Petition for Writ of Certiorari — Hays v. Anderson

Supreme Court brief1959

Ask Donna

What actually matters in this document.

Text

5 ee. We

MN aus ies Meee fee ee

fat it eee

- / IN THE -

} JAMES R. BROWNING, Clerk

SUPREME COURT GF THE UNITED: TES -

| OCTOBER TERM, 1958

. & te : eg ;

No. - seams 115

° a os ’ i

* JOHN A. HAYS, -

; eee Petitioner,

my yo: :

ROBERT. B. ANDERSON, RT AL., .

2 . gine Respondents. -

"PETITION FOR A WRIT OF CERTIORARI TO THE

COURT OF APPEALS FOR THE DISTRICT OF

ban CIRCUIT

~ reo : Wars : W. Garps ER,

_ Aurrifp L. Scanuan,.

_ 734 Fifteenth St., N.W.,

. W ‘ashington 5, D.C. i38 cc apt

ee ae ae: Sasuss. mS Shenwoon,

ae bee, 637 Warngs Building, | ~~

pe er ey ee Washington - oS % ae

* Grorce Scuw ARTZ,

Mercantile Bank Building,

Miami Beach, Florida,

; Attorneys for Petitioner.

Juse 12, 1959. nia, So

> e

- 4

» TABLE OF CONTENTS | ee

a aM _ Page

. Opinions. ee 7 ee . 1

| Seviatiaes fs 3 ae

Question Presented Oe eas : 7 Le geri

. Regulations Inyolved .° Ahonen, ~ Moe

Statement of the Case eee ' ees

1. Proceedings Below oa : Sich . * ‘3:

2. Petitioner’s Government, Servi “Seer 3.

3. Charges Against Petitioner and Proveedions

~<- - Jee. 8 | Meee eae 3.

4. The ‘Appeal Picsosdiada. : fae soe ———

- ‘Reasons For Granting. The Writ * Reis Pie SEPT

: Ay Flie “Secretary Failed to Comply with hie oun.

. Regulations .... yee

B.. An Authoritative Construction of the idee. . > of

'*° . gute Procedure By This Court Is fte- + oe

Spe quired ets ov eW ome ee Pree. _

Conciaaion - 'a\ pone ts eeu Snead bine ors < :

AppendixA .- >: pris pte par f/f: MW.

Appendix B | Re ca a ata ek en eee

Appendix C SENN. Rasectr aes nwa 8 Die aut LI ce ae

AppendixD Saar Re aoe 21

‘AppendixE gee er’ ie 24

Appendix F- <a * Ntg/ | y See ¢ oor

AppendixG PE OM aa a a Fe a ae

=“ us ~ Civations * // - @

Cases: ieee ve . :

Accardi v. Shaughnessy, 347 U. 8. 260, 267°° 7, 8, 14

Bank of U. S. v. Dandridge, 5 RET eae 2

Bilokumsky v. Tod, 263. US | eee 8

Bridges vi Wixon, 326 U..S. 135, 153... > a

Chapman v. Sheridan-Wyoming Co. 338 U. S.621 ¢ 8.

Coleman v. iron a F. Sai, 662 winced path: Sak

fea ae Aciaccas eee eee NPE Nh a ee

—5961:8 - -

ase

5 :

2 ie - io: ..

tS WH. Gof Co, Lamborn Co., 281 F..613, 616- :

| (CCA, 54922), cert. den. 260° U. S. 734 . , | oe

_ Exhibit Supply Co, vy. Ace Corp., 315 US. 126,128... 15

we Parmers’d& M. Bank v. Federal. Reseri-e Board, 262. |

— U. $. 649, 662 os a nae 4

— Muncie Gear Co. v. Qutboard Co., 315 U. S. 759, 655 Nic, Bees

Schriber Co. v. Cleveland. Tritst Co., 305 U. De caso ae

; a0 : ‘es eS arene > < x LAD Pars 3) ‘ime ®, «Pew ee eee = 4 Se * ee - 15 : 3 j

Service v. Dulles, 394 U.S. 363 Peer? 7; 8,14 y-

Supervisors v. United States; 71 U.S. 435 — > ap 11

Terre II atte € Ind. R: Co. y. Indiana, 194U. 8.579. ae

Vitarelli v- Seaton, No. 101, 1958 Term eS” See

U.S. v. Lexington Mills & E. Co., 232 U.S. wer.) ae. )

Watson v. United States, B55 U.S. 14, cere aes 7 ;

oe *, Ls ee. - ae

| Statutes: ae eS a pent lis |

SU BGO coca: eee

OR Oe Se tee ae Oe 4

umm ee Meee a ae 1

-28 U.S. C. 1391 ng tilt UP Re oe Cay Sale 15.

7 : Miscellaneous: | hs meet ee 7

5 C.F.R. 22:402 (1958 Cum. Supp.)) we 9 :

DIR-J AX-Memo. No. 54-29, Adm. No. 16, Supp: No. om

gs Ee i a coer oe ae |

Executive Order. No. 9830. 282.8... OT” 49: i

Fedeyal, Personne] Manual = — , - 10

Treasury Department Memorandtin No. 54-29. 12

Treasury Department ‘Personnel Circular No. 165 6

Webster’s New Interrrational Dictionary, 2nd Unabr.

Ha, 1957, p. 1517. ...... EIU Ae es (Lee: ae 11

“3 :

—

® °

: |

% * ek

7 THE re

-setheme COURT, OF THE. UNITED STATES.

OCTOBER TERM, 1958 3

No. i an

Calo 8 le, |

Dy dace = a Petitioner,

_ =. - . ;

, . ROBERT B. ANDERSON, ET-AL,

Respondents.

PETITION FOR A WRIT OF CERTIORARI TO THE.

COURT OF APPEALS FOR THE DISTRICT OF

_ COLUMBIA CIRCUIT Ces ¢

Petitioner: prays that. ‘a writ ot certiorari issue to review

-thé judgment of the Court of. Appeals for the District of

Columbia Cireuit - ‘entered in the. atiove- entitled case: on

Degember 24, 1958.

Opinions. Below ,

The order of the District Court-is unrepor ted. Thé opin--

ion of the Court of Appeats, printed in Appendix A at- -

tached eS is aaiaiuee at 262 F. - 725.

: mes ' .* . Jurisdiction - | OS

The jurisdiction of this Court i is divine under 28 U.S. C.

1254(1). The judgment of the Court of Appeals Was -en- ©

y & ma a,

tered on eo 24, 1958 (R. 42), “A petition. for rehear-

_ing was denied on February 12,: 1959 (R. 50). This Court

, by ordgr of May 5; 1959, granted 4 petitioner an extension of

' time in which to file a petition, for éertiorari until J une 13,

1959 (Appendix B, attached cciaaes 5

: “Question Presented |

The Secretary of Treawery, acting through sesigpaina oe

subordinates, denied the opportunity of a hearing before

a grievance committee which was timély sought by an em-.

ployee, in thé classified Civil Service system without vet-

eran’s préference, who was contesting his discharge.’. The

question is whether the Secretary must comply, and if so,

- whether he has complied, with his régulations which pro-

hi vided that such a hearing may be jheld When _—

} except in the’ case of trivial ees. |

"Regulations Involved

This case involvés : is ras he

(a) Executive Order No. 9830 (12 Fed. itég. 1259), issued

- February , 24, 1947, and pyinted ‘in. — ~~. in ~

* pendix C ‘attached. ‘heretoy

(2) Treasury Depertment Pefsonnel ‘ireular No. 165,

dated March 27, 1952, and — in Appendix D —

hereto: rar

(3) RC-ATC: Meikle No. 54. 29, ham. ‘No. 16, is-

sued by thegRegional Commissioner, Atlanta, Georgia, In-

ternal Revenue Service, Department of Treasury, dated

‘,. November 22, pees, and printed in _— E attached

hereto.

