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22 U.S.C. § 4115 — Unfair labor practices
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
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Source file: Laws/federal/codes/united-states-code/title-22/section-4115-unfair-labor-practices--b63677a404.md
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Source location: Title 22, Chapter 52, § 4115; chapter-052-foreign-service.md
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**(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 exercise by the employee of any right under this subchapter;
(3) to coerce, discipline, fine, or attempt to coerce a member of the labor organization as punishment or reprisal, or for the purpose of hindering or impeding the member’s work performance or productivity as an employee or the discharge of the member’s functions as an employee;
(4) to discriminate against an employee with regard to the terms and conditions of membership in the labor organization on the basis of race, color, creed, national origin, sex, age preferential or nonpreferential civil service status, political affiliation, marital status, or disability;
(5) to refuse to consult or negotiate in good faith with the Department, as required under this subchapter;
(6) to fail or refuse to cooperate in impasse procedures and impasse decisions, as required under this subchapter;
(7)
(A) to call, or participate in, a strike, work stoppage, or slowdown, or to picket the Department in a labor-management dispute (except that any such picketing in the United States which does not interfere with the Department’s operations shall not be an unfair labor practice); or
(B) to condone any unfair labor practice described in subparagraph (A) by failing to take action to prevent or stop such activity;
(8) to deny membership to any employee in the unit represented by the labor organization except—
(A) for failure to tender dues uniformly required as a condition of acquiring and retaining membership, or
(B) in the exercise of disciplinary procedures consistent with the organization’s constitution or bylaws and this subchapter; or
(9) to fail or refuse otherwise to comply with any provision of this subchapter.
**(c) Personal views, arguments, opinions, or statements** The expression of any personal view, argument, or opinion, or the making of any statement, which—
(1) publicizes the fact of a representational election and encourages employees to exercise their right to vote in such an election;
(2) corrects the record with respect to any false or misleading statement made by any person; or
(3) informs employees of the Government’s policy relating to labor-management relations and representation,
if the expression contains no threat of reprisal or force or promise of benefit and was not made under coercive conditions shall not—
(A) constitute an unfair labor practice under this subchapter, or
(B) constitute grounds for the setting aside of any election conducted under this subchapter.
**(d) Election of remedies** Issues which can properly be raised under an appeals procedure may not be raised as unfair labor practices prohibited under this section. Except for matters wherein, under [section 4139(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4139/a/2&num=0&edition=prelim), an employee has an option of using the grievance procedure under subchapter XI or an appeals procedure, issues which can be raised under [section 4114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4114&num=0&edition=prelim) or subchapter XI may, in the discretion of the aggrieved party, be raised either under such section or subchapter or else raised as an unfair labor practice under this section, but may not be raised both under this section and under [section 4114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4114&num=0&edition=prelim) or subchapter XI.
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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)**
(1) For the purpose of this title, “prohibited personnel practice” means any action described in subsection (b).
(2) For the purpose of this section—
(A) “personnel action” means—
(i) an appointment;
(ii) a promotion;
(iii) an action under chapter 75 of this title or other disciplinary or corrective action;
(iv) a detail, transfer, or reassignment;
(v) a reinstatement;
(vi) a restoration;
(vii) a reemployment;
(viii) a performance evaluation under chapter 43 of this title or under title 38;
(ix) a decision concerning pay, benefits, or awards, or concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation, or other action described in this subparagraph;
(x) a decision to order psychiatric testing or examination;
(xi) the implementation or enforcement of any nondisclosure policy, form, or agreement; and
(xii) any other significant change in duties, responsibilities, or working conditions;
with respect to an employee in, or applicant for, a covered position in an agency, and in the case of an alleged prohibited personnel practice described in subsection (b)(8), an employee or applicant for employment in a Government corporation as defined in [section 9101 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9101&num=0&edition=prelim);
(B) “covered position” means, with respect to any personnel action, any position in the competitive service, a career appointee position in the Senior Executive Service, or a position in the excepted service, but does not include any position which is, prior to the personnel action—
(i) excepted from the competitive service because of
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grievance procedure** Any dispute between the Department and the exclusive representative concerning the effect, interpretation, or a claim of breach of a collective bargaining agreement shall be resolved through procedures negotiated by the Department and the exclusive representative. Any procedures negotiated under this section shall—
(1) be fair and simple,
(2) provide for expeditious processing, and
(3) include provision for appeal to the Foreign Service Grievance Board by either party of any dispute not satisfactorily settled.
**(b) Review by Foreign Service Labor Relations Board** Either party to an appeal under subsection (a)(3) may file with the Board an exception to the action of the Foreign Service Grievance Board in resolving the implementation dispute. If, upon review, the Board finds that the action is deficient—
(1) because it is contrary to any law, rule, or regulation; or
(2) on other grounds similar to those applied by Federal courts in private sector labor-management relations;
the Board may take such action and make such recommendations concerning the Foreign Service Grievance Board action as it considers necessary, consistent with applicable laws, rules, and regulations.
