(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
(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.
 So in original. Probably should be “the Broadcasting”.
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.
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
“United States Information Agency” substituted for “International Communication Agency” in subsec. (c), pursuant to section 303(b) ofPub. L. 97–241, set out as a note under section
1461 of this title.
Effective Date of 1998 Amendment
Amendment by section 1335(k)(4) ofPub. L. 105–277effective Oct. 1, 1999, see section 1301 ofPub. L. 105–277, set out as an Effective Date note under section
6531 of this title.
Amendment by section 1422(b)(4)(D) ofPub. L. 105–277effective Apr. 1, 1999, see section 1401 ofPub. 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. 102–138not applicable with respect to any grievance, within the meaning of this section, arising before Oct. 28, 1991, see section 153(f) ofPub. L. 102–138, set out as a note under section
4115 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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