22 U.S.C. § 4114 — Resolution of implementation disputes
submitted 46 years ago by Pub. L. 96-465 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 248 words · no verdicts yet
Disputes about a collective bargaining agreement must use negotiated grievance procedures with an appeal to the Foreign Service Grievance Board. Limited Board review is available, but court review is barred.
(a) The Department and exclusive representative must resolve disputes about the effect, meaning, or breach of a collective bargaining agreement through negotiated procedures. Those procedures must be fair and simple, move quickly, and allow either party to appeal an unresolved dispute to the Foreign Service Grievance Board. (b) Either party may file an exception with the Foreign Service Labor Relations Board. If the Board finds the Grievance Board’s action deficient because it conflicts with law, rule, or regulation, or for grounds similar to those used by Federal courts in private labor relations, it may take necessary action or make recommendations consistent with law. (c) If no exception is filed within 30 days after the action is communicated, it becomes final and binding and the parties must implement it. (d) Resolutions under this section cannot be reviewed by a court.
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—
be fair and simple,
provide for expeditious processing, and
include provision for appeal to the Foreign Service Grievance Board by either party of any dispute not satisfactorily settled.
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—
because it is contrary to any law, rule, or regulation; or
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.
If no exception to a Foreign Service Grievance Board action is filed under subsection (b) within 30 days after such action is communicated to the parties, such action shall become final and binding and shall be implemented by the parties.
Resolutions of disputes under this section shall not be subject to judicial review.
Source credit: (Pub. L. 96–465, title I, § 1014, Oct. 17, 1980, 94 Stat. 2137.)
- 1980Enacted · Pub. L. 96-465 · 94 Stat. 2137
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-465 on 1980-10-17.
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