22 U.S.C. § 4132 — Grievances concerning former members

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 shall be granted reasonable periods of administrative leave to ap- pear and testify at any proceedings under this subchapter. (d) Records (1) No record of— (A) a determination by the Secretary to re- ject a recommendation of the Foreign Service Grievance Board, (B) a finding by the Grievance Board against the grievant, or (C) the fact that a grievance proceeding is pending or has been held, shall be entered in the personnel records of the grievant (except by order of the Grievance Board as a remedy for the grievance) or those of any other individual connected with the grievance. Nothing in this subsection shall prevent a griev- ant from placing a rebuttal to accompany a record of disciplinary action in such grievant’s personnel records nor prevent the Department from including a response to such rebuttal, in- cluding documenting those cases in which the Board has reviewed and upheld the discipline. (2) The Department shall maintain records pertaining to grievances under appropriate safe- guards to preserve confidentiality. (3) The Foreign Service Grievance Board may enforce compliance with the requirements of paragraphs (1) and (2). (e) Expedition of security clearance procedures The Department will use its best endeavors to expedite security clearance procedures whenever necessary to assure a fair and prompt resolution of a grievance. (Pub. L. 96–465, title I, § 1103, Oct. 17, 1980, 94 Stat. 2143; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 329], Nov. 29, 1999, 113 Stat. 1536, 1501A–438.) Editorial Notes AMENDMENTS 1999—Subsec. (d)(1). Pub. L. 106–113 inserted at end ‘‘Nothing in this subsection shall prevent a grievant from placing a rebuttal to accompany a record of dis- ciplinary action in such grievant’s personnel records nor prevent the Department from including a response to such rebuttal, including documenting those cases in which the Board has reviewed and upheld the dis- cipline.’’ § 4134. Time limitations (a) Limitations period A grievance is forever barred under this sub- chapter 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 dili- gence. (b) Failure of Department to resolve grievance; grievance filed with Foreign Service Griev- ance Board If a grievance is not resolved under Depart- ment procedures (which have been negotiated with the exclusive representative, if any) within ninety days after it is filed with the Depart- ment, the grievant or the exclusive representa- tive (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, the reference to ‘‘2 years’’ shall be deemed to read ‘‘180 days’’, sub- ject 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 ear- lier of— (A) the date as of which the grievant is no longer assigned to such post; or