22 U.S.C. § 4134
Section 4134 · Time limitations
Viewing 22 U.S.C. § 4134 as in effect on October 28, 1991. The text changed in 2 later editions (most recent September 30, 2002).
View current version →A grievance is forever barred under this subchapter unless it is filed with the Department within a period of 3 years after the occurrence or occurrences giving rise to the grievance or such shorter period as may be agreed to by the Department and the exclusive representative. There shall be excluded from the computation of any such period any time during which, as determined by the Foreign Service Grievance Board, the grievant was unaware of the grounds for the grievance and could not have discovered such grounds through reasonable diligence.
If a grievance is not resolved under Department procedures (which have been negotiated with the exclusive representative, if any) within ninety days after it is filed with the Department, the grievant or the exclusive representative (on behalf of a grievant who is a member of the bargaining unit) shall be entitled to file a grievance with the Foreign Service Grievance Board for its consideration and resolution.
(1) In applying subsection (a) of this section with respect to an alleged violation of a law, rule, regulation, or policy directive referred to in section 4131(a)(1)(H) of this title, the reference to “3 years” shall be deemed to read “180 days”, subject to paragraph (2).
(2) If the occurrence or occurrences giving rise to the grievance are alleged to have occurred while the grievant was assigned to a post abroad, the 180-day period provided for under paragraph (1) shall not commence until the earlier of—
(A) the date as of which the grievant is no longer assigned to such post; or
(B) the expiration of the 18-month period beginning on the date of the occurrence giving rise to the grievance or the last such occurrence, as the case may be.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1991—Subsec. (a). Pub. L. 102–138, §153(b)(1), inserted “under this subchapter” before “unless”.
Subsec. (c). Pub. L. 102–138, §153(b)(2), added subsec. (c).
Effective Date of 1991 Amendment
Amendment by Pub. L. 102–138 not applicable with respect to any grievance, within the meaning of section 4131 of this title, arising before Oct. 28, 1991, see section 153(f) of Pub. L. 102–138, set out as a note under section 4115 of this title.