(4) Federal Personnel Manual, Chapter E2, TS 286,

_ January. 17, 1950, and printed in pertinent _—* as Ap-

: aes F attached hereto.

ris "Statement of the Case”

7 i. Pesesciiaee Below ..The case comes to this Court —

- from the affirmance by the C ourt of Appeals for the District,

of Columbia Circuit of the trial court’ '¢-judgment granting .

- respondents’ motion. for summary judgment, denying pe-

- titioner’s cross motion for summary judgment, and’ ~ *

missing: the complaint. . No testimony was introduced’

either side‘in the triaT court. ‘The statement of the; case:

which follows is based upon the facts pleaded in the com-

- plain’ “(R. 1- 6), and admitted in the answer (R. 7-8), anc

on_those contained. in-the Affidavits and annexes dttached -

-theteto, which were submitted in support of the respective .

_ cross motions for summary judgment (R. 1181, 35-39).

2. Petitioner’s Gov ernment Service. At the time of his"

discharge, petitioner was a non-yeteran employee in the

~. elassified Civil Service of the Gov ernment of the United - a

_ States (R. 2y. Prior to his removal from Government .

- service, petitioner had been a’ Federal employed for over.

20 years (R.2). Upto the time of his discharge from Fed-

-eral | serviee in 1999, petitioner’s performance ratings had -

always been satisfactory; or better (R..2). At the time —

of his removal froin ‘Federal employment, petitioner .was

serving as an Internal Revenue Agent, “Internal Revenue

Service (hereinafter | sometimes referred to-as IRS), U.S... -.

Treasury. Department, Jacksonv ille, Florida. Petitioner’s —

grade, | at the time of his ‘discharge, was “GS-11; his salary

was $6,340.00 { per annum A(R. 2). 3

3. Charges Against Petitioner and Proceedings Thereon.

_ By letter dated March 23, 1995, petitioner was served wend

charges preferred. by the. District Director (R. 11).

‘summary, the ‘letter charges allegéd that: petitioner ( "7

had prepared ‘and filed false tax returns for the years T948,

_1949 and 1950, | in claiming his 67 year old widower *': or

: ’

- Ps \ -

ar rs ‘ ; : prea A ‘

~ Nas a dependenit in those-ycars; (2). had filed false reports of

3 ee ° ° .

official duties performed ‘on five occasions ; and’ (3) had in-

sulbid a taxpayer during the course of’ a: conference (R.

11-12). The letter of charges’ advised the petitioner ‘that

. he would be removed from Federal service if the allega- —

_ “tions made against him were. established (R, 11).

Petitioner answered the charges -preferred against him

by a comprehensi¥e affidavit, with supporting aftidavits at- |

tached, on March 30, 1955. ‘Issues of fact were presented

as to each charge and specification. (R. 13). No hearing on

', \the’charges preferred and the petitioner’s reply to them

_ Was provided. On April 13, 1955, the District. Director

notified the petitioner’ that.-he would be removed from his

position as of April 29, 1955°(R: 18). The letter of noti-_

— fication advised that of theeoriginal three chafges made

against petitioner, the setond af which contained five sep-

arate specifications, petitioner was absolved of: four of the

* five specifeations of the second charge (allegedly falsely

reporting. offitial duties: performed), but that the other —

charges against him had been sustained (R. 18). The letter;

‘gave no explanation of the decision but..nterely repeated

the charges (R. 18-21).' °: ar ; :

4. The Appeal Proceedings. The District Director’s

Notice of adverse decision also advised petitioner that he

could (1) request the Civil Service Commission to ‘investi-

' ———_-r-- } ; ; Ree . "

’ Petitioner, in his original answer to the’ charges, and thereafter, has

claimed that he“had listed his widowed father, who lived in Pittsburgh,

_ Pennsylvania, and not in Florida, as a dependent. under the erroneous -

“belief that his father had retired and was not werking (R. 13). No

penalties were recommended or assessed against the petitioner in 1952,

* when he paid ‘the deficiencies’on his. tax returns for 1948-50 (R. 13).

The surviving specification of ‘the sechnd charge was decided on_incon-

_ ¢lusive inferences as to the. lovation of petitioner’s activities gn a single’

. dey eight menths before (R. 12, 15-16). -Petitiqner’s version“of a verbal

dispute during a conference with a taxpayer, who may or may not have -

* been the person who made the anonymous complaint which formed the g

basis of the third charge against him, is found in the record (R.. 16-17).

‘foe o

Pen P ; /

y/ .

A Ny oe De re Oe ES ee et a Ware oo

—_-

ee TS Be eee

A) 5 i ‘ : ;

‘i and (2) that he oo “right to appeal ee decision

Pa “under the grievance proéedure ‘of the Treasury Depart-

:. tempted appeal. to the Civil Service Commigsion was denied

-by that Commission, and‘is not now in issue.”

-Petitioner’s appeal; pursuant. to the grievance procedure

ae gionak Commissioner, IRS, Atlanta, Georgia, by letter

q dated August 3, 1955 (R. 26). His-action follow ed what he

«. deseribed as ‘‘the presentation made by you and your at-

- torney during the hearing conducted in this office on July

we 27, 1955.’’ (R. 26). ‘his seems to ‘have. been the same

4 ‘tion of a ‘personal discussion’’ (R. 25). ,

3 ‘Petitioner’s appeal was next rejected by the, Acting

a Commissioner: of Internal Revenue, in a.letter dated Oc-

le teber 5. 1955, which also adyised that petitioner could take

i further appeal, under the Department’s ° grievance proce-

} @ ure, to the Director of Personnel (R. 27).

z= Section 4 of the grievance procedure ‘of the Treasury De-

partment provided (App. D, infra, Pp. 22. 23):

ment’’ (R. 2]). Petitioner pursued both avenues. His at-..

of the Treasury Department first was denied by the Re- |

meeting which had earle? been scheduled under the deseri ip-

(0). If the employee is not satisfied with the finding of

‘the head of the bureau or ‘office, he may present the:

wrievance in writing to the Director of Personnel,

Treasury Department, -for consideration and’ ad-

is directed shall be given an opportunity to make

written answer to the arievances” “The Director. of

Personnel shall endeavor to adjust ‘the complaint

-by'informal.action. © .- be

5 —————————

2 The issue of the ‘legality of ee Ail Serviee Commission's denial of

petitionér’s.appeal Was raised ayJAesolved against him in ‘both the District

Court and the Court of Ap

| to this Court. .

Cie s

justment. ‘The person against whom thg grievance.

