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22 U.S.C. § 4137 — Foreign Service Grievance Board decisions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Record; findings of fact and statement of reasons** Upon completion of its proceedings, the Board shall expeditiously decide the grievance on the basis of the record of proceedings. In each case the decision of the Board shall be in writing, and shall include findings of fact and a statement of the reasons for the decision of the Board.
**(b) Authority of Department upon finding of meritorious grievance** If the Board finds that the grievance is meritorious, the Board shall have the authority to direct the Department—
(1) to correct any official personnel record relating to the grievant which the Board finds to be inaccurate or erroneous, to have an omission, or to contain information of a falsely prejudicial character;
(2) to reverse a decision denying the grievant compensation or any other perquisite of employment authorized by laws or regulations when the Board finds that such decision was arbitrary, capricious, or contrary to laws or regulations;
(3) to retain in the Service a member whose separation would be in consequence of the matter by which the member is aggrieved;
(4) to reinstate the grievant, and to grant the grievant back pay in accordance with [section 5596(b)(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5596/b/1&num=0&edition=prelim);
(5) to pay reasonable attorney fees to the grievant to the same extent and in the same manner as such fees may be required by the Merit Systems Protection Board under [section 7701(g) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7701/g&num=0&edition=prelim); and
(6) to take such other remedial action as may be appropriate under procedures agreed to by the Department and the exclusive representative (if any).
**(c) Finality o
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Source file: Laws/federal/codes/united-states-code/title-22/section-4137-foreign-service-grievance-board-decisions--666948e6d4.md
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Source location: Title 22, Chapter 52, § 4137; chapter-052-foreign-service.md
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**(a) Record; findings of fact and statement of reasons** Upon completion of its proceedings, the Board shall expeditiously decide the grievance on the basis of the record of proceedings. In each case the decision of the Board shall be in writing, and shall include findings of fact and a statement of the reasons for the decision of the Board.
**(b) Authority of Department upon finding of meritorious grievance** If the Board finds that the grievance is meritorious, the Board shall have the authority to direct the Department—
(1) to correct any official personnel record relating to the grievant which the Board finds to be inaccurate or erroneous, to have an omission, or to contain information of a falsely prejudicial character;
(2) to reverse a decision denying the grievant compensation or any other perquisite of employment authorized by laws or regulations when the Board finds that such decision was arbitrary, capricious, or contrary to laws or regulations;
(3) to retain in the Service a member whose separation would be in consequence of the matter by which the member is aggrieved;
(4) to reinstate the grievant, and to grant the grievant back pay in accordance with [section 5596(b)(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5596/b/1&num=0&edition=prelim);
(5) to pay reasonable attorney fees to the grievant to the same extent and in the same manner as such fees may be required by the Merit Systems Protection Board under [section 7701(g) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7701/g&num=0&edition=prelim); and
(6) to take such other remedial action as may be appropriate under procedures agreed to by the Department and the exclusive representative (if any).
**(c) Finality of decisions; judicial review** Except as provided in subsection (d), decisions of the Board under this subchapter shall be final, subject only to judicial review as provided in [section 4140 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4140&num=0&edition=prelim).
**(d) Recommendations**
(1) If the Board finds that the grievance is meritorious and that remedial action should be taken that relates directly to promotion, tenure or assignment of the grievant or to other remedial action not otherwise provided for in this section, or if the Board finds that the evidence before it warrants disciplinary action against any employee of the Department or member of the Service, it shall make an appropriate recommendation to the Secretary. The Secretary shall make a written decision on the recommendation of the Board within 30 days after receiving the recommendation. The Secretary shall implement the recommendation of the Board except to the extent that, in a decision made within that 30-day period, the Secretary rejects the recommendation in whole or in part on the basis of a determination that implementation of the recommendation would be contrary to law or would adversely affect the foreign policy or national security of the United States. If the Secretary rejects the recommendation in whole or in part, the decision shall specify the reasons for such action. Pending the decision of the Secretary, there shall be no ex parte communication concerning the grievance between the Secretary and any person involved in the proceedings of the Board. The Secretary shall, however, have access to the entire record of the proceedings of the Board.
(2) A recommendation under paragraph (1) shall, for purposes of [section 4140 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4140&num=0&edition=prelim), be considered a final action upon the expiration of the 30-day period referred to in such paragraph, except to the extent that it is rejected by the Secretary by an appropriate written decision.
(3)
(A) If the Secretary makes a written decision under paragraph (1) rejecting a recommendation in whole or in part on the basis of a determination that implementing such recommendation would be contrary to law, the Secretary shall, within the 30-day period referred to in such paragraph—
(i) submit a copy of such decision to the Board; and
(ii) request that the Board reconsider its recommendation or, if less than the entirety is rejected, that the Board reconsider the portion rejected.
(B)
(i) Within 30 days after receiving a request under subparagraph (A), the Board shall, after reviewing the Secretary’s decision, make a recommendation to the Secretary either confirming, modifying, or vacating its original recommendation or, if less than the entirety was rejected, the portion involved.
