§ 4133. — Freedom of action.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4133]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER XI--GRIEVANCES
Sec. 4133. Freedom of action
(a) Nature of protection
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) Right to representation
(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) 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 appear and testify at any proceedings under this subchapter.
(d) Records
(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,
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 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.
(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) 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, Sec. 1103, Oct. 17, 1980, 94 Stat. 2143; Pub.
L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec. 329], Nov.
29, 1999, 113 Stat. 1536, 1501A-438.)
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.''