Is (R. 30, 41). a issue Is not presented’

6°

‘‘(d) If such efforts to settle the grievance fail and the

_ employee requests a hearing,-a committee of three-

_~* may be formed to hear and consider the grievance

‘ and make a recommendatign. A committee will

not be formed to hear trivial complaints. -

“(1) The committee will be composed as follows:

The aggrieved employge will name a person of his

choice to be a member of the committee; The Director

of Personnel will name the second member; and the

two members thus chosen will agree upon a third mem-

ber who will act as chairman. ‘If the first two members

are unable to agree upon a third within’ a week, ‘the

Administrative. Assistant. Secretary will appoint a

third member who &hall not. be an employee of the

‘bureau involved. All three mémbers of the commit-

tee must be employces of the Treasury Departnient.. .

\ ‘(2) The committee shall hear orally the Sikes

presenting the grievance, as well-as the person or p_r-

sons against whom the grievance is made. ;

#663) The committee. after considering all the evi-.-

dence produced at the hearing will make its report

and recommendation i in writing to the Director of Per-

sonnel for review, approval, or comments if not ap-

proved, and transmittal to the Office of the Adminis- .

trative Assistant. Secretary: hese final Departmental

action; —i(“ ait ve aeee™

‘Petitioner appealed to the hein of Tere of the

Treagury Department on October 14, 1955, requesting an

oral hearing,-and the Director’ denied such a hearing by

‘| of October 24, 1955 (R. 36). On December 13, 1955,

the Director denied petitioner's appeal (R. 36). He further F,

advised prteoner by = of January * » 1956, that :

—

““ . . it-is not the policy of the Department to hold

\ hearings on appeals in dismissal actions ... In so far

as appeals to the TreasuryyDepartment are concerned,

there ‘is no provision requiring an oral hearing; and —

therefore nothing was denied you .. .’’ (R. 28.)

Reasons for Granting the Writ

y The Court .of Appeals has held that petitioner was

- not denied any procedural rights in the removal proceed-

ing pursuant to which he was discharged from the Treasury °

Department (R. 41).: That ruling is in conflict with con-

trolling decisions of: this Court, which have held that

procedural regulations validly prescribed by a Government

administrator are binding on the administrator ‘as well as,

the citizen, even where ,the administrative action under re-

‘view is purely discretionary in nature. Accdrdi v. Shaugh-

nessy, 347 U. S. 260; Service v. Dulles, 354 U. S. 363; Wat-

son v. United States, 355 U. S. 14, Vitarelli v. Seaton, No.

101, 1958 "Term: : . Se a

Bo Apart from the conflict between the decision befow

and previous. decisions of this Court, the issue raised in

this case presents an important question of Federal admin-

+ 2 . . » :

istrative law affecting’the employment and removal rights

of non-veteran Civil Service career employees in the Gov- .-

ernment of the United States. Unless reversed or clarified

. by this Court, the decision of the Court of Appeals for the.

District of Columbia in this case will furnish the controlling.

construction to be observed in the interpretation of similar.

regulations prescribing the grievance procedures to be ap-

plied to career employees in the Federal service.

‘" We state these reasons in detail below.

’ i ee a am

8 ‘ Bi

A. The Sieg Failed to Compby with his own

Regulations '

‘This Court has firmly established the oe that if a

Governrient official or agency lawfully prescribes rules of

procedure, these are binding on the Government as well as

the citizens. Accardi y. Shaughnessy, 347 U. S. 260, 267;

Bridges v, Wizon, 326 U.S. 135, 153; Chapman v. Sheridan-

Wyoming Co., 338 U. S. 621; Bilokumsky v., Tod, 263 U: S.

149, 155. The rule applies even where -the administrative

_ action under review is discretionary in nature. ‘Accardi v.

_ Shaughnes: ‘y, supra. In Service v. Dulles, 354 U. 8. 363,

it was held nat, even though the Secretary of State had.

_ absolute discretion to. remove an employee of the Foreign ©

Service “‘whenever ‘he shall deem such termination neces-

sary or advisable in the interest of the United: States,’” the ~

tin Secretary’ s action could not stand when he-departed from

’ his own procedural regulations i in removing a Foreign Serv-

ice officer. The same-rule was applied in Vitarelli v. Seaton,

No. 101, 1958 Term, even when a discretionary power of

ae removal was used in an effort to validate a removal defec:_

tive under the Department regulations. See also, Watson v?

: = States, 355 U- S. 14, where, i in a per curiam decision ~

reversing the Court. of Claims in an action brought for

~ back pay, this Court ‘applied again the rule that a Govern-

ment administrator is bound by his.own procedural regula-

tions. The principle of these cases controls the instant

case. Indeed, it can be. argied that it should hold-with +

special force in this jnstanee. The petitioner is a member

- of the classified Civil Service system. In Service, the em-

« ployee was.a Foreign Service officer and not in the clas-

» sified systeni; in Vitarelli he was a “Schedule A’’ employee

subject to summary discharge ; and in Watson the petitioner

was a probationary employee.

-% wee enee

A a Oe a i a =

<=>

ow in removing petitioner on the basis

answer. Following consider

‘

There is no argument here that.the Secretary of ceniury.

lacked the discretionary, substantive 9fthority to remove:

the petitioner. Petitioner is a non-vateran Civil Service

~ employee. The only procedural requir kinents imposed by

statute which the Secretary of Treasury vas obliged to fol-

charges preferred

against him are found in, 50. B.C. 652(a). These, the

Secretary largely observed. The getitioner was given ‘

notice in writing of the charges agaifist him, and was per-

mitted an opportunity for filing a/written answer to the

. charges and. for furnishing Albss davit in support of his

ion of petitioner’ s answer,

ritten decision, although, it is

he was furnished with:

true, an unexplained

- The petitioner ave’ veteran’s status. If he had,

he would have had a statutory right to an appeal to the Civil

Service Commission from any decision sustaining the

charges brought against him, by virtue of Section 14 of

the Veterans Prefer@hce Act of 1944. .58 Stat. 390; 5 U.S.C.

863. Lacking such status, however, petitioner could not

_ claim either a statutory right of -appeal,-or- theright to-the—~’

~ hearing expressly granted Civil Service employees . with

veteran’s preference through iam regulations of the

_ Civil’ Service Commission," ;

If, however, the statutes are dives. the adininistrativ e

regulations are not, and undertake to offer ‘adequate proce-

dura! protection during the course of the proceedings for

involuntary removal from Government employment. These

are found insthe Treasury Department grievance prove-

a? t ;

* Renubetiene of the Civil Sérvice Commission give the Federal em-

ployee having veterans preference the “right to a tearing” before the

office of the Commission taking ‘initial adjudication of his ease.” 5 C.F. ke

22.402 (1958 Cum. Supp.): This right was spelled out in aida nts

to the Ciyil Servi ice Regulations “published in 20 Fed. Reg. 2699, April ra

1955. ‘

’

10°

dete App.” D), and were mot provided wliiiiaiaes: in this ,

case. : Paid

The griev ance aia of the Department of beidiateies :

was’clearly within the authority of the Secretary af Treas-

ury.to promulgate. Séc. 01.244) of Executive Order No.

9830 (App. C) provides that: pees

" <The (Civil Service]. Commission shall prestribe-pro-.-

cedures to be followed by agencies in connection with

rmovals, demotions and suspensions in the competitive

service which will insure equitable and uniform treat-

- ment of employees against whoni | an adyers action is

proposed.’’ .

