§4133 Freedom of Action

Summary

Protects anyone who files a grievance and people involved in the process from being blocked, pressured, harassed, treated unfairly, or punished because of the grievance. The person filing can pick any representative at every step. If the filer is in a bargaining unit with an exclusive union rep but the union is not representing them, that union can still appear. Employees or Service members who represent a filer or who must testify get reasonable administrative leave to prepare, attend, and give evidence. The Department must try to speed up security clearances when needed to resolve a grievance quickly and fairly. The Department cannot put certain grievance-related items into a person’s personnel file—like the Secretary rejecting the Board’s recommendation, the Board finding against the filer, or that a grievance was filed or held—unless the Board orders it as a fix. A filer may add a rebuttal to a disciplinary record, and the Department may file a response and note if the Board upheld the discipline. The Department must keep grievance records confidential, and the Foreign Service Grievance Board can enforce these rules.