§ 4133. Freedom of action

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.

1. 1980

   Pub. L. 96–465 title I § 1103 · 94 Stat. 2071

   Enacted · 22 U.S.C. § 4133

   Pub. L. 96–465, title I, § 1103, Oct. 17, 1980, 94 Stat. 2143

   Source evidence

   Code source credit
   Pub. L. 96–465, title I, § 1103, Oct. 17, 1980, 94 Stat. 2143

   Enacted provision · exact public law section
   Sec. 1103. Freedom of Action.— (a) Any individual filing a grievance 22 USC 4133. under this chapter (hereinafter in this chapter 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) (1) The grievant has the right to a representative of his or her own choosing at every stage of the proceedings under this chapter. (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 chapter. (c) 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 chapter. (d) (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. (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) The Department will use its best endeavors to expedite security clearance procedures whenever necessary to assure a fair and prompt resolution of a grievance.

2. 1999

   District of Columbia Appropriations Act, 2000

   Pub. L. 106–113 div. B § 1000(a)(7)(dA)(tIII)(s329) · 113 Stat. 1501

   Inserted · 22 U.S.C. § 4133(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.”

   Source evidence

   Code amendment note
   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.”

1 of 2 references resolved to an enrolled provision · 1 partial