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22 U.S.C. § 4134 — Time limitations
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
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Source file: Laws/federal/codes/united-states-code/title-22/section-4134-time-limitations--0acd88ac0f.md
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Source location: Title 22, Chapter 52, § 4134; chapter-052-foreign-service.md
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**(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 assigned to a post abroad, the 180-day period provided for under paragraph (1) shall not commence until the earlier of—
(A) the date as of which the grievant is no longer assigned to such post; or
(B) the expiration of the 18-month period beginning on the date of the occurrence giving rise to the grievance or the last such occurrence, as the case may be.
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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
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Federal law — U.S. Code and appendices · legal_authorities
Within the time limitations of [section 4134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4134&num=0&edition=prelim), a former member of the Service or the surviving spouse (or, if none, another member of the family) of a deceased member or former member of the Service may file a grievance under this subchapter only with respect to allegations described in [section 4131(a)(1)(G) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4131/a/1/G&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4132
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Federal law — U.S. Code and appendices · legal_authorities
Page 1546
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4132
§ 4132. Grievances concerning former members
or their survivors
Within the time limitations of section 4134 of
this title, a former member of the Service or the
surviving spouse (or, if none, another member of
the family) of a deceased member or former
member of the Service may file a grievance
under this subchapter only with respect to alle-
gations described in section 4131(a)(1)(G) of this
title.
(Pub. L. 96–465, title I, § 1102, Oct. 17, 1980, 94
Stat. 2143.)
§ 4133. Freedom of action
(a) Nature of protection
Any individual filing a grievance under this
subchapter (hereinafter in this subchapter re-
ferred to as the ‘‘grievant’’), and any witness,
labor organization, or other person involved in a
grievance proceeding, shall be free from any re-
straint, interference, coercion, harassment, dis-
crimination, or reprisal in those proceedings or
by virtue of them.
(b) Right to representation
(1) The grievant has the right to a representa-
tive of his or her own choosing at every stage of
the proceedings under this subchapter.
(2) In any case where the grievant is a member
of a bargaining unit represented by an exclusive
representative, but is not represented in the
grievance by that exclusive representative, the
exclusive representative shall have the right to
appear during the grievance proceedings.
(3) The grievant, and any representative of the
grievant who is a member of the Service or em-
ployee of the Department, shall be granted rea-
sonable periods of administrative leave to pre-
pare and present the grievance and to attend
proceedings under this subchapter.
(c) Administrative leave for witnesses
Any witness who is a member of the Service or
employee of the Department sha
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4134
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