, ‘

Pursuant to the delegation.of authority vested in it by Exec- .

utive Order No. 9830, the Civil Ser ce Commission has is-,

sued detailed standards and instructions to guide ‘Federal -

agencies in. adopting _grievanee-~procedutes | (App. . F).

- Among the standards which the. Commission applies in de-

termining whether or not to approve a proposed grievance |

procedure of a particular Federal administrative agency

is s paragraph 6 of Chapter. E2 (App. F):

‘‘Before the head of: an agency makes a final decision,

the cmployee should have air opportunity .to: present -

_ the matter to either a permanent or an ad‘ hoe com-*

thittee or board, whose recommendations should e ad-

visory and designed to guide the head of the agency

in reaching a decision. Membership on the committee

should be. limited to employees of the particuler

agenvy.”” -— y esi see

re previously noted, siuprd, p. 6, the grievance proce.

dure issued by the Treasury Department made specific

provision that where ‘‘the employee requests a hearing, a

committee of three may be, formed to hear and consider the

te ”

’ Fite de sicsnsgleies ¢ cians

asa Go 8

. ;

grievance and make a recommendation. A comniittee will.

‘not be formed to hear trivial complaints.’’ (App- D.)

These regulations have been violated, unless the bare

word ‘‘may’’ gives the Secretary a wholly: discretionary

power to form the grievance committee and grant the hear-

_ ing, or, if he chooses, to deny this -protection altogether.

Usually, of course, when the word ‘‘may”’ appears in a-stat

ute, regulation or other legal document, it is to be given its

ee en Se

ordinary “grammatical meaning, connoting permission or

power to _ action. Terre Haute & Ind. R, Co. v. Indiana,

194 U. S. 579. However, the cases are frequent in which it

has been wn or recognized that the word “‘may,7’ oveurring

in-a statute, regulation or other legal instrument, i he .

construed as “shall” or ‘*must,’* and thus be given & man-

_datory meaning, when the context of the subject matter in

which the word occurs compels that construction. oo

visors v. United States, 71 :«U. 8.485; Bank/of U.

Dandridge, 25 U. S. 63 ; Farmers & M. Bank yw. She

Reserve Board, 262 U. 8. 649, 662; USS: . Lexington Mills

é. E. Co. , 232 U.S. 399. The Sethe have recognized

this alternative but equally acceptable construction of the

~word ‘may. ” For instance :

‘‘Where the sense, purpose or policy, of a statute lor

regulation | requires _ it, may ‘as used in. the. statute

for regulation] will be consideréd as must or shall

: * Webster's New International Dictionary, 2nd

Unabr. Ed., 1957, p. 1517. a

scans cannot be pane doubt of jn ‘meaning. of the word.

‘¢may,’’ as it appears in Section 4(d) of Personnel Circular

No. 165 (App. D). In the first place, Section “4(d), by its

own terins, provides that a grievance committee ‘will not

be formed to hear trivial complaints. **. Clearly, the op-

portunity of a hearing before a grievance committee is not

“ oe ae

pe to en serious cases. Respondents will hardly argue

that the involuntary dismissal. of a. Federal employee, a

member of. the classified Civil Service, with over 20 years

a Government’ employment, did not present a serious

tnatter for purposes of the. application of Section 4(d).

4 However, if doubt. remained, the Treasury Department

las itself. dispelled it. * In Treasury Department Memora'n-

— dum No. 54-29, Adm. No. 16, issued: by the Regional Com- .

missioner, and. dated November 22, 1954 (App. E), it is

expressly provided that the grievanee procedure regula-

tions, including -the’ provisions of Section 4(d), ake to be —

applicable in the case of the attempted removal «\ a non-

; _ Veteran employee. ‘That memorandum states ; =

“The erievance pr ocedure may also be used. to appeal -

: forma adverse personnel actions for which no specific :

- appeal procedure is av ailable. For erampie, the griev-

ance proc edure may be used by a non-veteran to” appeal

his removal, but it may not be-used to appeal the re-

moval of a veteran who submits an appeal to the Civil”

Servi ice Commissidn_undér the procedure provided for

veterans by Section 14 of the Veterans’ Preférence

_Act.”” (Italies peeny

‘Too plainly for argument, if the removed employee ‘*may’

use the grievance procedure, the Department may ‘not deny:

c.f; ———o Sele * ‘

Finally, the Federal Personnel Peary Clapter rE

_ (App. F) provides, in subparagraph (6) thereof, that the

heads of Federal Administrative agencies, befure making |

' a final’ decision ‘upon a grievance presented to them,

‘*should’’ provide the employee congerned with ‘tan Op-

“

4 Sabseduently, the expressed imitation on thé right of a) veteran

who had initiated an appeal! under the Veterans’ Prete ‘rence Ac¥ to utilize

the grievance procedure was deleted. DIR-JAX- Memorandum: No. .4-24,

Adm.. No. 16, Supp. No. 1, Deeeniber 15, 1954.

ORG eR | GOO ROOD ETT

ee aS CO ie Sie OSS

S -

Be tear 13

portunity to present the matter to a permanent or-an ad - -

hoc committee or board, yhose recommendations should

be advisory and designed -rnidesthe head of the agency

in reaching a decision.’’ (App. F.) It is true that the pré- >

visions of the Federal. Personnel. Manual are not regula-

tory, but merely,intended to provide standards of Federal .

personnel management. Nevertheless, the provisions of |

Chapter E2 of the Manual are to be applied ‘in dete rmin- -

ing whether or not to approve a proposed grievance, proce-

dure.’’:(App. F.) "The Tr¢asury Department's grievance

procedure was approved Wy the Commission, and as ex-

pressly noted therein, was ‘issued under the authority of:

(hapter E2, Federal Personnel Manual (App. D). There-

fore, if the word ‘‘may,’’ as ‘it appears in Section 4(d) of

‘ the Treasury Department grievance procedure, were in-

tended: by that Department to carry a permissive meanjng

only, then to that extent Section 4(d) would not square with

the standards of Chapter E of tlie Federal: Personnel Man-—

ual, and eguld: not have been approved by the Commission.

The opportunity for a hearing before a grievance ¢om-

mittee, which Section 4(d) of the Treasury Department's

griev ance procedures gives the non- veteran “employee. who’

contests his attempted removal from his Federal employ- -

ment, is thus not a right to be granted or withheld by the:

Secretary of the Treasury-as he sees fit.- The language of

Section 4(d) itself, which specifically excludes the right to a,

hearing before a committee where the complaint is a trivial

one, the standards issued by ‘the Civil Service Commission:

as a condition of its approval of the adoption of grievance

procedures by Federal administrative agencies,.and the

spirit and general purposes of the Treasury Department's

_gxieva ance procedure, li like those of other .Federal agencies,

~ combine to @all for a construction of Seetion 4(d) which’

requires that. the Secretary of Treasury afford a hearing.

: y goer uatearen

before ‘a grievance. committee in all cases of involuntary

- removal or discharge-of a non-veteran employe. If we-are

correct in that analysis, then. it follows that the decision —

of the Court. of Appeals in this: case conflicts. with the results

reached. and. the rule enunciated by this Court in Accardi v:

‘ Shaughnessy, 347 U. S. 260, Service v. Dulles, 354 U. &

363, a d Vitarelli v. Seaton, No. 101, 1958 Term.’

