Right to Representation for VA Workers

Summary#

This bill would add a new section (section 708) to title 38 of the U.S. Code. It requires the Secretary of Veterans Affairs to give each "covered employee" the opportunity to be represented by a representative of the employee's choice during any examination if the employee believes the examination may lead to disciplinary action and the employee requests representation. The representative may participate on duty time if applicable. The bill defines "covered employee" and excludes senior executive positions, certain appointed individuals (under sections 7306, 7401(4), or 7405), and political appointees. The bill also updates the chapter table of sections to add the new section.

What it means for you#

• If you are a covered VA employee: You can request a chosen representative during an examination that you believe could lead to discipline. The Secretary must give you the opportunity for representation, and the representative may be allowed on duty time if applicable.
• If you are not a covered employee (for example, a senior executive or certain appointed or political employees): This bill does not grant you that right.
• If you work for VA management: The Secretary must provide the opportunity for representation when the conditions in the bill are met.

Expenses#

No publicly available information.

Proponents' View#

The bill was introduced by Representatives Delia Ramirez, Mark Takano, Timothy Kennedy, Nikki Budzinski, Morgan McGarvey, Herbert Conaway, Julia Brownley, Rashida Tlaib, Kelly Morrison, Shri Thanedar, Robert Scott, Sanford Bishop, Frederica Wilson, and Analilia Mejia. The text of the bill provides employees a specific right to representation during examinations that may lead to disciplinary action.

Opponents' View#

No publicly available information.