Employees (NFFE-IAM).

Bill text is HERE.

One pager on the bill is HERE.

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