, An Authoritative Construction of the Griev ance

/- _ ~ Procedure "By This Court is Required

j ® : ,

; ye A grievance procedure of the Department of Treasery,

‘affords the only ‘opportunity ‘to appeal formal adverse .

personnel actions for which no specific appeal procedure i is

available’’ (App. E). The Treasury Department employee

who does net enjoy veteran’s’ status finds in Section 4(d)

ofthe grievance procedure of that Department - his only

opportunity for a hearing before a tribunal whose inde- |

pendence and’ objectivity of judgment is at least partially.

assured by the fact that the employee is entitled to select

. one representative thereon (App: C): Yet if Seétion 4(d)

of the Treasury Department’s grievance. procedure means

no more than that the Seeretary of Treasury may grant or’

deny a hearing before a grievance committee as he sees

~ fit, even where the issue.is whether the employee should be

discharged, an important’ procedural proteétion | and ‘the

only: opportunity. of the non- veteran employee fora hearing

before an objective tribunal in protesting. one remov - from

service can, as here, be denied him. : i

A considerable number of Executive Departments and.

earn ‘

- ¢ $The Court of Appeals for the District of Cini Cire uit ip another

case followed Accardi v. Shaughnessy and Servjce v. Dulles, supra, in

holding that \the Fedkral ‘administrator who promulgates procedural

rules to be followed in exercising diseretion otherwise vested in him by

. statute must comply with his own rules. Coleman v. Brucker, 257 F. 2d

661, 662 (C.A. D.C.1958). vine :

. | ; ¥ : . . ; . ¥ * :

‘ Federal administrative agencies, acting under the general

. standards set up by the Civil Service Commission, and with . :

its approval, have adopted grievance “procedures: broadly

similar in purpose and content to those prescribed by the |

'Preasufy Department. Attached hereto as Appendix G to

. this petitiongis a limited sampling, set out in. pertinent

parts, of grievance procedures that have been, promulgated

by several Federal administrative agencies. - Those noted

make provision’ at some stage in the grievance procedure

for a hearing before a grievance committee prior to any

final decision by the Read of the agency. If thé decision

“of the Court of Appeals sustaining the narrow. construction

’.

which the.Department of Treasury has given Section 4(d)

‘ . y . . . . hi

of cits. grievanee procedure in this case is permitted to

stand, it will, in normal course, become the final word on _

‘the construction: of similar grievance procedures through- |

out the Federal government. The heads of Federal depart- :

-. ments, and of most administrative agencies, reside within

the District of Columbia... A civil action wherein jurisdiction

is not founded solely on diversity of citizenship “emay be

brought only in the judicial district Where all the defendants

reside’. . .”7 28 U.S.C. 1391(b). W, H. Goff Co. v. Lamborn’

Co., 281 F. 613, 616 (C.C.A-5, 1922), grt. den. 260 U.S. 734.

There is little likelihood, therefore, that the issue decided

. by the Court of Appeals in this case can be raised in the.

future in any other circuit. The question of whether the: .

Treasury Department's grievance procedure. was intended

to guarantee an opportunity of a hearing before a grievance.

committee to a non-veteran Federal employee before his in-

- voluntery discharge from the classified Civil Service was

finally effected, should be passed upon by this. Court in

this case, since it must be settled in this case, if at all.”

- | Muncie Gear Co. v. Outboard Co., 315 U.S. 759, 655; Exhibit

Supply Co. v. Ace Corp., 315 U. S. 126, 128; Schriber Co. v.

Cleveland Trust Co., 305 U. S. 47, 50.

- &

‘For the foregoing reasons, this petition for writ of

certiorari should be | Rranted. .

Respectfully submitted,

Warner W. Cisberes,

Aurrep L, Scan.an, Miva?

734 Fifteenth Street,N.W.,

, a Washington 5, D.C. 3

s\ °. Samugi I. Suerwoop, ~ ¢ 7

837 Warner Building,

- Washington 4, D. C.

GrorGE Scuwartz, eee:

Mercantile Bank Building,

oi ety - Miami Beach, Florida. |

Soa ie gate, Attorungs for Petitioner.

~e June 12, 1959. Ske a ea?

es x ‘ ; --, : e : 5 ”

“ .

m F : af ®

v : 3

_ APPENDIX A

‘fendants’) motion foresummary judgment, denying that of

appellant. (plaintiff), and dismissing the complaint. ©

The suit was filed to.obtain’a judgment against the Secre-

tary of the Treasury, the Commissioner of Internal Revenue,

and‘ the members of the Civil Seryice .Conimission, de-

-. ereeing and directing, among other Ahings, that appellant

be restored to the position in the Internal Revenue. Service -

‘ from which it was claimed he-was unlawfully removed.

Essentially, appellapgicjaims that the Civil Service Com-

appellant’s appeal on ‘ground that it ‘was filed too late,

_and that'the Treasury Department violated pertinent laws,

rules and regulations when it arbitrarily and capriciously

denied appellant’s procedural rights. es

= .

We have examined the record of the proceedings and have

a Per Curtam: This case is before the court on appeal from, |

a judgment of the District Court granting appellees’ (de- .

mission was woapcegee Wome capricious in refusing to accept :

reached the conclusier that. the Civil Service Commission, ~ |

under the circumstances of this case, properly refused to

accept appellant’s appeal, and that he was, not denied any

procedural rights inthe remo®al proceeding in the Treasury

Department. z

At follows that the judgment of the District Court must

be andis — 7 by gy ant eee es

APPENDIX B

" SUPREME court OF THE UNITED STATES,

OCTOBER TERM, 1958.

eee naa ~ No:

\ , cs ‘ .

— \ . Joun A. Mays, PETITIONER, = | *

a ; i

- ANDERSON, SECRETARY OF TREASURY

Genes EXTENDING Se TO FILe Prtrrion FOR. Writ or

Centionant

Upon consiperation of the application ofenoupee! for -

petitioner(s), +

It is orDERED that the.time for filing petition for writ “Of |

‘certiorari in the aboye-entitled cause ‘be, and the same is

7 hereby, extended to and: including June 13, 1959.

(s) asi: Wissen.

Chief Justice of the United States.

Dated this oth ‘day of May, 1959.

—

19.

APPENDIX Cc

‘Executive Order 9830 «

Amending the Civil Service. Rules and Providing for

_ Federal Persommel Administration _

By virtue of the authority vested in me by the Consti-

tution, by section 1753 of the Revised Statutes:(5 U.S. C.

631), by the Civil Service Act of January 16, 1883 (22 Stat.

403), and as President of, the United States, it is hereby

ordered as follows, effective May 1, 1947: <a

2 S oak yi |

¢ ° oe

ORGANIZATION FOR PzkSONNEL ADMINISTRATION ~

Organization for personnel administration in the execu-

tive branch of the Federal Government is hereby prescribed

as follows:

Sec. 01.1. Responsibility for personnel management.

' Personnel‘management is a primary responsibility of all

who plan, direct, or supervise the work of Federal ‘em-

ployees. Personnel management methods should be-con-

sistent fér the Government as a single employer and yat

be suffteiently Hexible-to meet the ‘diversified conditions in

the Federal service. ; oe .