**(c) Time of filing exceptions; finality and binding nature of action** If no exception to a Foreign Service Grievance Board action is filed under subsection (b) within 30 days after such action is communicated to the parties, such action shall become final and binding and shall be implemented by the parties.
**(d) Judicial review** Resolutions of disputes under this section shall not be subject to judicial review.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4114
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter, the term—
(1) “Authority” means the Federal Labor Relations Authority, described in [section 7104(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7104/a&num=0&edition=prelim);
(2) “Board” means the Foreign Service Labor Relations Board, established by [section 4106(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4106/a&num=0&edition=prelim);
(3) “collective bargaining” means the performance of the mutual obligation of the management representative of the Department and of the exclusive representative of employees to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to the conditions of employment affecting employees, and to execute, if requested by either party, a written document incorporating any collective bargaining agreement reached, but this obligation does not compel either party to agree to a proposal or to make a concession;
(4) “collective bargaining agreement” means an agreement entered into as a result of collective bargaining under the provisions of this subchapter;
(5) “conditions of employment” means personnel policies, practices, and matters, whether established by regulation or otherwise, affecting working conditions, but does not include policies, practices, and matters—
(A) relating to political activities prohibited abroad or prohibited under subchapter III of chapter 73 of title 5;
(B) relating to the designation or classification of any position under [section 3981 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3981&num=0&edition=prelim);
(C) to the extent such matters are specifically provided for by Federal statute; or
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4102
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Limitations period** A grievance is forever barred under this subchapter unless it is filed with the Department not later than two years after the occurrence giving rise to the grievance or, in the case of a grievance with respect to the grievant’s rater or reviewer, one year after the date on which the grievant ceased to be subject to rating or review by that person, but in no case more than three years after the occurrence giving rise to the grievance. There shall be excluded from the computation of any such period any time during which, as determined by the Foreign Service Grievance Board, the grievant was unaware of the grounds for the grievance and could not have discovered such grounds through reasonable diligence.
**(b) Failure of Department to resolve grievance; grievance filed with Foreign Service Grievance Board** If a grievance is not resolved under Department procedures (which have been negotiated with the exclusive representative, if any) within ninety days after it is filed with the Department, the grievant or the exclusive representative (on behalf of a grievant who is a member of the bargaining unit) shall be entitled to file a grievance with the Foreign Service Grievance Board for its consideration and resolution.
**(c) Grievances based on alleged discrimination**
(1) In applying subsection (a) with respect to 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), the reference to “2 years” shall be deemed to read “180 days”, subject to paragraph (2).
(2) If the occurrence or occurrences giving rise to the grievance are alleged to have occurred while the grievant was as
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4134
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4137
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A grievant may not file a grievance with the Board if the grievant has formally requested, prior to filing a grievance, that the matter or matters which are the basis of the grievance be considered or resolved and relief be provided under another provision of law, regulation, or Executive order, other than under section 1214 or 1221 of title 5, and the matter has been carried to final decision under such provision on its merits or is still under consideration.
(2) If a grievant is not prohibited from filing a grievance under paragraph (1), the grievant may file with the Board a grievance which is also eligible for consideration, resolution, and relief under chapter 12 of title 5 or a regulation or Executive order other than under this subchapter. An election of remedies under this subsection shall be final upon the acceptance of jurisdiction by the Board.
(3) This subsection shall not apply to any grievance with respect to which subsection (b) applies.
**(b)**
(1) 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), a grievant may either—
(A) file a grievance under this subchapter, or
(B) initiate in writing a proceeding under another provision of law, regulation, or Executive order that authorizes relief,
but not both.
(2) A grievant shall be considered to have exercised the option under paragraph (1) as soon as the grievant timely either—
(A) files a grievance under this subchapter, or
(B) initiates in writing a proceeding under such other provision of law, regulation, or Executive order.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4139
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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.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1541
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4115
(2) on other grounds similar to those applied
by Federal courts in private sector labor-man-
agement relations;
the Board may take such action and make such
recommendations concerning the Foreign Serv-
ice Grievance Board action as it considers nec-
essary, consistent with applicable laws, rules,
and regulations.
(c) Time of filing exceptions; finality and binding
nature of action
If no exception to a Foreign Service Grievance
Board action is filed under subsection (b) within
30 days after such action is communicated to
the parties, such action shall become final and
binding and shall be implemented by the parties.
(d) Judicial review
Resolutions of disputes under this section
shall not be subject to judicial review.
(Pub. L. 96–465, title I, § 1014, Oct. 17, 1980, 94
Stat. 2137.)
§ 4115. Unfair labor practices
(a) Department of State
It shall be an unfair labor practice for the De-
partment—
(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 or-
ganizations 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 requir
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4115
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