22 USC 4133 - Freedom of action

U.S Code last checked for updates: Nov 22, 2024

§ 4133.

Freedom of action

(a)

Nature of protection

(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

(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

(Pub. L. 96–465, title I, § 1103, Oct. 17, 1980, 94 Stat. 2143; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 329], Nov. 29, 1999, 113 Stat. 1536, 1501A–438.)

cite as: 22 USC 4133