Submitting a Grievance

An employee not satisfied with an agency's decision in a grievance case may file an appeal with the Board as provided in 22 CFR 901-910 and in 3 FAM 4410. A grievant should be aware of the following:

Filing Deadlines. An employee's appeal must be filed with the Board no later than 60 days after the employee receives the agency decision. The 60-day period provides time to formulate a presentation to the Board. In the event that the agency fails to provide a decision within 90 days of the grievance submission at the agency level, the employee may appeal the grievance to the Board no later than 150 days after the date of the original presentation to the agency. The Board may extend or waive these time limits for good cause in individual cases. The effective date of filing with the Board is: (1) the date a submission is transmitted by FAX, registered, certified or other receipted mail, or registered mail in a diplomatic pouch, or (2) the date of its receipt at the Board if delivered by other means, including regular mail.

Method of Filing. Appeals may be mailed to the Foreign Service Grievance Board, SA-15, Suite 3100, Washington, D.C. 20522-1531, or delivered during normal business hours to the Foreign Service Grievance Board, SA-15, Suite 3100, 1800 N. Kent Street, Rosslyn, VA. FAX: 703-875-5177, TEL. 703-875-5175, or forwarded by email to FSGB@state.gov . Copies of the appeal, plus all attachments must be furnished at the same time to the agency and to AFSA.

Employees stationed overseas may file an appeal by forwarding all pertinent documentation by pouch, regular mail or FAX to the Board, the agency, and to AFSA.

What to File. When an appeal is submitted to the Board, the submission must explain the nature of the grievance and the remedy sought. It should also state the reasons the agency decision is considered erroneous, and should include supporting evidence and arguments. In addition, the submission must include: (1) a copy of the original grievance filed with the agency; (2) a copy of all documentation furnished to the agency; and (3) a copy of the agency decision, if any. There is no required format, but a submission must be in writing. A letter or memorandum will suffice.

In filing with the Board, an employee should state whether or not this initial filing will be supplemented with additional evidence or argument. If no supplement is expected, the case can be handled on an expedited basis. The Foreign Service Grievance Board is an adjudicatory body that ensures the fullest measure of due process for the members of the Foreign Service. While the Board has the authority to obtain all relevant official records it does not conduct investigations. The decisions of the Board are based on the evidentiary record of documents submitted by the grievant and the grievant's agency.

After Filing the Appeal. If an employee wishes to obtain information relevant to the grievance in the possession of the agency, a discovery request, which may include interrogatories, requests for documents and/or admissions, must be transmitted to the agency, with a copy to the Board, within 20 days of the effective filing date (see Board document; 'Policies and Procedures Regarding Discovery'). A grievant may also ask for depositions, although the ordinary means of discovery are interrogatories, requests for admissions, and requests for documents. If an employee wishes to expand on the initial submission, the supplemental material must be transmitted to the Board within 30 days of the filing date or, where discovery is sought, within 30 days of receipt of the agency's response. If an employee believes these deadlines cannot, for good reasons, be met, the reasons should be fully explained in the initial submission and an extension to a specified date requested.

Inquiries. May be made by letter or memorandum addressed to the Board or by telephone. Additional information regarding completion and resolution of appeals is routinely sent to employees after a case has been filed with the Board.