‘Sec. 01.2.’ Civil Service Commission responsibilities

under this order. (a) The (oinmission shall be responsible

to the President for the proper application of the Civil

Service Act’and Rules, the. Veterans’ Préference Act, and

all other applicable statutes and Executive orders, imposing

responsibilities on the Commission. ,

_(b) The Commission shall exercise and provide leader- |

ship-in personnel matters throughout. the Federal service,

‘and in the’ discharge of this responsibilit shall, whenever

’ J

practicable, consult Faderal agencies. | o

(ec) The Commission § 1all develop-and promulgate stand-

ards, applicable to the competitive service and designed t4

protect and promote ifs efficiency, for the reinstatement or

_reemployment of former Federal employees, and for the

‘promotion, demotion, reassignment, and transfer of present

_ employees. The Commission shall a'so determine the’ .

applicability, in’ general and in specific cases, of the re-

employment provisions: of (1) section 8 of the Selective

Training and Service Act of 1940 (54 Stat.890) as amended

(50 U. S. C.-App. 308); to persons who left the Federal.

service to serve.in the armed forces of the United States,

and (2) section 2 of the act of June 23, 1943, 57 Stat. 162,

as amended (50 U. S. C. App. 1472), to persons who left

the Federal service to serve in the merchant marine; and

the Commission may issue such regulations or instructions

as it may deem necessary or- appropriate for carrying out

the said reemployment provisions. ae ,

(d) The Commissiqn shall: prescribe procedures to be’

followed ‘by agencies in connection.with removals, demo- _

tions, and suspensions in the competitive service which will;

insure equitable and uniform treatment, to employees .

against whom adverse action is proposed, hahedy,

(e) The Commission shall, when consistent with law and

with the econémjcal and efficient administration of the

Government, delegate to the agencies its authority to-act

in personnel matters in accordance with standards issued

by the Commission. — "

(f) The Commission shall maintain an adequate system

of inspection to determine that equitable and sound ap-

plication of statutes, Executive orders, regulations and

standards relating to personnel management is being ar- =

ried out by the aggneies. Whenever the inspection indicates

fcilure on the part of an agency to adhere to established

. policies, regulations and standards, the Commission shall

taki such action as may be appropriate to bring about ad-

herence thereto. In this connection, the Commission -may

suspend or revoke any delegation of its authority. ©

ROY RENT RS

'_ . APPENDIX D

, _ Attachment to DIR-Jax:Memorandum

f. No, 54-29, Adm. No. 16

'U. 8. TREASURY DEPARTMENT

Office of the Commissioner of Internal Revenu

. .Washington 25, D. C.

P-Cireular Letter . |

. eo : May 5, 1952

| Policy and Procedure for Handling Employee Grievances

/ .

OFFiceRs AND EMPLOYEES oF THE BurEav OF INTERNAL:

ne CONCERNED: 2

‘There is quoted below for your information and guidance

. Personnel Circular No. 165, dated March 27, 1952, ap-

proved by Mr. William W. Parsons, Administrative As-

sistant Secretary of the Treasury,-which sets forth thé |

Department’s: policy and the’ established procedure for

handling employee grievances.

1; Purpose:

It has been notéd from Civil Service inspection reports ~

that the Treasury Department’s Grievance Procedure, is-

~ sued December 8, 1942, has not been properly distributed, .

-cireylarized or otherwise called to the attention of all

employees. The Grievance Procedure is, rc a heing

reissued as a Personnel Circular, with a view tojobtaining

‘complete dissemination among Treasury emplayees, .

- 2. Authority: f

A 2 a .

» Chapter E2, Federal Personnel Manual. Un: eons

3. Policy: |

(a) The Treastiry Department maintains- an open

policy with reference to the settlement df grievances, and,.

oe is believed the great majority of complaints

22°

can and should be settled at their,source every employee

has the right of appeal, either orally or in writing, to oa

the Secretary of the Treasury, or to those in the Seere-

tary’s Office to whom he las delegated responsibility for

such matters. In presenting complaints or grievances in

accordance with the procedure hereinafter provided, em-

ployees shall be free from any restraint, interference, .

coercion, discrimination or reprisal. The employee shall

- have the right to designate, if he so desires, a representa-

tive or representatives of his own. choosing to present

his grievance to the supervisor, Director of Personnel,

or to any other person Gr committee designated te con-

sider his appeal. 7 hee

(b) The procedures set forth herein shall not be avail-

able in those types of~cases in which specific appeals

procedures have been provided by Civil Service regula-

tions. e

a ;

4. Procedure:

In order to provide for the handling of grievances in

-an orderly manner, the following procedures are estab-

lished:

(a) Supervisors should hear promptly and courteously

the complaints of employees under their supervision,

should attempt to clarify any ‘misunderstandings, and .

should make any reasonable adjustments that appear to

be desirable or necessary. If there are — involved

_ which, in the supervisor’s opinion, are~operating in-

equitably, he should so advise his own supervisory of-

ficer with his recommendations for changes. —

. (b) If the employee is not satisfied with the action of

the supervisor, he may present his case, either orally _or

in writing, to the next official in line or to the head of

‘the bureau or office. | oe |

the head of the bureau or office, he may present the

grievance in writing to the Director of Personnel, Treas-

ury Department, for consideration and adjustment. The’

person against whom the grievance. is directed ‘shall be

_ given-an opportunity to make written answer to the

Br .

: 3 2°,

2 oe

grievance. The Director of Personnel. shall endeavor

to adjust the complaint by informal action. -

(d) If such efforts to settle the grievance fail and the

employee requests a hearing, a committee of three may

es be formed.to hear and consider. the grievance and make

_ @ recommendation. A committee will not be formed to

hear trivial complaints. ar

( 1) The committee will be composed as follows: The

. aggrieved ‘employee will: name a person of his choice to

be.a member of the committee; The Director of Personnel

will name the second member ; and the two members-thus ~

chosen will agreé upon a third’ member who will act

as chairman. If. the first two members are unable to

agree upon a third within a week, the Administrative

Assistant Secretary will appoint‘a third membér who

shall not be ‘an employee of the bureau involved. All -

three members of the committee must be employees of .

the Treasury Department.

(2): The committee shall hear orally the employee pre-

senting the grievance, as well as the person or persons

against whom the grievance is made. <

A483) The committee.after considering all of the evidence

~ produced at the hearing will make its report.and recom-

mendation in writing to the Director of Personnel for”

review, -apprev al, or comments if not approved, the trans-

retary for final Departmental action.

- 5. Distribution: oie. a

The contents of this circular will be made known to all

employees by posting on bulletin boards, Lecwiaiesessiicace or

other methods. .

An ample initial supply: of this circular letter is being.

Anished in order that it may be adequately distributed.

: ong all employees. In addition, it is desired that it be

oo = posted an all bulletin boards.- _ °

A copy of this P-Circular Letter should be incorporated

-in all Personnel Procedure Manuals under General Infor-

mation, Pages 25-24 and 25- 25. ?

. ' (Signed) Joun M. Pesta,

Commissioner.

mittal to the Office of the Administrative Assistant Sec- as

. reaage E.

U, S. TREASURY DEPARTMENT

_ Internal Revenae Service

Office of the District Directer......... . -

eo Jacksonville, Florida yd

: Pare November 22, 1954.