(ii) Reconsideration under this subparagraph shall be limited to the question of whether implementing the Board’s original recommendation, either in whole or in part, as applicable, would be contrary to law.
(C) A recommendation made under subparagraph (B) shall be considered a final action for purposes of [section 4140 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4140&num=0&edition=prelim), and shall be implemented by the Secretary.
**(e) Record of grievances; copy to committee of Congress; right of review**
(1) The Board shall maintain records of all grievances awarded in favor of the grievant in which the grievance concerns gross misconduct by a supervisor. Subject to paragraph (2), the Committee on Foreign Relations of the Senate shall be provided with a copy of the grievance decision whenever such a supervisor is nominated for any position requiring the advice and consent of the Senate and the Board shall provide access to the entire record of any proceedings of the Board concerning such a grievance decision to any Member of the Committee on Foreign Relations upon a request by the Chairman or Ranking Minority Member of such committee.
(2)
(A) Except as provided in subparagraph (B), all decisions, proceedings, and other records disclosed pursuant to paragraph (1) shall be treated as confidential and may be disclosed only to Committee members and appropriate staff.
(B) Whenever material is provided to the Committee or a Member thereof pursuant to paragraph (1), the Board shall, at the same time, provide a copy of all such material to the supervisor who is the subject of such material.
(C) A supervisor who is the subject of records disclosed to the committee 11 So in original. Probably should be capitalized. pursuant to this subsection shall have the right to review such record and provide comments to the Committee concerning such record. Such comments shall be treated in a confidential manner.
**(f) Alleged discrimination; substantive law to be applied** The Board shall, with respect to any grievance based on an alleged violation of a law, rule, regulation, or policy directive referred to in [section 4131(a)(1)(H) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4131/a/1/H&num=0&edition=prelim), apply the substantive law that would be applied by the Equal Employment Opportunity Commission if a charge or claim alleging discrimination under such law, rule, regulation, or policy directive had been filed with the commission.1
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in subsection (b), for purposes of this subchapter, the term “grievance” means any act, omission, or condition subject to the control of the Secretary which is alleged to deprive a member of the Service who is a citizen of the United States (other than a United States citizen employed under [section 3951 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3951&num=0&edition=prelim) who is not a family member) of a right or benefit authorized by law or regulation or which is otherwise a source of concern or dissatisfaction to the member, including—
(A) separation of the member allegedly contrary to laws or regulations, or predicated upon alleged inaccuracy, omission, error, or falsely prejudicial character of information in any part of the official personnel record of the member;
(B) other alleged violation, misinterpretation, or misapplication of applicable laws, regulations, or published policy affecting the terms and conditions of the employment or career status of the member;
(C) allegedly wrongful disciplinary action against the member;
(D) dissatisfaction with respect to the working environment of the member;
(E) alleged inaccuracy, omission, error, or falsely prejudicial character of information in the official personnel record of the member which is or could be prejudicial to the member;
(F) action alleged to be in the nature of reprisal or other interference with freedom of action in connection with participation by the member in procedures under this subchapter;
(G) alleged denial of an allowance, premium pay, or other financial benefit to which the member claims entitlement under applicable laws or regulations; and
(H) any discrimination prohibited by—
(i) [sect
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4131
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Trial period under limited appointment** Before receiving a career appointment in the Service, an individual shall first serve under a limited appointment as a career candidate for a trial period of service prescribed by the Secretary. During such trial period of service, the Secretary shall decide whether—
(1) to offer a career appointment to the candidate under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num=0&edition=prelim), or
(2) to recommend to the President that the candidate be given a career appointment under [section 3942 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942&num=0&edition=prelim).
**(b) Decisions by Secretary** Decisions by the Secretary under subsection (a) shall be based upon the recommendations of boards, established by the Secretary and composed entirely or primarily of career members of the Service, which shall evaluate the fitness and aptitude of career candidates for the work of the Service.
**(c) Foreign Service Grievance Board decisions** Nothing in this section shall be construed to limit the authority of the Secretary or the Foreign Service Grievance Board under [section 4137 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4137&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3946
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Department of State** It shall be an unfair labor practice for the Department—
(1) to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this subchapter;
(2) to encourage or discourage membership in any labor organization by discrimination in connection with hiring, tenure, promotion, or other conditions of employment;
(3) to sponsor, control, or otherwise assist any labor organization, other than to furnish upon request customary and routine services and facilities on an impartial basis to labor organizations having equivalent status;
(4) to discipline or otherwise discriminate against an employee because the employee has filed a complaint or petition, or has given any information, affidavit, or testimony under this subchapter;
(5) to refuse to consult or negotiate in good faith with a labor organization, as required under this subchapter;
(6) to fail or refuse to cooperate in impasse procedures and impasse decisions, as required under this subchapter;
(7) to enforce any rule or regulation (other than a rule or regulation implementing [section 2302 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302&num=0&edition=prelim)) which is in conflict with an applicable collective bargaining agreement if the agreement was in effect before the date the rule or regulation was prescribed; or
(8) to fail or refuse otherwise to comply with any provision of this subchapter.
