22 U.S.C. § 4131 — Definitions and applicability

Page 1544 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4118 (C) any administrative or personnel officer abroad; or (D) any individual described in section 4102(12)(B), (C), or (D) of this title who is not involved in the administration of this sub- chapter or in the formulation of the personnel policies and programs of the Department. (f) Willful and intentional violations If the Board finds that any labor organization has willfully and intentionally violated section 4115(b)(7) of this title by omission or commission with regard to any strike, work stoppage, slow- down, the Board shall— (1) revoke the exclusive recognition status of the labor organization, which shall then im- mediately cease to be legally entitled and ob- ligated to represent employees in the unit; or (2) take any other appropriate disciplinary action. (Pub. L. 96–465, title I, § 1017, Oct. 17, 1980, 94 Stat. 2140; Pub. L. 103–236, title I, § 171, Apr. 30, 1994, 108 Stat. 411; Pub. L. 105–277, div. G, subdiv. B, title XXIII, § 2315, Oct. 21, 1998, 112 Stat. 2681–828.) Editorial Notes AMENDMENTS 1998—Subsec. (e)(2). Pub. L. 105–277 amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘For the purposes of paragraph (1)(A)(ii) and paragraph (1)(B), the term ‘management official’ shall not include chiefs of mission, principal officers and their deputies, and administrative and personnel officers abroad.’’ 1994—Subsec. (e). Pub. L. 103–236 amended subsec. (e) generally. Prior to amendment, subsec. (e) read as fol- lows: ‘‘This subchapter does not authorize participation in the management of a labor organization or acting as a representative of a labor organization by a manage- ment official, a confidential employee, or any other employee if the participation or activity would result in a conflict or apparent conflict of interest or would otherwise be incompatible with law or with the official functions of such management official or such em- ployee.’’ § 4118. Administrative provisions (a) Assignment for deduction of dues If the Department has received from any indi- vidual a written assignment which authorizes the Department to deduct from the salary of that individual amounts for the payment of reg- ular and periodic dues of the exclusive rep- resentative, the Department shall honor the as- signment. Any such assignment shall be made at no cost to the exclusive representative or the in- dividual. Except as provided in subsection (b), any such assignment may not be revoked for a period of one year from its execution. (b) Termination of assignment for deduction of dues An assignment for deduction of dues shall ter- minate when— (1) the labor organization ceases to be the exclusive representative; (2) the individual ceases to receive a salary from the Department as a member of the Serv- ice; or (3) the individual is suspended or expelled from membership in the exclusive representa- tive. (c) Negotiations with uncertified labor organiza- tions During any period when no labor organization is certified as the exclusive representative of employees in the Department, the Department shall have the duty to negotiate with a labor or- ganization which has filed a petition under sec- tion 4111(b)(1)(A) of this title alleging that 10 percent of the employees in the Department have membership in the organization if the Board has determined that the petition is valid. Negotiations under this subsection shall be con- cerned solely with the deduction of dues of the labor organization from the salary of the indi- viduals who are members of the labor organiza- tion and who make a voluntary allotment for that purpose. Any agreement between the De- partment and a labor organization under this subsection shall terminate upon the certifi- cation of an exclusive representative of any em- ployees to whom the agreement applies. (d) Official time usage The following provisions shall apply to the use of official time: (1) Any employee representing an exclusive representative in the negotiation of a collec- tive bargaining agreement under this sub- chapter shall be authorized official time for such purposes, including attendance at im- passe proceedings, during the time the em- ployee otherwise would be in a duty status. The number of employees for whom official time is authorized under this paragraph shall not exceed the number of individuals des- ignated as representing the Department for such purposes. (2) Any activities performed by any em- ployee relating to the internal business of the labor organization, including the solicitation of membership, elections of labor organization officials, and collection of dues, shall be per- formed during the time the employee is in a nonduty status. (3) Except as provided in paragraph (1), the Board shall determine whether any employee participating for, or on behalf of, a labor orga- nization in any phase of proceedings before the Board shall be authorized official time for such purpose during the time the employee would otherwise be in a duty status. (4) Except as provided in paragraphs (1), (2), and (3), any employee representing an exclu- sive representative, or engaged in any other matter covered by this subchapter, shall be granted official time in any amount the De- partment and the exclusive representative agree to be reasonable, necessary, and in the public interest. (Pub. L. 96–465, title I, § 1018, Oct. 17, 1980, 94 Stat. 2141.) SUBCHAPTER XI—GRIEVANCES § 4131. Definitions and applicability (a)(1) Except as provided in subsection (b), for