Page:United States Statutes at Large Volume 94 Part 2.djvu/865

 PUBLIC LAW 96-465—OCT. 17, 1980

94 STAT. 2143

(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 chapter; and (G) alleged denial of an allowance, premium pay, or other financial benefit to which the member claims entitlement under applicable laws or regulations. (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 chapter 10 (hereinafter in this chapter referred to as the Ante, p. 2128. "exclusive representative"). (b) For purposes of this chapter, the term "grievance" does not include— (1) an individual assignment of a member under chapter 5, Ante, p. 2092. other than an assignment alleged to be contrary to law or regulation; (2) the judgment of a selection board established under section 602, a tenure board established under section 3060)), 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 611, or the denial of a limited career extension or of a renewal of a limited career extension under section 6O70t)); or (4) any complaint or appeal where a specific statutory hearing procedure exists, except as provided in section 1109(b). (c) This chapter applies only with respect to the Department of State, the International Communication Agency, the United States International Development Cooperation Agency, the Department of Agriculture, and the Department of Commerce. SEC. 1102.

GRIEVANCES CONCERNING FORMER MEMBERS.—Within

22 USC 4132.

the time limitations of section 1104, a former member of the Service or the surviving spouse (or, if none, another member of the family) of a deceased member or former member of the Service may file a grievance under this chapter only with respect to allegations described in section 1101(a)(1)(G). SEC. 1103. FREEDOM OF ACTION.—(a) Any individual filing a griev- 22 USC 4133. ance under this chapter (hereinafter in this chapter 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)(1) The grievant has the right to a representative of his or her own choosing at every stage of the proceedings under this chapter. (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

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