
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC4136]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                       CHAPTER 52--FOREIGN SERVICE
 
                        SUBCHAPTER XI--GRIEVANCES
 
Sec. 4136. Foreign Service Grievance Board procedures

    The Board may adopt regulations concerning its organization and 
procedures. Such regulations shall include provision for the following:
        (1) The Board shall conduct a hearing at the request of a 
    grievant in any case which involves--
            (A) disciplinary action or the retirement of a grievant from 
        the Service under section 4007 or 4008 of this title, or
            (B) issues which, in the judgment of the Board, can best be 
        resolved by a hearing or presentation of oral argument.

        (2) The grievant, the representatives of the grievant, the 
    exclusive representative (if the grievant is a member of the 
    bargaining unit represented by the exclusive representative), and 
    the representatives of the Department are entitled to be present at 
    the hearing. The Board may, after considering the views of the 
    parties and any other individuals connected with the grievance, 
    decide that a hearing should be open to others. Testimony at a 
    hearing shall be given under oath, which any Board member or 
    individual designated by the Board shall have authority to 
    administer.
        (3) Each party (including an exclusive representative appearing 
    in the proceedings) shall be entitled to examine and cross-examine 
    witnesses at the hearing or by deposition and to serve 
    interrogatories upon another party and have such interrogatories 
    answered by the other party unless the Board finds such 
    interrogatory irrelevant, immaterial, or unduly repetitive. Upon 
    request of the Board, or upon a request of the grievant deemed 
    relevant and material by the Board, an agency shall promptly make 
    available at the hearing or by deposition any witness under its 
    control, supervision, or responsibility, except that if the Board 
    determines that the presence of such witness at the hearing is 
    required for just resolution of the grievance, then the witness 
    shall be made available at the hearing, with necessary costs and 
    travel expenses paid by the Department.
        (4) During any hearing held by the Board, any oral or 
    documentary evidence may be received, but the Board shall exclude 
    any irrelevant, immaterial, or unduly repetitious evidence, as 
    determined under section 556 of title 5.
        (5) A verbatim transcript shall be made of any hearing and shall 
    be part of the record of proceedings.
        (6) In those grievances in which the Board does not hold a 
    hearing, the Board shall afford to each party the opportunity to 
    review and to supplement, by written submissions, the record of 
    proceedings prior to the decision by the Board. The decision of the 
    Board shall be based exclusively on the record of proceedings.
        (7) The Board may act by or through panels or individual members 
    designated by the Chairperson, except that hearings within the 
    continental United States shall be held by panels of at least three 
    members unless the parties agree otherwise. References in this 
    subchapter to the Board shall be considered to be references to a 
    panel or member of the Board where appropriate. All members of the 
    Board shall act as impartial individuals in considering grievances.
        (8) If the Board determines that the Department is considering 
    the involuntary separation of the grievant, disciplinary action 
    against the grievant, or recovery from the grievant of alleged 
    overpayment of salary, expenses, or allowances, which is related to 
    a grievance pending before the Board and that such action should be 
    suspended, the Department shall suspend such action until the date 
    which is one year after such determination or until the Board has 
    ruled upon the grievance, whichever comes first. The Board shall 
    extend the one-year limitation under the preceding sentence and the 
    Department shall continue to suspend such action, if the Board 
    determines that the agency or the Board is responsible for the delay 
    in the resolution of the grievance. The Board may also extend the 1-
    year limit if it determines that the delay is due to the complexity 
    of the case, the unavailability of witnesses or to circumstances 
    beyond the control of the agency, the Board or the grievant. 
    Notwithstanding such suspension of action, the head of the agency 
    concerned or a chief of mission or principal officer may exclude the 
    grievant from official premises or from the performance of specified 
    functions when such exclusion is determined in writing to be 
    essential to the functioning of the post or office to which the 
    grievant is assigned. Notwithstanding the first sentence of this 
    paragraph, the Board's authority to suspend such action shall not 
    extend to instances where the Secretary, or his designee, has 
    exercised his authority under subsection (a)(3) of section 4010 of 
    this title or with respect to any action which would delay the 
    separation of an employee pursuant to a reduction in force conducted 
    under section 4010a of this title.
        (9) The Board may reconsider any decision upon presentation of 
    newly discovered or previously unavailable material evidence.

(Pub. L. 96-465, title I, Sec. 1106, Oct. 17, 1980, 94 Stat. 2145; Pub. 
L. 101-167, title V, Sec. 586(a), Nov. 21, 1989, 103 Stat. 1252; Pub. L. 
102-138, title I, Sec. 143(b), Oct. 28, 1991, 105 Stat. 668; Pub. L. 
103-236, title I, Secs. 177(a), 181(a)(4)(B), Apr. 30, 1994, 108 Stat. 
414, 417.)


                               Amendments

    1994--Par. (8). Pub. L. 103-236, Sec. 181(a)(4)(B), inserted before 
period at end ``or with respect to any action which would delay the 
separation of an employee pursuant to a reduction in force conducted 
under section 4010a of this title''.
    Pub. L. 103-236, Sec. 177(a), substituted ``until the date which is 
one year after such determination or until the Board has ruled upon the 
grievance, whichever comes first. The Board shall extend the one-year 
limitation under the preceding sentence and the Department shall 
continue to suspend such action, if the Board determines that the agency 
or the Board is responsible for the delay in the resolution of the 
grievance. The Board may also extend the 1-year limit if it determines 
that the delay is due to the complexity of the case, the unavailability 
of witnesses or to circumstances beyond the control of the agency, the 
Board or the grievant.'' for ``until the Board has ruled upon the 
grievance.''
    1991--Par. (8). Pub. L. 102-138 substituted ``exercised his 
authority under subsection (a)(3) of section 4010 of this title'' for 
``determined that there is reasonable cause to believe that a grievant 
has committed a job-related crime for which a sentence of imprisonment 
may be imposed and has taken action to suspend the grievant without pay 
pending a final resolution of the underlying matter''.
    1989--Par. (8). Pub. L. 101-167 inserted at end ``Notwithstanding 
the first sentence of this paragraph, the Board's authority to suspend 
such action shall not extend to instances where the Secretary, or his 
designee, has determined that there is reasonable cause to believe that 
a grievant has committed a job-related crime for which a sentence of 
imprisonment may be imposed and has taken action to suspend the grievant 
without pay pending a final resolution of the underlying matter.''

                  Section Referred to in Other Sections

    This section is referred to in section 4010 of this title.
