Title 22 — Foreign Relations and Intercourse
Chapter 52 — Foreign Service
§ 4114. Resolution of implementation disputes
Statutory text
Grievance procedure
Any dispute between the Department and the exclusive representative concerning the effect, interpretation, or a claim of breach of a collective bargaining agreement shall be resolved through procedures negotiated by the Department and the exclusive representative. Any procedures negotiated under this section shall—
be fair and simple,
provide for expeditious processing, and
include provision for appeal to the Foreign Service Grievance Board by either party of any dispute not satisfactorily settled.
Review by Foreign Service Labor Relations Board
Either party to an appeal under subsection (a)(3) may file with the Board an exception to the action of the Foreign Service Grievance Board in resolving the implementation dispute. If, upon review, the Board finds that the action is deficient—
because it is contrary to any law, rule, or regulation; or
on other grounds similar to those applied by Federal courts in private sector labor-management relations;
the Board may take such action and make such recommendations concerning the Foreign Service Grievance Board action as it considers necessary, consistent with applicable laws, rules, and regulations.
Time of filing exceptions; finality and binding nature of action
If no exception to a Foreign Service Grievance Board action is filed under subsection (b) within 30 days after such action is communicated to the parties, such action shall become final and binding and shall be implemented by the parties.
Judicial review
Resolutions of disputes under this section shall not be subject to judicial review.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 96–465 title I § 1014 · 94 Stat. 2071
Enacted · 22 U.S.C. § 4114
(Pub. L. 96–465, title I, § 1014, Oct. 17, 1980, 94 Stat. 2137.)
Source evidence
Code source credit
(Pub. L. 96–465, title I, § 1014, Oct. 17, 1980, 94 Stat. 2137.)Enacted provision · exact public law section
Sec. 1014. Resolution of Implementation Disputes.— (a) Any 22 USC 4114. dispute between the Department and the exclusive representative concerning the effect, interpretation, or a claim of breach of a collective bargaining agreement shall be resolved through procedures negotiated by the Department and the exclusive representative. Any procedures negotiated under this section shall— (1) be fair and simple, (2) provide for expeditious processing, and (3) include provision for appeal to the Foreign Service Grievance Appeal. Board by either party of any dispute not satisfactorily settled. (b) Either party to an appeal under subsection (a)(3) may file with Exception, filing. the Board an exception to the action of the Foreign Service Grievance Board in resolving the implementation dispute. If, upon review, the Board finds that the action is deficient— (1) because it is contrary to any law, rule, or regulation; or (2) on other grounds similar to those applied by Federal courts in private sector labor-management relations; the Board may take such action and make such recommendations concerning the Foreign Service Grievance Board action as it considers necessary, consistent with applicable laws, rules, and regulations. (c) If no exception to a Foreign Service Grievance Board action is filed under subsection (b) within 30 days after such action is communicated to the parties, such action shall become final and binding and shall be implemented by the parties. (d) Resolutions of disputes under this section shall not be subject to judicial review.
1 of 1 references resolved to an enrolled provision