22 U.S.C. § 4134: Time limitations

Summary

You must file a grievance with the Department within set time limits or you lose the right to bring it. For most complaints, you have 2 years from the event that caused the problem. If the complaint is about your rater or reviewer, you have 1 year from the day you stopped being rated or reviewed by that person. In no case can you wait more than 3 years from the event. The Foreign Service Grievance Board can ignore any time when you did not know and could not reasonably have found out about the problem. If the Department does not resolve the grievance within 90 days after you file it, you or your union (if you are in a bargaining unit) may file the grievance with the Foreign Service Grievance Board. For complaints that claim discrimination under the listed laws or rules, the 2-year limit is shortened to 180 days. If the discrimination happened while you were assigned abroad, the 180-day clock does not start until either you leave that post or 18 months after the event (or last event), whichever comes first.

Title 22, §4134

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(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, 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Subsec. (a). Pub. L. 107–228 substituted “but in no case more than three years” for “but in no case less than two years”. 1999—Subsec. (a). Pub. L. 106–113, § 1000(a)(7) [div. A, title III, § 330(a)], in first sentence, substituted “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 less than two years after the occurrence giving rise to the grievance.” for “within a period of 3 years after the occurrence or occurrences giving rise to the grievance or such shorter period as may be agreed to by the Department and the exclusive representative.” Subsec. (c)(1). Pub. L. 106–113, § 1000(a)(7) [div. A, title III, § 330(b)], substituted “ ‘2 years’ ” for “ ‘3 years’ ”. 1991—Subsec. (a). Pub. L. 102–138, § 153(b)(1), inserted “under this subchapter” before “unless”. Subsec. (c). Pub. L. 102–138, § 153(b)(2), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 1999 Amendment Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 330(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A–438, provided that: “The

Amendments

made by this section [amending this section] shall take effect 180 days after the date of enactment of this Act [Nov. 29, 1999] and shall apply to grievances which arise on or after such

Effective Date

.”

Effective Date

of 1991 AmendmentAmendment by Pub. L. 102–138 not applicable with respect to any grievance, within the meaning of section 4131 of this title, 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.

§4134 Time Limitations

Summary

Title 22, §4134

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Effective Date

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