3 FAM 7740
LE STAFF GRIEVANCE PROCEDURES
(CT:PER-1004; 07-07-2020)
(Office of Origin: GTM/OE)
3 FAM 7741 GENERAL
(CT:PER-1004; 07-07-2020)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
a. The agency heads at each mission are responsible for the development and maintenance of a grievance process whereby Locally Employed (LE) Staff may seek to resolve workplace disputes and complaints.
b. Local law may set out grievance rights for LE Staff, and, as applicable, Post's grievance process must be consistent with Department policy outlined in this subchapter and with local law.
c. Reasonable efforts should be made to resolve an LE Staff’s complaint informally and promptly. Supervisors and other responsible officers should encourage LE Staff to discuss complaints with them and should respond in a timely manner to resolve the complaints.
d. If informal resolution is not possible, LE Staff may seek to resolve the complaint through the formal grievance process.
3 FAM 7742 Definition of a grievance
(CT:PER-1004; 07-07-2020)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
A grievance is a matter of concern or dissatisfaction subject to the control of the Mission relating to the employment of the grievant where there has been a misapplication or violation of law, regulation or written policy. A grievance includes any allegation of coercion, reprisal or retaliation for having filed a grievance or participated in the grievance process, except as described under non-grievable matters (3 FAM 7744).
3 fam 7743 grievable matters
(CT:PER-1004; 07-07-2020)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
Matters under the control of the Mission, such as physical working environment; alleged inaccuracy, omission, or error in the contents of official personnel folders ; disciplinary actions; performance evaluations; and application of the Local Compensation Plan or LE Staff Handbook may be considered through grievance procedures. This list is not all-encompassing but is illustrative only.
3 FAM 7744 non-grievable MATTERS
(CT:PER-1004; 07-07-2020)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
The following matters may not be grieved, as they are handled administratively under other procedures or are not subject to appeal:
(1) Position classification, Reduction in Force (RIF), and performance rewards are reviewed under separate procedures;
(2) The content of U.S. law/regulations and Department policies;
(3) Pay increases (or the lack thereof) under the Department’s periodic compensation review;
(4) Separation during probationary period;
(5) Expiration of limited appointment or fixed-term Personal Services Agreement;
(6) Office of Inspector General (OIG) evaluations or reports (see 22 U.S.C. 3929);
(7) Security decisions/determinations (See 3 FAM 7732.3, 3 FAM 2220 and 12 FAM 230).
3 FAM 7745 GRIEVANCE PROCEDURES
(CT:PER-1004; 07-07-2020)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
If possible, LE Staff should discuss a complaint with their current supervisor, or with the management official who oversees the area implicated by the complaint, or with post’s HR office, to provide an opportunity to resolve the matter before further steps are taken under post's grievance procedures. Nothing in these procedures prevents a grievant from seeking guidance from any official who might be helpful in the submission of a grievance or its resolution.
3 FAM 7745.1 Initiating a Grievance
(CT:PER-1004; 07-07-2020)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
a. When establishing a grievance policy, post should set out procedures for the filing and presentation of a grievance. The procedures should address timelines for filing a grievance (e.g., a grievance regarding any disciplinary action, including a separation, must be filed within a set amount of calendar days after the issuance/receipt of the official written disciplinary action) as well as the format (e.g., a written communication to the chair of the Grievance Board).
b. When presenting their grievance, LE Staff should:
(1) Identify the matter of concern;
(2) Identify the corrective action sought; and
(3) Clearly state that the grievance process is being invoked.
c. It is the grievant's responsibility to submit the appropriate documentation to support their grievance, such as statements of witnesses, copies of rules, regulations, or procedures alleged to have been violated.
3 FAM 7745.2 The Grievance Board
(CT:PER-1004; 07-07-2020)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
a. All members of the Grievance Board (the Board) shall act in an impartial manner in considering grievances. As appropriate, members of the Board should consider recusing her/himself if they have a connection to the grievance that would create or give the appearance of bias (e.g., if the LE Staff is grieving the contents of their Employee Performance Report (EPR), and the rating official for the LE Staff's EPR is a member of the Board, the LE Staff's rating official should recuse him/herself from the Board for that grievance proceeding).
b. Post’s grievance policy should specify the composition of the Board (e.g., number of members and how they are selected). The Board may include both U.S. direct hires and LE Staff. Generally, the Management Officer serves as the Chairperson of the Board. The Board should also include a member of the grievant’s employing agency if the grievant is employed by an agency other than the Department of State.
c. The Human Resources Officer, will serve as a non-voting member, and should provide subject matter and procedural guidance to the Board.
d. If post believes it cannot create an impartial Grievance Board, post should contact its regional bureau executive office for assistance in identifying personnel that can serve on the Grievance Board.
d. Although LE Staff may serve on the Grievance Board in their individual capacity, LE Staff Associations and LE Staff Committees, as entities, are not represented on the Board, nor do LE Staff have to engage or work through the LE Staff Association to pursue the grievance process.
3 FAM 7745.3 Employee Representation
(CT:PER-1004; 07-07-2020)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
The employee may choose a representative, U.S. direct hire or LE Staff, from within the Mission to help them with any part of the proceedings, including presentation to the Grievance Board, subject to the restriction that there will be no conflict of interest or undue cost to the agency or agencies concerned. Unless inconsistent with local law, no representation from outside the Mission may be used.
3 FAM 7745.4 Resolution of Grievance
(CT:PER-1004; 07-07-2020)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
An LE Staff grievance may be resolved in the following ways:
(1) The employee withdraws the grievance;
(2) The Grievance Board grants the requested relief;
(3) The Grievance Board denies the requested relief in writing; or
(4) The Grievance Board recommends other actions deemed appropriate.
3 FAM 7745.5 Appeals
(CT:PER-1004; 07-07-2020)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
LE Staff may appeal a Grievance Board decision to the Chief of Mission, or his/her designee. COM’s (or his/her designee’s) decision on the appeal is final. Post's grievance policy should provide the procedures and timeframe for the submission of an appeal.