22 USC 4114 - Resolution of implementation disputes

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

§ 4114.

Resolution of implementation disputes

(a)

Grievance procedure

Any dispute between the Department and the exclusive representative concerning the effect, interpretation, or a claim of breach of a collective bargaining agreement shall be resolved through procedures negotiated by the Department and the exclusive representative. Any procedures negotiated under this section shall—

(1)

be fair and simple,

(2)

provide for expeditious processing, and

(3)

include provision for appeal to the Foreign Service Grievance Board by either party of any dispute not satisfactorily settled.

(b)

Review by Foreign Service Labor Relations Board

Either party to an appeal under subsection (a)(3) may file with the Board an exception to the action of the Foreign Service Grievance Board in resolving the implementation dispute. If, upon review, the Board finds that the action is deficient—

(1)

because it is contrary to any law, rule, or regulation; or

(2)

on other grounds similar to those applied by Federal courts in private sector labor-management relations;

the Board may take such action and make such recommendations concerning the Foreign Service Grievance Board action as it considers necessary, consistent with applicable laws, rules, and regulations.

(c)

Time of filing exceptions; finality and binding nature of action

(d)

Judicial review

(Pub. L. 96–465, title I, § 1014, Oct. 17, 1980, 94 Stat. 2137.)

cite as: 22 USC 4114