§ 4137. Foreign Service Grievance Board decisions

Footnotes

1. 1 So in original. Probably should be capitalized.

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 § 1107 · 94 Stat. 2071

   Enacted · 22 U.S.C. § 4137

   Pub. L. 96–465, title I, § 1107, Oct. 17, 1980, 94 Stat. 2146

   Source evidence

   Code source credit
   Pub. L. 96–465, title I, § 1107, Oct. 17, 1980, 94 Stat. 2146

   Enacted provision · exact public law section
   Sec. 1107. Board Decisions.— (a) Upon completion of its proceedings, the Board shall expeditiously decide the grievance on the basis of the record of proceedings. In each case the decision of the Board shall be in writing, and shall include findings of fact and a statement of the reasons for the decision of the Board. (b) If the Board finds that the grievance is meritorious, the Board shall have the authority to direct the Department— (1) to correct any official personnel record relating to the grievant which the Board finds to be inaccurate or erroneous, to have an omission, or to contain information of a falsely prejudicial character; (2) to reverse a decision denying the grievant compensation or any other perquisite of employment authorized by laws or regulations when the Board finds that such decision was arbitrary, capricious, or contrary to laws or regulations; (3) to retain in the Service a member whose separation would be in consequence of the matter by which the member is aggrieved; (4) to reinstate the grievant, and to grant the grievant back pay in accordance with section 5596(b) of title 5, United States Code; (5) to pay reasonable attorney fees to the grievant to the same extent and in the same manner as such fees may be required by the Merit Systems Protection Board under section 7701(g) of title 5, United States Code; and (6) to take such other remedial action as may be appropriate under procedures agreed to by the Department and the exclusive representative (if any). (c) Except as provided in subsection (d), decisions of the Board under this chapter shall be final, subject only to judicial review as provided in section 1110. (d) If the Board finds that the grievance is meritorious and that Recommendations. remedial action should be taken that relates directly to promotion or assignment of the grievant or to other remedial action not otherwise provided for in this section, or if the Board finds that the evidence before it warrants disciplinary action against any employee of the Department or member of the Service, it shall make an appropriate recommendation to the Secretary. The Secretary shall make a written decision on the recommendation of the Board within 30 days after receiving the recommendation. The Secretary shall implement the recommendation of the Board except to the extent that, in a decision made within that 30-day period, the Secretary rejects the recommendation in whole or in part on the basis of a determination that implementation of the recommendation would be contrary to law or would adversely affect the foreign policy or national security of the United States. If the Secretary rejects the recommendation in whole or in part, the decision shall specify the reasons for such action. Pending the decision of the Secretary, there shall be no ex parte communication concerning the grievance between the Secretary and any person involved in the proceedings of the Board. The Secretary shall, however, have access to the entire record of the proceedings of the Board.

2. 1987

   Foreign Relations Authorization Act, Fiscal Years 1988 and 1989

   Pub. L. 100–204 § 181(a) · 101 Stat. 1331

   1. Amended · 22 U.S.C. § 4137(d)

      Pub. L. 100–204, § 181(a), (b), designated existing provisions as par. (1)

   2. Inserted · 22 U.S.C. § 4137(d)

      Pub. L. 100–204, § 181(a), (b), inserted “, tenure” after “promotion” in first sentence

   3. Added · 22 U.S.C. § 4137(d)

      Pub. L. 100–204, § 181(a), (b), added pars. (2) and (3)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 100–204, § 181(a), (b), designated existing provisions as par. (1), inserted “, tenure” after “promotion” in first sentence, and added pars. (2) and (3).

   Enacted provision · exact public law section
   (a) Board Decisions.— Section 1107(d) of the Foreign Service Act of 1980 (22 U.S.C. 4137(d)) is amended— (1) by inserting “(1)” after “(d)”; and (2) by adding at the end the following: “(2) A recommendation under paragraph (1) shall, for purposes of section 1110 of this Act, be considered a final action upon the expiration of the 30-day period referred to in such paragraph, except to the extent that it is rejected by the Secretary by an appropriate written decision. “(3) (A) If the Secretary makes a written decision under paragraph (1) rejecting a recommendation in whole or in part on the basis of a determination that implementing such recommendation would be contrary to law, the Secretary snail, within the 30-day period referred to in such paragraph— “(i) submit a copy of such decision to the Board; and “(ii) request that the Board reconsider its recommendation or, if less than the entirety is rejected, that the Board reconsider the portion rejected. “(B) (i) Within 30 days after receiving a request under subparagraph (A), the Board shall, after reviewing the Secretary’s decision, make a recommendation to the Secretary either confirming, modifying, or vacating its original recommendation or, if less than the entirety was rejected, the portion involved. “(ii) Reconsideration under this subparagraph shall be limited to the question of whether implementing the Board’s original recommendation, either in whole or in part, as applicable, would be contrary to law. “(C) A recommendation made under subparagraph (B) shall be considered a final action for purposes of section 1110 of this Act, and shall be implemented by the Secretary.”.

3. 1987

   Foreign Relations Authorization Act, Fiscal Years 1988 and 1989

   Pub. L. 100–204 § 182 · 101 Stat. 1331

   Added · 22 U.S.C. § 4137(e)

   Pub. L. 100–204, § 182, added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 100–204, § 182, added subsec. (e).

   Enacted provision · exact public law section
   SEC. 182. RECORD OF GRIEVANCES AWARDED. Section 1107 of the Foreign Service Act of 1980 (22 U.S.C. 4137) is hereby amended by adding the following new subsection: “(e) (1) The Board shall maintain records of all grievances awarded in favor of the grievant in which the grievance concerns gross misconduct by a supervisor. Subject to paragraph (2), the Committee on Foreign Relations of the Senate shall be provided with a copy of the grievance decision whenever such a supervisor is nominated for any position requiring the advice and consent of the Senate and the Board shall provide access to the entire record of any proceedings of the Board concerning such a grievance decision to any Member of the Committee on Foreign Relations upon a request by the Chairman or Ranking Minority Member of such committee. “(2) Classified information. (A) Except as provided in subparagraph (B), all decisions, proceedings, and other records disclosed pursuant to paragraph (1) shall be treated as confidential and may be disclosed only to Committee members and appropriate staff. “(B) Whenever material is provided to the Committee or a Member thereof pursuant to paragraph (1), the Board shall, at the same time, provide a copy of all such material to the supervisor who is the subject of such material. “(C) A supervisor who is the subject of records disclosed to the committee pursuant to this subsection shall have the right to review such record and provide comments to the Committee concerning such record. Such comments shall be treated in a confidential manner.’’.

4. 1991

   Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

   Pub. L. 102–138 title I § 153(c) · 105 Stat. 647

   Added · 22 U.S.C. § 4137(f)

   Pub. L. 102–138 added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 102–138 added subsec. (f).

   Enacted provision · exact public law section
   (c) Substantive Law to be Applied.— Section 1107 of the Act (22 U.S.C. 4137) is amended by adding at the end the following: “(f) The Board shall, with respect to any grievance based on an alleged violation of a law, rule, regulation, or policy directive referred to in section 1101(a)(1)(H), apply the substantive law that would be applied by the Equal Employment Opportunity Commission if a charge or claim alleging discrimination under such law, rule, regulation, or policy directive had been filed with the commission.”.

   Effective date note
   Amendment 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.

6 of 6 references resolved to an enrolled provision