Us Code § 4133 - Freedom of action
Full text of Us Code United States Code § 4133 — Freedom of action, with citation guidance and answers to common questions.
§ 4133. Freedom of action
(a) Nature of protection
Any individual filing a grievance under this subchapter (hereinafter in this subchapter referred to as the "grievant"), and any witness, labor organization, or other person involved in a grievance proceeding, shall be free from any restraint, interference, coercion, harassment, discrimination, or reprisal in those proceedings or by virtue of them.
(b) Right to representation
(1) The grievant has the right to a representative of his or her own choosing at every stage of the proceedings under this subchapter.
(2) In any case where the grievant is a member of a bargaining unit represented by an exclusive representative, but is not represented in the grievance by that exclusive representative, the exclusive representative shall have the right to appear during the grievance proceedings.
(3) The grievant, and any representative of the grievant who is a member of the Service or employee of the Department, shall be granted reasonable periods of administrative leave to prepare and present the grievance and to attend proceedings under this subchapter.
(c) Administrative leave for witnesses
Any witness who is a member of the Service or employee of the Department shall be granted reasonable periods of administrative leave to appear and testify at any proceedings under this subchapter.
(d) Records
(1) No record of—
(A) a determination by the Secretary to reject a recommendation of the Foreign Service Grievance Board,
(B) a finding by the Grievance Board against the grievant, or
(C) the fact that a grievance proceeding is pending or has been held,
shall be entered in the personnel records of the grievant (except by order of the Grievance Board as a remedy for the grievance) or those of any other individual connected with the grievance. Nothing in this subsection shall prevent a grievant from placing a rebuttal to accompany a record of disciplinary action in such grievant's personnel records nor prevent the Department from including a response to such rebuttal, including documenting those cases in which the Board has reviewed and upheld the discipline.
(2) The Department shall maintain records pertaining to grievances under appropriate safeguards to preserve confidentiality.
(3) The Foreign Service Grievance Board may enforce compliance with the requirements of paragraphs (1) and (2).
(e) Expedition of security clearance procedures
The Department will use its best endeavors to expedite security clearance procedures whenever necessary to assure a fair and prompt resolution of a grievance.
(Pub. L. 96–465, title I, §1103, Oct. 17, 1980, 94 Stat. 2143; Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title III, §329], Nov. 29, 1999, 113 Stat. 1536, 1501A–438.)
Editorial Notes
Amendments
1999—Subsec. (d)(1). Pub. L. 106–113 inserted at end "Nothing in this subsection shall prevent a grievant from placing a rebuttal to accompany a record of disciplinary action in such grievant's personnel records nor prevent the Department from including a response to such rebuttal, including documenting those cases in which the Board has reviewed and upheld the discipline."
About This Section
22 U.S.C. § 4133 is part of Title 22 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 22 U.S.C. § 4133. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
How to Read This Statute
Statutes are organized by title, chapter, section, and subsection. Pay attention to words like "shall," "may," "and," and "or," because they determine whether a requirement is mandatory or permissive and whether multiple conditions must all be met. Historical notes and amendments often appear at the end of a section.
Using This Page
This page is intended for research and educational use. Lawyers, students, journalists, and compliance professionals can use it as a starting point, but should always verify the current text through an official government source before relying on it for legal advice, filings, or compliance decisions.