Title 22--FOREIGN RELATIONS
Chapter IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS


and scope. Subpart B_Meanings of Terms as Used in This Chapter 901.10 Act. 901.11 Agency. 901.12 Board. 901.13 Executive...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR901.10] [Page 271] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 901_GENERAL--Table of Contents Subpart B_Meanings of Terms As Used in This Chapter Sec. 901.10 Act. Act means the Foreign Service Act of 1980 (Pub. L. 96-465, October 17, 1980), as amended. [56 FR 55458, Oct. 28, 1991] ...


U.S. Information Agency, the Department of Agriculture, or the Department of Commerce, if the Agency employs the individual appearing in a case before the Board and/or has...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR901.12] [Page 271] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 901_GENERAL--Table of Contents Subpart B_Meanings of Terms As Used in This Chapter Sec. 901.12 Board. Board means the Foreign Service Grievance Board, including any designated panel or member thereof. ...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR901.13] [Page 271] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 901_GENERAL--Table of Contents Subpart B_Meanings of Terms As Used in This Chapter Sec. 901.13 Executive secretary. Executive secretary means the executive secretary of the Board or his or her designee. ...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR901.14] [Page 271] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 901_GENERAL--Table of Contents Subpart B_Meanings of Terms As Used in This Chapter Sec. 901.14 Service. Service means the Foreign Service of the United States. ...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR901.15] [Page 271] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 901_GENERAL--Table of Contents Subpart B_Meanings of Terms As Used in This Chapter Sec. 901.15 Exclusive representative. Exclusive representative means any labor organization which is certified as the exclusive representative of the bargaining unit of which the grievant or charged employee is a member. ...


is a citizen of the United States, or for the purposes of Sec. 901.18(a)(7) a former member of the Service, or in the case of death of the member, the surviving spouse or,...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR901.17] [Page 271] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 901_GENERAL--Table of Contents Subpart B_Meanings of Terms As Used in This Chapter Sec. 901.17 Charged employee. Charged employee means a member of the Senior Foreign Service or a member of the Service assigned to a salary class who has been proposed for separation for cause under section 610(a)(2) of the Act. ...


an Agency which is alleged to deprive a member of the Service who is a citizen of the United States of a right [[Page 272]] or benefit authorized by law or regulation...


the exclusive employee representative under section 1002(11) of the Act. For the Department of State and the Agency for International Development (AID), the exclusive...


Agencies employing the grievant/charged employee and/ [[Page 273]] or having control over the act, omission, or condition leading to appearance before the...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR901.21] [Page 273] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 901_GENERAL--Table of Contents Subpart B_Meanings of Terms As Used in This Chapter Sec. 901.21 Record of proceedings. Record of proceedings means the case file maintained by the Board on each grievance case, or separation for cause proceeding. ...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR901.22] [Page 273] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 901_GENERAL--Table of Contents Subpart B_Meanings of Terms As Used in This Chapter Sec. 901.22 Representative. Representative means the person(s) identified in writing to the Board as assisting the party or parties in the presentation of the case. ...


Authority: Secs. 1105 and 1106 of the Foreign Service Act of 1980, Pub. L. 96-465 (22 U.S.C. 4135 and 4136), as amended. The chairperson presides over meetings of the...


a whole, the Board may not act in the absence of a quorum. A majority of the members shall constitute a quorum. The Board will act by a majority vote of those present. Amendments...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR902.3] [Page 273] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 902_ORGANIZATION--Table of Contents Sec. 902.3 Board staff. The chairperson shall select the Board's executive secretary and other staff provided for in the Act. The executive secretary and staff shall be responsible only to the Board through the chairperson. [50 FR 31354, Aug. 2, 1985] ...


of exclusive representative. 903.5 Service of documents. 903.6 Interrogatories. 903.7 Acknowledgment. 903.8 Withdrawal. 903.9 Access...


received or obtained by the Board in connection with the case shall be placed in it unless the Board excludes such material under Sec. 903.3. The parties and the...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR903.3] [Page 274] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 903_INITIATION AND DOCUMENTATION OF CASES--Table of Contents Sec. 903.3 Rulings on materials. The Board may at any stage of the proceedings exclude materials from the record of proceedings at the request of a party or on its own initiative, on the grounds that such materials are irrelevant, immaterial or unduly repetitive. ...


grievant/charged employee and any labor organization which has been certified as the exclusive representative of employees of the Agency, whether the relevant position occupied...


to the exclusive representative, if any. The Board shall send copies of its correspondence concerning the case to the parties and the exclusive representative,...


the other party unless the Board finds such interrogatories irrelevant, [[Page 275]] immaterial, or unduly repetitive. Parties shall follow procedures established...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR903.7] [Page 275] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 903_INITIATION AND DOCUMENTATION OF CASES--Table of Contents Sec. 903.7 Acknowledgment. Each case received shall be acknowledged in writing by the executive secretary of the Board. If in the judgment of the executive secretary additional documentation or information is needed, he or she may request such materials. ...


determined by the Board to have lapsed when the grievant fails to respond in writing to two successive written Board inquiries within any deadline fixed for such response....


party may protest such denial before the Board in connection with the case. (b) In considering a case, the Board shall have access to any Agency record as follows: ...


witnesses employed by the foreign affairs agencies. In the event that the agency of the grievant determines that the requests for access are excessive, it may so notify the...


of agency actions. Authority: Secs. 1101, 1104, 1108, and 1109 of the Foreign Service Act of 1980, Pub. L. 96-465 (22 U.S.C. 4131, 4134, 4138, and 4139),...


Board will make a preliminary determination of its jurisdiction unless the Board concludes that resolution of the question of jurisdiction should be deferred until the Board...


to filing a grievance, that the matter or matters which are the basis of the grievance be considered or resolved and relief provided under another provision of law,...


action against the Grievant, or recovery from the Grievant of alleged overpayment of salary, expenses, or allowances, which is related to a grievance...


for cause. Authority: Secs. 610 and 1106 of the Foreign Service Act of 1980, Pub. L. 96-465 (22 U.S.C. 4010 and 4136), as amended. (a) In...


was justified, provided, however, that in a grievance concerning suspension without pay pursuant to section 610(a)(3) of the Act, the Board's determination of...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR905.3] [Page 277] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 905_BURDEN OF PROOF--Table of Contents Sec. 905.3 Separation for cause. In separation for cause cases, the agency has the burden of establishing, by a preponderance of the evidence, that the proposed separation is for such cause as will promote the efficiency of the service. [50 FR 31356, Aug. 2, 1985] ...


panels and members. 906.5 Prehearing conferences. 906.6 Powers of presiding member. 906.7 Conduct of hearing. 906.8 Witnesses. 906.9 Failure of party to appear. ...


the Service for expiration of time-in-class or based on relative performance, or (b) In any case which in the judgment of the Board can best be resolved by a hearing...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR906.3] [Page 278] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 906_HEARINGS--Table of Contents Sec. 906.3 Notification. When the Board orders a hearing, the executive secretary shall so notify the parties in writing. The parties shall be given reasonable notice of the date and place selected by the Board for the hearing. ...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR906.4] [Page 278] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 906_HEARINGS--Table of Contents Sec. 906.4 Hearing panels and members. Unless the Board and the parties agree otherwise, all hearings shall be held before a panel of at least three members. ...


considering: (1) Simplification or clarification of the issues; (2) Serving of interrogatories; (3) Stipulations, admissions, agreements on documents,...


(b) Order further conferences; (c) Regulate the course of the hearing; (d) Administer oaths and affirmations; (e) Dispose of procedural requests and similar matters; ...


be present at the hearing. The Board may, after considering the views of the parties and of any other individuals connected with the grievance, decide that a hearing should...


a witness shall give the other parties reasonable notice of the time and place of the deposition and of the identity of the witness. (b) Availability. Upon request...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR906.9] [Page 279] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 906_HEARINGS--Table of Contents Sec. 906.9 Failure of party to appear. The hearing may proceed in the absence of any party who, after due notice and without good cause, fails to be present or obtain an adjournment. ...


(a) In a case in which a hearing is not required under Sec. 906.1 of this chapter, the Board may request in writing that specified documents or other evidence be furnished to...


