[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR16.7]

[Page 87-88]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 16--FOREIGN SERVICE GRIEVANCE SYSTEM--Table of Contents
 
Sec. 16.7  Agency procedures.

    (a) Initial consideration. (1) Grievances shall be considered 
through the steps

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provided in this section before they are filed with the Grievance Board.
    (2) During the pendency of agency procedures under this section, the 
grievant may request a suspension of the proposed action of the 
character of separation or termination of the grievant, disciplinary 
action against the grievant, or recovery from the grievant of alleged 
overpayment of salary, expenses or allowances, which is related to the 
grievance. The request must be in writing and addressed to the 
responsible official of the agencies, as designated in Sec. 16.8(a)(2) 
stating the reasons for such suspension. If the request is related to 
separation or termination of the grievant, and the agency considers that 
the grievance is not frivolous and is integral to the proposed action, 
the agency shall suspend its proposed action until completion of agency 
procedures, and for a period thereafter if necessary, consistent with 
paragraph (a) of Sec. 16.11, to permit the grievant to file a grievance 
with the Board, and to request interim relief under paragraph (c) of 
Sec. 16.11. If a request is denied, the agency shall provide the 
grievant in writing the reason for denial. Nothing in these regulations 
shall be deemed to preclude an employee from requesting the suspension 
of any proposed action.
    (b) Consideration by responsible officer. (1) While every effort 
should be made to resolve a complaint by an initial discussion between 
an employee and the supervisor or responsible officer, an employee may 
present the complaint as a grievance by submitting it in writing, to 
that person. (The term ``responsible officer'' as used herein includes 
any appropriate officer who has immediate jurisdiction over the 
complaint.) The presentation shall include a description of the act or 
condition which is the subject of the grievance; its effect on the 
grievant; any provision of law, regulation, or agency policy which the 
grievant may believe was violated or misapplied; any documentary 
evidence readily available to the grievant on which the grievance rests; 
the identity of individuals having knowledge of relevant facts; and a 
statement of the remedial action requested.
    (2) The responsible officer, whenever possible, shall use 
independent judgment in deciding whether the grievance is meritorious 
and what the resolution of it should be. Within 15 days from receipt of 
the written grievance, the responsible officer shall provide the 
grievant with a written response, which shall include a statement of any 
proposed resolution of the grievance.
    (3) If the response denies in whole or in part the remedial action 
requested, such response shall notify the grievant of the time within 
which to appeal the decision, and identity of the senior official, or 
designee, to whom the appeal should be addressed. In those cases in 
which the senior official, or designee, is the responsible officer to 
whom the grievance was initially presented or has participated in the 
decision process and has formally approved the written response of the 
responsible officer, the grievant shall be so notified and advised that 
the grievance may be submitted directly to the agency for review under 
Sec. 16.8.
    (c) Bureau or post review. (1) If the responsible officer's written 
response does not resolve the grievance to the grievant's satisfaction, 
within 10 days of receiving it (or, if no response is received, within 
25 days after first presenting the grievance), the grievant may pursue 
the grievance by transmitting it in writing to the senior official, or 
the designee in the bureau or post which has authority to resolve the 
grievance. The written transmission shall include all the information 
required by paragraph (b)(1) of this section and copies of any 
correspondence under paragraphs (b) (2) and (3) of this section.
    (2) Within 15 days from receipt of the grievance that official shall 
provide the grievant with a written decision, including any proposed 
resolution of the grievance. If the decision denies in whole or in part 
the remedial action requested, the communication shall notify the 
grievant of the time within which to submit the grievance for agency 
review and the identity of the appropriate agency official to whom the 
grievance should be addressed.

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