DIR-Jax-Memorandum No. 54.29 Adm. No. 16-

Policy and Procedure for Handling inployee Grievances

Section 1. Purpose’

. ; : 2 a

01 The purpose of this memorandum is Yo call the at-.

tention of*all employees in.the Jacksonville District to the

Treasury Department Grievance Procedure described ‘in

-P-Cireular Letter dated May 5, 1952, which quoted Treas-

‘ ury Departnient Circular No. 165, which is attached. - In

view of the changes in supervisory. levels since the Re-

organization, it appears desirable also to explain to em-

ployees: the channels through which grievance appeals

should be forwarded within the Internal Revenue: Service.

Section 2. Authority : ma

.01. Treasury Department Circular No. 165, dated March

27, 1952; Internal_Revenue P Circular Letter dated May 5,

1952; Memorandum of October 27, 1953 from the Assistant

_ Commissioner-Administration; RC-ATL-Memorandum No.

54-62, dated September 13, 1954; and Chapter. E-2 of the

‘Federal Personnel Manual. | signe

Section 3. ‘Scope

.01 The provisions of this memorandum apply to all em-..

ployees of the Jacksonville District.- . :

.02 The term grievance as used in

means primarily an employee’s expresse& feeling of. dis-

satisfaction with aspects of his working corlitions and re-

* lationships which are outsidehis contro. TF every organi-

‘zation no matter how well ac

is. memorandum

time to time frictions, sometimes between. employees and

supervisors, sometimes between employees, and sometimes

occasioned by physical'working conditions or agency prac-

tices. The grievance procedure is a method of. deter-

_ mining the specific causes of any such frictions or grievances

~~ anid fine ng-the-best way to remove them: before they reach

serious Proportions. The griévance-procedure may also

be used to appeal formal adversé personnel actioiis~for

which no specific appeal procedure is available. For ex- |

ample, the grievance procedure may be used bya noi-

veteran to appeal his removal, but it may not be used to

appeal the removal of a veteran who submits an appeal

to the Civil Service Commission under the procedure pro-

vided for veterans by Section 14 of the Veterans’ Pref-

erence Act. The grievance procedure is not ‘uscd for

appeals of reduction in force, classification actions; or per- ,

- formance ratings or for appeals dealing with discrimination

_ because Of race, color, religion, or national origin, . because |

specific appeal procedures are provided for. these matters.

(Procedures for the appeal of performance ratings and

classification actions are described in DIR-Jax-Memoran-

dum No. 54-30, dated November 23, 1954. Procedures gov-

erning Fair Employment Practices are outlined in Treas-

ury Department Personnel Circular No. 136, 3rd Revision.)

’ Section 4. Procedure

01 Fhe Treasury Department policy as stated in the

attachment is based on a belief that the great majority of

complaints can and should be settled at their source, but

that every employee has the right of. appeal, either orally

or in writing, to the-Secretary of the Treasury or those

acting for him. In order that grievances may be handled

seribed procedures to be followed in their presentation,

which are outlined below as they are to be applied within

the Internal Revenue Service in. this District:

1.-An employee who has a grievance should discuss it—

- first with his immediate supervisor. Most grievances

should be settled informally at this stage. Supervisors ~

in an orderly manner, the Treasury Department has pre- .

should hear promptly and courteously complaints .of |

employees under their supervision, should attempt to

clarify any misunderstandings, and should make any

reasonable adjustments that appear to be desirable or

_ necessary which are within their authority. Where the

_ Supervisor is unable to make-changes which he considers |

‘advisable, he should make recommendations through <his

Own supervisor. . aoe :

2. If an employee of this office is not satisfied with the

action of his supervisor, he should present his case to

the next official in line or to his Division Chief. “Any

official to. whom a grievance is preserited should give

the employee a decisiun as soon as possible. It is nsually

preferable that an employee submit his case in writing.

3. An employee’s grievance, if presented in writing, must,

receive a written reply. Any supervisor above the level :

of the employee’s immediate supervisor. who receives a

grievance appeal must make at least an informal written

record of his action., — ae es |

Foe

ren?) eh r

+ ee ee 4

_ 02 An employee of this District who is not satisfied with

the decision of supervisory officials at the lower levels may

present. his grievance to the District Director. The District:

Director, after considering the case, and after any investi-

gation or hearing which he considers appropriate, will 7

‘notify the employee in writing of his decision, eee

> 03 An employee who is not satisfied with the di ision of

the Djstrict Director with regard to grievance may pre-

sent his case, preferably ir iting, to the Regional Com. .

| missioner, who will arrange for. such inquiry into the case

Soa srsenpanacenen! as may be appropriate, and will render

_——~ts decision promptly in, writing.

_ An appeal under the grievance procedure of an’ adverse

" personnel action, such as-removal, suspension, or change

to lower grade for administrative reasons other than clagsi-

fication action, which is taken under. the delegated per-.

sonnel authority of a District Director should be addressed,

to the Regional Commissioner, who will forward the appeal,

with his recommendation to the Commissioner, attention; —

Pil

PPPS Les

27 -

Director, Personnel and Training Division, for deaision. If |

the employee is not satisfied with the decision made by the ,

Commissioner, he may present his case in writitig through’ .

the Commissioner to-the Director of Personnel, Treasury

es Department, for further consideration. This right of appeal

. is available ‘to all employees, and is in addition to any

right of appeal that such employees may have to the Civil - -

Service Commission. An advance. personnel action (such

as a removal) of which an employee must be given advance

“notice, an opportunity to reply, and then a final notice. of

So the- District Director’s decision should riot be appealed

under the grievance procedure until the employee has re-°

ceived the final notice from the District, Director.

04 An ev.ployee who is nét satisfied with the decision

of the Revionul Commissioner on a grievance should request

the Regional Commissioner to forward his appeal to the _

Commissioner, The Regional Commissioner -will forward -

_ such cases’ with his recommendation to the Commissioner,

attention: Personnel and Training Division, for a decision.

05 An py who is not satisfied with the decision °

made by the Commissioner of. Internal Revenue on a

grievance. ‘may ‘present his case,in writing through the ©

Commissioner. to the Director of Personnel, Treasury De-

__partment, for: further consideration as’ provided in para-

. graph 4( ¢) and (d) quoted in the attachment.

.06 It is particularly important that grievances be pre-

_. sented through normal supervisory channels i in order that

problems may be resolyed. with a minimum of delay at the

lowest possible level... However, if -an employee believes

_ he has valid reasons -for not’ following the procedurés

outlined above, he may refer his complaint directly to the.

District Director or to the Chief of the Personnel Branch, |

who will investigate the matter and assist all concerned

in effecting a satisfactory conclusion. be P

Section 5. Referral to Inspection Service . :

01 Tf q grievance involveg,allegations of misconduct or

irregularities on the part of any employee or supervisor,

over which the Inspection Service has inv estigative re-

oe as set forth in IR- Mimeograph_ No. o4- 134,

fees | ee

dated July 23, 1954, the case will. be referred to the Office

. Of the Regional Inspector promptly as provided in those

- Instructions and in RC-Atl-Memorandim No: 54. Deci-

sions may be delayed in such cases until completion of any

necessary investigation. by the Office of the Regional In:

_ Spector. -

Section 6. Distribution

01 This memorandum and the attachment, which quotes |

the Treasury Department Grievance Procedute, are being

-distributed to all employees. In addition, they should be -

| \. kept. posted on all bulletin boards in the Jacksonville head-

_ quarters office and in the field Offices, = ee

€.

