§4139 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

You cannot bring a grievance to the Board if you first asked another law, rule, regulation, or Executive order (except under section 1214 or 1221 of title 5) to decide the same matter before you filed the grievance, and that other process either already decided the case on its merits or is still deciding it. If you did not do that first, you may file a grievance even if the same issue could also be handled under chapter 12 of title 5 or some other law, rule, regulation, or Executive order. Once the Board accepts the case, your choice of remedy is final. For complaints about an alleged violation listed in section 4131(a)(1)(H), you may either file under this subchapter or start a written proceeding under another law, rule, regulation, or Executive order that can give relief. Your choice is made as soon as you timely file one or the other in writing.

Title 22, §4139

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)A grievant may not file a grievance with the Board if the grievant has formally requested, prior to filing a grievance, that the matter or matters which are the basis of the grievance be considered or resolved and relief be provided under another provision of law, regulation, or Executive order, other than under section 1214 or 1221 of title 5, and the matter has been carried to final decision under such provision on its merits or is still under consideration.

(2)If a grievant is not prohibited from filing a grievance under paragraph (1), the grievant may file with the Board a grievance which is also eligible for consideration, resolution, and relief under chapter 12 of title 5 or a regulation or Executive order other than under this subchapter. An election of remedies under this subsection shall be final upon the acceptance of jurisdiction by the Board.

(3)This subsection shall not apply to any grievance with respect to which subsection (b) applies.

(b)(1)With respect to a grievance based on an alleged violation of a law, rule, regulation, or policy directive referred to in section 4131(a)(1)(H) of this title, a grievant may either—

(A)file a grievance under this subchapter, or

(B)initiate in writing a proceeding under another provision of law, regulation, or Executive order that authorizes relief,

(2)A grievant shall be considered to have exercised the option under paragraph (1) as soon as the grievant timely either—

(A)files a grievance under this subchapter, or

(B)initiates in writing a proceeding under such other provision of law, regulation, or Executive order.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1991—Subsec. (a). Pub. L. 102–138, § 153(d)(1)(A), (B), redesignated former subsec. (a) as par. (1), redesignated former subsec. (b) as par. (2) of subsec. (a) and substituted “paragraph (1)” for “subsection (a) of this section” and “under this subsection” for “under this section”, and added par. (3). Subsec. (b). Pub. L. 102–138, § 153(d)(1)(C), added subsec. (b). Former subsec. (b) redesignated (a)(2). 1989—Subsec. (a). Pub. L. 101–12 substituted “1214 or 1221” for “1206”.

Statutory Notes and Related Subsidiaries

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.

Effective Date

of 1989 AmendmentAmendment by Pub. L. 101–12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101–12, set out as a note under section 1201 of Title 5, Government Organization and Employees.

§4139 Relationship to Other Remedies

Summary

Title 22, §4139

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata