22-U.S.C.-4114
§4114 – Resolution of Implementation Disputes
Pathway
Title 22 > Chapter 52 > Subchapter X > Section 4114
Details
- Reference: Section 4114
- Legend: §4114 – Resolution of Implementation Disputes
- USCode Year: 2013
Provision Content
(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, §1014, Oct. 17, 1980, 94 Stat. 2137.)
U.S. Encyclopedia of Law Coverage
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