Service Act of 1980, Pub. L. 96-465 (22 U.S.C. 610, 4010, 4136, and 4137). [[Page 280]] If the Board finds that a grievance is meritorious, the Board...


a hearing before the Board pursuant to section 610 of the Act, the Board shall have the authority to direct the Agency to pay reasonable attorney fees to the same extent and in the...


or assignment of the Grievant or to other remedial action not otherwise provided for in this section, or if the Board finds that the evidence in a grievance...


of Board decisions. Authority: Secs. 1106 and 1107, Foreign Service Act of 1980 (Pub. L. 96-465; 22 U.S.C. 4136 and 4137). Source: 50 FR 31358,...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR909.2] [Page 281] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 909_DECISIONMAKING--Table of Contents Sec. 909.2 Board order. Where the Board's decision imposes action on an Agency the decision shall be in the form of a remedial order addressed to the designated official of the Agency. A copy of the decision shall be supplied to each party. ...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR909.3] [Page 281] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 909_DECISIONMAKING--Table of Contents Sec. 909.3 Board recommendation. Where the Board's decision is a recommendation, it shall be directed to the head of the Agency. A copy of the decision shall be supplied to each party. ...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR909.4] [Page 281] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 909_DECISIONMAKING--Table of Contents Sec. 909.4 Other decision. Where the Board's decision requires no action by an Agency, the decision shall be forwarded to the grievant. A copy of the decision shall be supplied to each party. ...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR909.5] [Page 281] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 909_DECISIONMAKING--Table of Contents Sec. 909.5 Time limits for compliance. Orders of the Board and recommendations which are not rejected in accordance with Sec. 908.2 of this chapter shall be complied with within any time limits for compliance established by the Board's decision, unless the Board extends the time limit on a showing of good cause. ...


permit the Agencies, the exclusive representative organization(s), and the members of the Service to become aware of the general nature of the cases it has received and...


Record of grievances awarded. 910.5 Judicial review. 910.6 Pending grievances. Authority: Secs. 1106, 1107, 1110, and 2401 of the Foreign Service Act...


are made without providing the other parties a chance to participate. (b) Ex parte communications concerning the merits of any matter which has or may come...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR910.3] [Page 282] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 910_MISCELLANEOUS--Table of Contents Sec. 910.3 Board policy statements. The Board may publish statements regarding policies it has established as to its operations and procedures. [50 FR 31358, Aug. 2, 1985. Redesignated at 56 FR 55460, Oct. 28, 1991] ...


of the grievant or charged employee. (b) The records of the Board shall be maintained by the Board under appropriate safeguards to preserve confidentiality and shall...


United States in accordance with the standards set forth in chapter 7 of title 5 of the United States Code. 5 U.S.C. 706 shall apply without limitation or...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR910.6] [Page 282] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 910_MISCELLANEOUS--Table of Contents Sec. 910.6 Pending grievances. Any grievance pending before the Board prior to February 15, 1981 shall be resolved under the provisions of the Foreign Service Act of 1946 as amended, and the regulations promulgated thereunder. [50 FR 31358, Aug. 2, 1985. Redesignated at 56 FR 55460, Oct. 28, 1991] ...


determination. 911.6 Finality of choice. 911.7 Review. Authority: Sec. 1014 of the Foreign Service Act of 1980, Pub. L. 96- 465 (22 U.S.C. 4114),...


the date of the response (or in any case must file within 90 days of filing the implementation dispute) with the Board in writing and with specificity as to the nature of...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR911.3] [Page 283] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 911_IMPLEMENTATION DISPUTES--Table of Contents Sec. 911.3 Procedure. Implementation disputes shall be handled by the Board in accordance with the procedures set forth in parts 901--910 of this chapter. ...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR911.4] [Page 283] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 911_IMPLEMENTATION DISPUTES--Table of Contents Sec. 911.4 Effect of Board decision. The action of the 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 receipt of the Grievance Board action. ...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR911.5] [Page 283] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 911_IMPLEMENTATION DISPUTES--Table of Contents Sec. 911.5 Arbitrability of determination. 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 Grievance Board for a threshold determination. ...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR911.6] [Page 283] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 911_IMPLEMENTATION DISPUTES--Table of Contents Sec. 911.6 Finality of choice. An alleged violation of an institutional right as reflected in a collective bargaining agreement may be filed under these procedures or as an unfair labor practice, but not both. ...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR911.7] [Page 283] TITLE 22--FOREIGN RELATIONS CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS PART 911_IMPLEMENTATION DISPUTES--Table of Contents Sec. 911.7 Review. Resolution of disputes under this section shall not be subject to judicial review. [[Page 285]] ...




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