
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.''
