National Federation of Federal Employees Local 589 v. Federal Labor Relations Authority

ROGERS, Circuit Judge:

In Colorado Nurses Association v. FLRA, 851 F.2d 1486, 1487 (D.C.Cir.1988), the court concluded that under 38 U.S.C. § 7421 (Supp. V 1993), 1 Congress had granted the Secretary of Veterans Affairs exclusive discretion to establish regulations relating to the working conditions of certain medical personnel in the Veterans Health Administration (“VHA”), including registered nurses, and hence the Secretary need not engage in collective bargaining with regard to such conditions. Thereafter, in 1991, Congress enacted legislation to provide that such employees would, in fact,…