§ 4131. Definitions and applicability

(a)

(1) Except as provided in subsection (b) of this section, for purposes of this subchapter, the term “grievance” means any act, omission, or condition subject to the control of the Secretary which is alleged to deprive a member of the Service who is a citizen of the United States (other than a United States citizen employed under section 3951 of this title who is not a family member) of a right or benefit authorized by law or regulation or which is otherwise a source of concern or dissatisfaction to the member, including—

(A) separation of the member allegedly contrary to laws or regulations, or predicated upon alleged inaccuracy, omission, error, or falsely prejudicial character of information in any part of the official personnel record of the member;

(B) other alleged violation, misinterpretation, or misapplication of applicable laws, regulations, or published policy affecting the terms and conditions of the employment or career status of the member;

(C) allegedly wrongful disciplinary action against the member;

(D) dissatisfaction with respect to the working environment of the member;

(E) alleged inaccuracy, omission, error, or falsely prejudicial character of information in the official personnel record of the member which is or could be prejudicial to the member;

(F) action alleged to be in the nature of reprisal or other interference with freedom of action in connection with participation by the member in procedures under this subchapter;

(G) alleged denial of an allowance, premium pay, or other financial benefit to which the member claims entitlement under applicable laws or regulations; and

(H) any discrimination prohibited by—

(i)section 2000e–16 of title 42,

(ii)section 206(d) of title 29,

(iii)section 791 of title 29,

(iv) sections 631 and 633a of title 29, or

(v) any rule, regulation, or policy directive prescribed under any provision of law described in clauses (i) through (iv).

(2) The scope of grievances described in paragraph (1) may be modified by written agreement between the Department and the labor organization accorded recognition as the exclusive representative under subchapter X of this chapter (hereinafter in this subchapter referred to as the “exclusive representative”).

(b) For purposes of this subchapter, the term “grievance” does not include—

(1) an individual assignment of a member under subchapter V of this chapter, other than an assignment alleged to be contrary to law or regulation;

(2) the judgment of a selection board established under section 4002 of this title, a tenure board established under section 3946(b) of this title, or any other equivalent body established by laws or regulations which similarly evaluates the performance of members of the Service on a comparative basis;

(3) the expiration of a limited appointment, the termination of a limited appointment under section 4011 of this title, or the denial of a limited career extension or of a renewal of a limited career extension under section 4007(b) of this title; or

(4) any complaint or appeal where a specific statutory hearing procedure exists, except as provided in section 4139(a)(2) of this title.

Nothing in this subsection shall exclude any act, omission, or condition alleged to violate any law, rule, regulation, or policy directive referred to in subsection (a)(1)(H) of this section from such term.

(c) This subchapter applies only with respect to the Department of State, Broadcasting Board of Governors, the Agency for International Development, the Department of Agriculture, and the Department of Commerce.

(Pub. L. 96–465, title I, § 1101, Oct. 17, 1980, 94 Stat. 2142; Pub. L. 97–241, title III, § 303(b), Aug. 24, 1982, 96 Stat. 291; Pub. L. 102–138, title I, § 153(a), Oct. 28, 1991, 105 Stat. 673; Pub. L. 103–236, title I, §§ 180(a)(10), 181(a)(4)(A), Apr. 30, 1994, 108 Stat. 416, 417; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(k)(4), title XIV, § 1422(b)(4)(D), Oct. 21, 1998, 112 Stat. 2681–789, 2681–793.)

Amendments

Amendments

1998—Subsec. (c). Pub. L. 105–277, § 1422(b)(4)(D), substituted “Agency for International Development” for “United States International Development Cooperation Agency”.

Pub. L. 105–277, § 1335(k)(4), substituted “Broadcasting Board of Governors,” for “the United States Information Agency,”.

1994—Subsec. (a)(1). Pub. L. 103–236, § 180(a)(10), inserted “(other than a United States citizen employed under section 3951 of this title who is not a family member)” after “citizen of the United States” in introductory provisions.

Subsec. (b)(3). Pub. L. 103–236, § 181(a)(4), made technical amendment to reference to section 4011 of this title to reflect renumbering of corresponding section of original act.

1991—Subsec. (a)(1)(H). Pub. L. 102–138, § 153(a)(1), added subpar. (H).

Subsec. (b). Pub. L. 102–138, § 153(a)(2), in par. (4), substituted “section 4139(a)(2)” for “section 4139(b)” and inserted at end “Nothing in this subsection shall exclude any act, omission, or condition alleged to violate any law, rule, regulation, or policy directive referred to in subsection (a)(1)(H) of this section from such term.”

Change Of Name

Change of Name

“United States Information Agency” substituted for “International Communication Agency” in subsec. (c), pursuant to section 303(b) of Pub. L. 97–241, set out as a note under section 1461 of this title.

Effective Date Of Amendment

Effective Date of 1998 Amendment

Amendment by section 1335(k)(4) of Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.

Amendment by section 1422(b)(4)(D) of Pub. L. 105–277 effective Apr. 1, 1999, see section 1401 of Pub. L. 105–277, set out as an Effective Date note under section 6561 of this title.

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–138 not applicable with respect to any grievance, within the meaning of this section, 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.