**(b) Labor organizations** It shall be an unfair labor practice for a labor organization—
(1) to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this subchapter;
(2) to cause or attempt to cause the Department to discriminate against any employee in the exer
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4115
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any aggrieved party may obtain judicial review of a final action of the Secretary or the Board on any grievance in the district courts of the United States in accordance with the standards set forth in chapter 7 of title 5, if the request for judicial review is filed not later than 180 days after the final action of the Secretary or the Board (or in the case of an aggrieved party who is posted abroad at the time of the final action of the Secretary or the Board, if the request for judicial review is filed not later than 180 days after the aggrieved party’s return to the United States). [Section 706 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section706&num=0&edition=prelim) shall apply without limitation or exception. This subsection shall not apply to any grievance with respect to which subsection (b) applies.
**(b)**
(1) For purposes of this subsection, the term “aggrieved party” means a grievant.
(2) With respect to a grievance based on an alleged violation of a law, rule, regulation, or policy directive referred to in [section 4131(a)(1)(H) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4131/a/1/H&num=0&edition=prelim), judicial review of whether the act, omission, or condition that is the basis of the grievance violates such law, rule, regulation, or policy directive may be obtained by an aggrieved party only if such party commences a civil action, not later than 90 days after such party receives notice of the final action of the Secretary or the Board, in an appropriate district court of the United States for de novo review.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4140
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization of Secretary; right to hearing; attorneys fees and backpay; leave without pay**
(1) The Secretary may separate any member from the Service for such cause as will promote the efficiency of the Service, including upon receiving notification from the Bureau of Diplomatic Security that such member has engaged in criminal misconduct, such as murder, rape, or other sexual assault.
(2)
(A) Except as provided in subparagraph (B), whenever the Secretary decides under paragraph (1) to separate, on the basis of misconduct, any member of the Service (other than a United States citizen employed under [section 3951 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3951&num=0&edition=prelim) who is not a family member) who either—
(i) is serving under a career appointment, or
(ii) is serving under a limited appointment,
the member may not be separated from the Service until the member receives a hearing before the Foreign Service Grievance Board and the Board decides that cause for separation has been established, unless the member waives, in writing, the right to such a hearing, or the member’s appointment has expired, whichever is sooner.
(B) The right to a hearing in subparagraph (A) does not apply in the case of an individual who has been convicted of a crime for which a sentence of imprisonment of more than one year may be imposed.
(3) If the Board decides that cause for separation has not been established, the Board may direct the Department to pay reasonable attorneys’ fees to the extent and in the manner provided by [section 4137(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4137/b/5&num=0&edition=prelim). The hearing provided under this paragr
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4010
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Federal law — U.S. Code and appendices · legal_authorities
Page 1549
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4137
exclusion is determined in writing to be essen-
tial to the functioning of the post or office to
which the grievant is assigned.
(9) The Board may reconsider any decision
upon presentation of newly discovered or pre-
viously unavailable material evidence.
(Pub. L. 96–465, title I, § 1106, Oct. 17, 1980, 94
Stat. 2145; Pub. L. 101–167, title V, § 586(a), Nov.
21, 1989, 103 Stat. 1252; Pub. L. 102–138, title I,
§ 143(b), Oct. 28, 1991, 105 Stat. 668; Pub. L.
103–236, title I, §§ 177(a), 181(a)(4)(B), Apr. 30, 1994,
108 Stat. 414, 417; Pub. L. 107–228, div. A, title III,
§ 314(b), Sept. 30, 2002, 116 Stat. 1379; Pub. L.
109–140, § 5, Dec. 22, 2005, 119 Stat. 2652.)
Editorial Notes
AMENDMENTS
2005—Par. (8). Pub. L. 109–140 inserted ‘‘the involun-
tary separation of the grievant (other than an involun-
tary separation for cause under section 4010(a) of this
title),’’ after ‘‘considering’’ and substituted ‘‘the griev-
ant, or’’ for ‘‘the grievant or’’.
2002—Par. (8). Pub. L. 107–228, in first sentence, struck
out ‘‘the involuntary separation of the grievant,’’ be-
fore ‘‘disciplinary action’’ and substituted ‘‘grievant
or’’ for ‘‘grievant, or’’, and struck out last sentence
which read as follows: ‘‘Notwithstanding the first sen-
tence of this paragraph, the Board’s authority to sus-
pend such action shall not extend to instances where
the Secretary, or his designee, has exercised his author-
ity under subsection (a)(3) of section 4010 of this title or
with respect to any action which would delay the sepa-
ration of an employee pursuant to a reduction in force
conducted under section 4010a of this title.’’
1994—Par. (8). Pub. L. 103–236, § 181(a)(4)(B), inserted
before period at end ‘‘or with res
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4137
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