§4133 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Grievant: a person who files a grievance. People who file grievances, witnesses, unions, and others involved must not be punished, harassed, pressured, or treated unfairly because of the grievance or for taking part in the process. The person filing a grievance can pick any representative at every step. If the filer is in a bargaining unit with an exclusive representative but does not use that representative, that exclusive representative may still attend the proceedings. Grievants and any of their representatives who work for the Service or the Department must get reasonable administrative leave to prepare for and take part in grievance meetings. Department employees who are witnesses must also get reasonable administrative leave to testify. The Department must not keep records that show the Secretary rejected the Board’s recommendation, a Board finding against the grievant, or that a grievance is pending or was held. Grievance records must be kept under safeguards to protect privacy, and the Grievance Board can enforce these rules. The Department must try to speed up security clearance checks when needed so grievances are handled fairly and quickly.

Title 22, §4133

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Any individual filing a grievance under this subchapter (hereinafter in this subchapter referred to as the “grievant”), and any witness, labor organization, or other person involved in a grievance proceeding, shall be free from any restraint, interference, coercion, harassment, discrimination, or reprisal in those proceedings or by virtue of them.

(b)(1)The grievant has the right to a representative 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 employee of the Department, shall be granted reasonable periods of administrative leave to prepare and present the grievance and to attend proceedings under this subchapter.

(c)Any witness who is a member of the Service or employee of the Department shall be granted reasonable periods of administrative leave to appear and testify at any proceedings under this subchapter.

(d)(1)No record of—

(A)a determination by the Secretary to reject 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,

(2)The Department shall maintain records pertaining to grievances under appropriate safeguards to preserve confidentiality.

(3)The Foreign Service Grievance Board may enforce compliance with the requirements of paragraphs (1) and (2).

(e)The Department will use its best endeavors to expedite security clearance procedures whenever necessary to assure a fair and prompt resolution of a grievance.

Notes & Related Subsidiaries

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 disciplinary 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 discipline.”

§4133 Freedom of Action

Summary

Title 22, §4133

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata