3 FAM 4470
IMPLEMENTATION DISPUTE
(CT:PER-944; 05-15-2019)
(Office of Origin: HR/G)
3 FAM 4471 PURPOSE
(CT:PER-651; 09-02-2011)
(Uniform State/USAID/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service Employees Only)
The purpose of this subchapter is to provide for the
resolution of any implementation dispute between an agency and the exclusive
representative. An implementation dispute is one which directly concerns the
rights and obligations of an agency and labor organization toward each other or
the rights or obligations between an agency and one or more employees as set
forth in a collective bargaining agreement.
3 FAM 4472 PROCEDURE
(CT:PER-944; 05-15-2019)
(Uniform State/USAID/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service Employees Only)
a. Either party to a collective bargaining agreement
may file a complaint with:
|
State
|
Director, Grievance Staff;
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USAID
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Chief, Labor Relations Staff;
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USAGM
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Associate Director for Management;
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USDA
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Director, Personnel Division, Foreign Agricultural
Service;
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Commerce
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Director, Office of Foreign Service Personnel, Foreign
Commercial Service;
|
or with the president of the labor organization which is
the exclusive representative (as appropriate) alleging that an implementation
right of the party as reflected in a collective bargaining agreement has been
violated. b. A grievance based on a specific fact situation regarding a
specific employee may be filed by that bargaining unit employee as an
individual grievance under chapter 11 of the Foreign Service Act of 1980, as
amended, or where appropriate by an exclusive representative as an
implementation dispute under chapter 10. The labor organization, when informed
that an individual employee grievance has been filed on the same facts and
issues agrees to:
(1) Withdraw its implementation dispute;
(2) Merge its grievance with the employee grievance
for processing and decision; or
(3) Hold in abeyance its implementation dispute until
the facts and issues on the employee grievance are decided at the agency level.
c. A labor organization shall have the right to file
an implementation dispute where it alleges the agency decision or settlement of
the individual grievance is inconsistent with the terms of a collective
bargaining agreement.
d. The complaint must be filed within 120 calendar days
of the alleged violation and must be submitted in writing with specificity as
to date and nature of the alleged violation. There shall be excluded from the
computation of any such period any time during which the party was unaware of
the grounds for the complaint.
e. The party against whom the complaint is filed shall
have 45 calendar days in which to investigate and respond to the complaint.
The response shall be issued by the responsible officials as specified in 3 FAM 4434.2.
f. If the dispute is not satisfactorily resolved, the
moving party may file a complaint within 45 calendar days from the date of the
response (or in any case must file within 90 days of filing the implementation
dispute) with the Foreign Service Grievance Board in writing and with
specificity as to the nature of the violation.
3 FAM 4473 GRIEVANCE BOARD
(CT:PER-651; 09-02-2011)
(Uniform State/USAID/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service Employees Only)
The action of the Foreign Service Grievance Board shall be
final and binding and shall be implemented by the parties, unless an exception
is filed with the Foreign Service Labor Relations Board within 30 days after
the receipt of the Grievance Board action.
3 FAM 4474 FOREIGN SERVICE LABOR
RELATIONS BOARD
(CT:PER-651; 09-02-2011)
(Uniform State/USAID/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service Employees Only)
The Foreign Service Labor Relations Board, under its rules
and regulations and the criteria in section 1014(b) of the Act, shall take
appropriate action on cases referred to it.
3 FAM 4475 ARBITRABILITY
DETERMINATIONS
(CT:PER-651; 09-02-2011)
(Uniform State/USAID/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service Employees Only)
Questions that cannot be resolved by the parties as to
whether a complaint is subject to this procedure, may be referred by either
party to the Foreign Service Grievance Board for a threshold determination.
3 FAM 4476 FINALITY OF CHOICE
(CT:PER-651; 09-02-2011)
(Uniform State/USAID/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service Employees Only)
An alleged violation of an implementation right as
reflected in a collective bargaining agreement may be filed under these
procedures or as an unfair labor practice, but not both.
3 FAM 4477 REVIEW
(CT:PER-651; 09-02-2011)
(Uniform State/USAID/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service Employees Only)
Resolution of disputes under this subchapter shall not be
subject to judicial review.
3 FAM 4478 AND 4479 UNASSIGNED