22 USC 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
Terms Used In 22 USC 4133
- Department: means the Department of State, except that with reference to the exercise of functions under this chapter with respect to another agency authorized by law to utilize the Foreign Service personnel system, such term means that other agency. See 22 USC 3902
- Foreign Service: means the Foreign Service of the United States. See 22 USC 3902
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- Secretary: means the Secretary of State, except that (subject to section 3921 of this title) with reference to the exercise of functions under this Act with respect to any agency authorized by law to utilize the Foreign Service personnel system, such term means the head of that agency. See 22 USC 3902
- Testify: Answer questions in court.
(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.