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22 U.S.C. § 4139 — Relationship to other remedies
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.
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Source file: Laws/federal/codes/united-states-code/title-22/section-4139-relationship-to-other-remedies--38ea1d7f47.md
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Source location: Title 22, Chapter 52, § 4139; chapter-052-foreign-service.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
The Merit Systems Protection Board is composed of 3 members appointed by the President, by and with the advice and consent of the Senate, not more than 2 of whom may be adherents of the same political party. The members of the Board shall be individuals who, by demonstrated ability, background, training, or experience are especially qualified to carry out the functions of the Board. No member of the Board may hold another office or position in the Government of the United States, except as otherwise provided by law or at the direction of the President. The Board shall have an official seal which shall be judicially noticed. The Board shall have its principal office in the District of Columbia and may have field offices in other appropriate locations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1201
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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) 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) Program Required.—** The Secretary of Energy shall establish a program to ensure that covered individuals may not be discharged, demoted, or otherwise discriminated against as a reprisal for making protected disclosures.
**(b) Covered Individuals.—** For purposes of this section, a covered individual is an individual who is an employee of the Department of Energy, or of a contractor of the Department, who is engaged in the defense activities of the Department.
**(c) Protected Disclosures.—** For purposes of this section, a protected disclosure is a disclosure—
(1) made by a covered individual who takes appropriate steps to protect the security of the information in accordance with guidance provided under this section;
(2) made to a person or entity specified in subsection (d); and
(3) of classified or other information that the covered individual reasonably believes to provide direct and specific evidence of any of the following:
(A) A violation of law or Federal regulation.
(B) Gross mismanagement, a gross waste of funds, or abuse of authority.
(C) A false statement to Congress on an issue of material fact.
**(d) Persons and Entities to Which Disclosures May Be Made.—** A person or entity specified in this subsection is any of the following:
(1) A member of a committee of Congress having primary responsibility for oversight of the department, agency, or element of the Government to which the disclosed information relates.
(2) An employee of Congress who is a staff member of such a committee and has an appropriate security clearance for access to information of the type disclosed.
(3) The Inspector General of the Department of Energy.
(4) The Federal Bureau of Investigation.
(5) Any other element of the Government designated by the Secretary as
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6242
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter:
(1) **Agency** — The term “agency” has the meaning given that term in [section 551(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim).
(2) **Client** — The term “client” means any person or entity that employs or retains another person for financial or other compensation to conduct lobbying activities on behalf of that person or entity. A person or entity whose employees act as lobbyists on its own behalf is both a client and an employer of such employees. In the case of a coalition or association that employs or retains other persons to conduct lobbying activities, the client is the coalition or association and not its individual members.
(3) **Covered executive branch official** — The term “covered executive branch official” means—
(A) the President;
(B) the Vice President;
(C) any officer or employee, or any other individual functioning in the capacity of such an officer or employee, in the Executive Office of the President;
(D) any officer or employee serving in a position in level I, II, III, IV, or V of the Executive Schedule, as designated by statute or Executive order;
(E) any member of the uniformed services whose pay grade is at or above O–7 under [section 201 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section201&num=0&edition=prelim); and
(F) any officer or employee serving in a position of a confidential, policy-determining, policy-making, or policy-advocating character described in [section 7511(b)(2)(B) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7511/b/2/B&num=0&edition=prelim).
(4) **Covered legislative branch official** — The term “covered legislative branch of
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1602
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Federal law — U.S. Code and appendices · legal_authorities
Page 1551
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4140
of such agency personally certifies in writing
to the Board that disclosure of the record to
the Board and the grievant would adversely af-
fect the foreign policy or national security of
the United States or that such disclosure is
prohibited by law. If such a certification is
made with respect to any record, the agency
shall supply to the Board a summary or ex-
tract of such record unless the reasons speci-
fied in the preceding sentence preclude such a
summary or extract.
(c) Access by grievant
If the Board determines that an agency record,
or a summary or extract of a record, made avail-
able to the Board under subsection (b) is rel-
evant and material to the grievance, the agency
concerned shall make such record, summary, or
extract, as the case may be, available to the
grievant.
(d) Denial of access as factor in determination of
grievance
In considering a grievance, the Board may
take into account the fact that the grievant or
the Board was denied access to an agency record
which the Board determines is or may be rel-
evant and material to the grievance.
(e) Proceedings and decisions of Foreign Service
Grievance Board
The grievant in any case decided by the Board
shall have access to the record of the pro-
ceedings and the decision of the Board.
(Pub. L. 96–465, title I, § 1108, Oct. 17, 1980, 94
Stat. 2147.)
§ 4139. Relationship to other remedies
(a)(1) A grievant may not file a grievance with
the Board if the grievant has formally re-
quested, 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, regula-
tion, or Executive order, other than under sec-
tio
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4139
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