purposes of this subchapter, the term ‘‘griev- ance’’ means any act, omission, or condition subject to the control of the Secretary which is alleged to deprive a member of the Service who Page 1545 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4131 1 So in original. Probably should be ‘‘the Broadcasting’’. is a citizen of the United States (other than a United States citizen employed under section 3951 of this title who is not a family member) of a right or benefit authorized by law or regula- tion or which is otherwise a source of concern or dissatisfaction to the member, including— (A) separation of the member allegedly con- trary 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, misinterpreta- tion, or misapplication of applicable laws, reg- ulations, or published policy affecting the terms and conditions of the employment or ca- reer status of the member; (C) allegedly wrongful disciplinary action against the member; (D) dissatisfaction with respect to the work- ing 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 mem- ber; (F) action alleged to be in the nature of re- prisal 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) section 2000e–16 of title 42, (ii) section 206(d) of title 29, (iii) section 791 of title 29, (iv) sections 631 and 633a of title 29, or (v) any rule, regulation, or policy directive prescribed under any provision of law de- scribed in clauses (i) through (iv). (2) The scope of grievances described in para- graph (1) may be modified by written agreement between the Department and the labor organiza- tion accorded recognition as the exclusive rep- resentative under subchapter X (hereinafter in this subchapter referred to as the ‘‘exclusive representative’’). (b) For purposes of this subchapter, the term ‘‘grievance’’ does not include— (1) an individual assignment of a member under subchapter V, other than an assignment alleged to be contrary to law or regulation; (2) the judgment of a selection board estab- lished under section 4002 of this title, a tenure board established under section 3946(b) of this title, or any other equivalent body established by laws or regulations which similarly evalu- ates the performance of members of the Serv- ice on a comparative basis; (3) the expiration of a limited appointment, the termination of a limited appointment under section 4011 of this title, or the denial of a limited career extension or of a renewal of a limited career extension under section 4007(b) of this title; or (4) any complaint or appeal where a specific statutory hearing procedure exists, except as provided in section 4139(a)(2) of this title. Nothing in this subsection shall exclude any act, omission, or condition alleged to violate any law, rule, regulation, or policy directive referred to in subsection (a)(1)(H) from such term. (c) This subchapter applies only with respect to the Department of State, Broadcasting 1 Board of Governors, the Agency for Inter- national Development, the Department of Agri- culture, and the Department of Commerce. (Pub. L. 96–465, title I, § 1101, Oct. 17, 1980, 94 Stat. 2142; Pub. L. 97–241, title III, § 303(b), Aug. 24, 1982, 96 Stat. 291; Pub. L. 102–138, title I, § 153(a), Oct. 28, 1991, 105 Stat. 673; Pub. L. 103–236, title I, §§ 180(a)(10), 181(a)(4)(A), Apr. 30, 1994, 108 Stat. 416, 417; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(k)(4), title XIV, § 1422(b)(4)(D), Oct. 21, 1998, 112 Stat. 2681–789, 2681–793.) Editorial Notes AMENDMENTS 1998—Subsec. (c). Pub. L. 105–277, § 1422(b)(4)(D), sub- stituted ‘‘Agency for International Development’’ for ‘‘United States International Development Cooperation Agency’’. Pub. L. 105–277, § 1335(k)(4), substituted ‘‘Broadcasting Board of Governors,’’ for ‘‘the United States Informa- tion Agency,’’. 1994—Subsec. (a)(1). Pub. L. 103–236, § 180(a)(10), in- serted ‘‘(other than a United States citizen employed under section 3951 of this title who is not a family member)’’ after ‘‘citizen of the United States’’ in intro- ductory provisions. Subsec. (b)(3). Pub. L. 103–236, § 181(a)(4), made tech- nical amendment to reference to section 4011 of this title to reflect renumbering of corresponding section of original act. 1991—Subsec. (a)(1)(H). Pub. L. 102–138, § 153(a)(1), added subpar. (H). Subsec. (b). Pub. L. 102–138, § 153(a)(2), in par. (4), sub- stituted ‘‘section 4139(a)(2)’’ for ‘‘section 4139(b)’’ and inserted at end ‘‘Nothing in this subsection shall ex- clude any act, omission, or condition alleged to violate any law, rule, regulation, or policy directive referred to in subsection (a)(1)(H) from such term.’’ Statutory Notes and Related Subsidiaries CHANGE OF NAME Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018. ‘‘United States Information Agency’’ substituted for ‘‘International Communication Agency’’ in subsec. (c), pursuant to section 303(b) of Pub. L. 97–241, set out as a note under section 1461 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 1335(k)(4) of Pub. L. 105–277 ef- fective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title. Amendment by section 1422(b)(4)(D) of Pub. L. 105–277 effective Apr. 1, 1999, see section 1401 of Pub. L. 105–277, set out as an Effective Date note under section 6561 of this title. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–138 not applicable with re- spect to any grievance, within the meaning of this sec- tion, arising before Oct. 28, 1991, see section 153(f) of Pub. L. 102–138, set out as a note under section 4115 of this title. 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