
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: 22USC4139]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                       CHAPTER 52--FOREIGN SERVICE
 
                        SUBCHAPTER XI--GRIEVANCES
 
Sec. 4139. Relationship to other remedies

    (a)(1) A grievant may not file a grievance with the Board if the 
grievant has formally requested, prior to filing a grievance, that the 
matter or matters which are the basis of the grievance be considered or 
resolved and relief be provided under another provision of law, 
regulation, or Executive order, other than under section 1214 or 1221 of 
title 5, and the matter has been carried to final decision under such 
provision on its merits or is still under consideration.
    (2) If a grievant is not prohibited from filing a grievance under 
paragraph (1), the grievant may file with the Board a grievance which is 
also eligible for consideration, resolution, and relief under chapter 12 
of title 5 or a regulation or Executive order other than under this 
subchapter. An election of remedies under this subsection shall be final 
upon the acceptance of jurisdiction by the Board.
    (3) This subsection shall not apply to any grievance with respect to 
which subsection (b) of this section applies.
    (b)(1) With respect to a grievance based on an alleged violation of 
a law, rule, regulation, or policy directive referred to in section 
4131(a)(1)(H) of this title, a grievant may either--
        (A) file a grievance under this subchapter, or
        (B) initiate in writing a proceeding under another provision of 
    law, regulation, or Executive order that authorizes relief,

but not both.
    (2) A grievant shall be considered to have exercised the option 
under paragraph (1) as soon as the grievant timely either--
        (A) files a grievance under this subchapter, or
        (B) initiates in writing a proceeding under such other provision 
    of law, regulation, or Executive order.

(Pub. L. 96-465, title I, Sec. 1109, Oct. 17, 1980, 94 Stat. 2148; Pub. 
L. 101-12, Sec. 9(a)(3), Apr. 10, 1989, 103 Stat. 35; Pub. L. 102-138, 
title I, Sec. 153(d)(1), Oct. 28, 1991, 105 Stat. 673.)


                               Amendments

    1991--Subsec. (a). Pub. L. 102-138, Sec. 153(d)(1)(A), (B), 
redesignated former subsec. (a) as par. (1), redesignated former subsec. 
(b) as par. (2) of subsec. (a) and substituted ``paragraph (1)'' for 
``subsection (a) of this section'' and ``under this subsection'' for 
``under this section'', and added par. (3).
    Subsec. (b). Pub. L. 102-138, Sec. 153(d)(1)(C), added subsec. (b). 
Former subsec. (b) redesignated (a)(2).
    1989--Subsec. (a). Pub. L. 101-12 substituted ``1214 or 1221'' for 
``1206''.


                    Effective Date of 1991 Amendment

    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.


                    Effective Date of 1989 Amendment

    Amendment by Pub. L. 101-12 effective 90 days following Apr. 10, 
1989, see section 11 of Pub. L. 101-12, set out as a note under section 
1201 of Title 5, Government Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in sections 4115, 4131 of this title.
