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22 U.S.C. § 4114 — Resolution of implementation disputes

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4114 — Resolution of implementation disputes

**(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.

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Source file: Laws/federal/codes/united-states-code/title-22/section-4114-resolution-of-implementation-disputes--704772b47e.md
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Source location: Title 22, Chapter 52, § 4114; chapter-052-foreign-service.md

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4107 — Functions of Foreign Service Labor Relations Board

**(a) General provisions** The Board shall— (1) supervise or conduct elections and determine whether a labor organization has been selected as the exclusive representative by a majority of employees who cast valid ballots and otherwise administer the provisions of this subchapter relating to the according of exclusive recognition to a labor organization; (2) resolve complaints of alleged unfair labor practices; (3) resolve issues relating to the obligation to bargain in good faith; (4) resolve disputes concerning the effect, the interpretation, or a claim of breach of a collective bargaining agreement, in accordance with [section 4114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4114&num=0&edition=prelim); and (5) take any action considered necessary to administer effectively the provisions of this subchapter. **(b) Consistency or precedence of decisions under other provisions of law** Decisions of the Board under this subchapter shall be consistent with decisions rendered by the Authority under chapter 71 of title 5, other than in cases in which the Board finds that special circumstances require otherwise. Decisions of the Board under this subchapter shall not be construed as precedent by the Authority, or any court or other authority, for any decision under chapter 71 of title 5. **(c) Implementation** In order to carry out its functions under this subchapter— (1) the Board shall by regulation adopt procedures to apply in the administration of this subchapter; and (2) the Board may— (A) adopt other regulations concerning its functions under this subchapter; (B) conduct appropriate inquiries wherever persons subject to this subchapter are located; (C) hold hearings; (D) administer oaths, take the testim

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4115 — Unfair labor practices

**(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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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4114 — Resolution of implementation disputes

Page 1540 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4114 (B) any examination of an employee by a De- partment representative in connection with an investigation if— (i) the employee reasonably believes that the examination may result in disciplinary action against the employee, and (ii) the employee requests such representa- tion. (2) The Department shall annually inform em- ployees of their rights under paragraph (1)(B). (c) Duty to bargain in good faith; determination of techniques assisting negotiation The Department and the exclusive representa- tive, through appropriate representatives, shall meet and negotiate in good faith for the pur- poses of arriving at a collective bargaining agreement. In addition, the Department and the exclusive representative may determine appro- priate techniques, consistent with the provi- sions of section 4110 of this title, to assist in any negotiation. (d) Applicability to other employee rights or remedies The rights of an exclusive representative under this section shall not preclude an em- ployee from— (1) being represented by an attorney or other representative of the employee’s own choos- ing, other than the exclusive representative, in any grievance proceeding under subchapter XI; or (2) exercising grievance or appeal rights es- tablished by law, rule, or regulation. (e) Obligations included in good faith bargaining The duty of the Department and the exclusive representative to negotiate in good faith shall include the obligation— (1) to approach the negotiations with a sin- cere resolve to reach a collective bargaining agreement; (2) to be represented at the negotiations by duly authorized representatives prepared to discuss and negotiate on any condition of em- ployment; (3) to meet at reasonable

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