§ 4114. — Resolution of implementation disputes.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 22USC4114]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER X--LABOR-MANAGEMENT RELATIONS
Sec. 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) of this section
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
If no exception to a Foreign Service Grievance Board action is filed
under subsection (b) of this section 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.
(d) Judicial review
Resolutions of disputes under this section shall not be subject to
judicial review.
(Pub. L. 96-465, title I, Sec. 1014, Oct. 17, 1980, 94 Stat. 2137.)
Section Referred to in Other Sections
This section is referred to in sections 4107, 4109, 4115 of this
title.
