§ 4134. Time limitations
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/usc/title-22/section-4134A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Limitations period A grievance is forever barred under this subchapter unless it is filed with the Department not later than two years after the occurrence giving rise to the grievance or, in the case of a grievance with respect to the grievant’s rater or reviewer, one year after the date on which the grievant ceased to be subject to rating or review by that person, but in no case more than three years after the occurrence giving rise to the grievance. 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.
(b)Failure of Department to resolve grievance; grievance filed with Foreign Service Grievance Board 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.
(c)Grievances based on alleged discrimination
(1)In applying subsection
(a)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 “2 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.
(Pub. L. 96–465, title I, § 1104, Oct. 17, 1980, 94 Stat. 2144; Pub. L. 102–138, title I, § 153(b), Oct. 28, 1991, 105 Stat. 673; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 330(a), (b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–438; Pub. L. 107–228, div. A, title III, § 317, Sept. 30, 2002, 116 Stat. 1379.)
Connections9 cite this · traces to 2
Cited by 9 sections · top 7
statutes-at-large
- Public Law 106–113Making consolidated appropriations for the fiscal year ending September 30, 2000,and for other purposes
- Public Law 96–465To promote the foreign policy of the United States by strengthening and improving the Foreign Service of the United States, and for other purposes
- Public Law 107–228To authorize appropriations for the Department of State for fiscal year 2003, to authorize appropriations under the Arms Export Control Act and the Foreign Assistance Act of 1961 for security assistance for fiscal year 2003, and for other purposes
- Public Law 102–138To authorize appropriations for fiscal years 1992 and 1993 for the Department of State, and for other purposes
statute-compilations
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- Pub. L. 96–465, title I, § 1104
- 94 Stat. 2144
- Pub. L. 102–138, title I, § 153(b)
- 105 Stat. 673
- Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 330(a), (b)]
- 113 Stat. 1536
- Pub. L. 107–228, div. A, title III, § 317
- 116 Stat. 1379
- Pub. L. 107–228
- Pub. L. 106–113, § 1000(a)(7) [div. A, title III, § 330(a)]
- Pub. L. 106–113, § 1000(a)(7) [div. A, title III, § 330(b)]
- Pub. L. 102–138, § 153(b)(1)
- Pub. L. 102–138, § 153(b)(2)
- Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 330(c)]
- Pub. L. 102–138
- section 153(f) of Pub. L. 102–138
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cites case law
§ 4134
Time limitations
Stat.×5
Stat. Comp.×3
U.S.C.×1
Pub. L.Pub. L. 96–465, title I, § 1104
Stat.94 Stat. 2144
Pub. L.Pub. L. 102–138, title I, § 153(b)
Stat.105 Stat. 673
Pub. L.Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 330(a), (b)]
Cites 18 · showing 7Cited by 9 across 3 sources