Section 7. Effective Date

01 The provisions of this memorandum are effective

immediately. - =

Laurie W. TOMLINSON, |

te _ District Director.

ne. ae

‘ ae

x ie, “\:

: \

—

29°

APPENDIX F

Chapter E2—Employee Relations, 3

Grievance Précedures

-CoveraGe ano Derinitions *

* This ‘section deals with the establishment of procedures

for handling grievances in Federal agencies. |

Grievance as used in this section means an employee's

"expressed feeling of. dissatisfaction. with’ aspects of his.

- - working conditions:-and relationships which are outside his

control, Cao

* Grievance ocedure as used in this section means -a

method of @§ermining the specific cause of the grievance |

and finding the best way to remove it. eae

) Grievance procedures are inténded for use when the dis:-

satisfaction arises in the day-to-day working relationships .

between employee and employee or hetween employee and

supervisor, tf the cause of disasatisfaction is an official

action the agency. or the Civil Service Commission, a

formal appeal or request for review may be the proper

urse of action to take: 3 ae as

. Recunatory Backcrounp’. |-.

Executive Order No. 9830 is the source of authority for

instructions relating to the establishment’of grievance pro-

cedures in Federal agencies. The fulltext of Executive :

Order No. 9830 is printed in Chapter Z1, beginning on page

Z1-203. . Sp: ax ie

ee Requirep -AcTION |

The Director’of Personnel shall establish grievance pro-

cedures. Before they are put into effect, he shall.obtain the

official approval of both the Civil Service Commission and

. ‘the head of, the agency. He shall send requests for Com-_

mission approval of proposed procedures,’ whether for use

in Washington or elsewhere, to the Efficiency Ratings Ad- *

ministration Section of the Personnel’ Classification Divi-.

sion of the Commission. is i ae

| Stanvarps Arpuiep in Commission’s Review

The Commission will apply: the following’ standards in

determining whether or not‘ to approve a proposed griev- °

ance procedure. ‘Administrative procedures and details

will, of course, differ from agency to agency, because of:

. ifferencies in points of view or in prevailing conditions. —

¢ Adherence ‘to the letter and spirit.of these standards

should praduce a' grievance procedure which will improve >

‘ morale, working conditions, and efficiency. ie. |

_. (4) Both supervisors and. employees should have an op-

a ttunity to take part in developing and formulating the

" “procedare. ..—- Aoay ‘ian : cs |

~ © , (2): The-Director of Personnel or some’other appropriate

official reporting directly to. the bead of-the agency should

have full and definite responsibility for the administration

of the procedure. He should maintain an epen-door policy

_-- and permit employees to consult with him freely and in- '

_ formally. Before making ‘any recommendations he should

consult with-appropriate supervisors. pees ~

(3) There should be a simple orderly method whereby

. the employee may. presént his grievance within the agency

. . to his own supervisor and to those higher in the supervisory

_ and administrative line. The employee should. have the QD

assurance that if satisfactory settlement is not made at a

lower level, he may: carry the matter to the head of the

- agency for review and_-final decision. ;

(4) The procedure should recognize the operating ad- .-

ministrative responsibility of supervisors at all levels to

. receive and act pron tly and fairly upon the grievance of

their subordinates, and should. provide for the delegation —

_ of appropriate authority to carry out this responsibility.

(5) As soon as a grievance has been carried beyond the.

immediate supervisor, all facts relating to it should be.

presented in writing by the employee and by any individual :

against whom the grievance may. be directed. The state-

ments should indicate clearly. who is aggrieved and the

specific nature of the grievance. In such cases, provision -

: should afso be made for a written decision. ’

_ >. (6) Before the head ofthe agency makes a final decision,

‘unimpeded and assured freedom from

31 ‘ie pean

the, aiainien: should have 2 an. opportunity to present the

matter to either. a permanent or ab ad hoc committee or:

board, whose recommendations should be advisory and de-

signed to guide the head of the ageticy in reaching ‘a deci-

sion. Membership on the committee} shBuld- be limited to

- employees of the particular agency.

(7) The employee should’ be assured of a ‘reasonable

. amount of official time to prepare. -and present his grievance.

(8) In presenting a grievance, ‘th employee should, be -

estraint, interfer-

ence, coercion, discrimination, or reprisa 3

(9) The employee should have the right to designate a

representative or represenfatives of his\| own aueang to

present his grievance. .

(10) The’ statement- of procedate or some other official

document of the ‘agency must expressly recognize the right

of employees to join. or refrain from joini g employee or-

ganizations or associations without interférence, coercion,

restraint, or fear of discrimination or reprisal,’ with the a

following exceptions:

. (a) They may. not have metrbership i in o ganizations or

assdciations which directly, or ‘by affiliation with

other organizations ° or . “wssociations, impose’ upon

them an obligation or duty to engage in, or assist in,

. any strike against the United States. i

(b) They shall not have membership in _any political

party or any organization which advocates the over-

throw of our constitutional form’ of Government -in

, the United States. : 7

sans “7 11) Provision “should. be sols for the duplication of a -

statement of the procedure and its’ distribution.to all em-

ployees in such manner that all will : ‘be fully informed of

_ ‘their rights as to presentation of their grivances and the

procedure through which these rights: _may be exercised.

e . %

% °. e

me . .- és? °. e °.

;

APPENDIX G

TS 88. oo @ 3.) * a

7 Mar 55° )

AF E2.2

oa" P v

GRIEVANCE Procepure For AIR Force Civitian Persoxne.

‘

1. Generac Provisions

A. Scope. Provisions of this section are applicable to all

employees and to farmer employees who have been sepa-

. rgted involuntarily from Air Force activities located within

_the 48 States and District of Columbia, These provisions

also are applicable to all employees and former employees

of activities located outside the 48 States and District of

Columbia provided they are citizens of or owe allegiance to,

the United S* tes, Regulations will-be established for ac-

tivitjes loca, utside the 48 Statés and District of Colum-

hia to govern a sposition of grievidaces ‘of employees who

are not United States citizens or who do not owe allegiance

. to the United Statef/ These regulations will conform to

pravisions of this section insofar as is consistent with local

- law, prevailing customs and practices, existing treaties, or

executive agreements. The final level of appeal for em- —

‘*“ployees who are not citizens of, or do not owe allegiance

to the United States will be the major air command con-

cerned. Mom hg mis “fy

B. Legal’ Basis, Executive Orde: 9830 (reprinted in

FPM Z1) is the basic authority for Civil Service Comntis-

~ sion requirements relative to the eStablishment of grievance

procedures in Federal agencies. (See Fedoral Personnel

-Manual, Chapter: E2. *'The legal basis ‘for the review of a

. performance rating is. the Performance Rating Act of 1950,

-.* Publie Law 873, 81st Congress, approved 30 September

1950 (reprinted in FPM Z1). oe : :

C.. Applicability: eat

(1) All grievances will be resolved in accordance with

instructions contained in this section, except those based"

2’

‘upon. the following: .

33 -

(a) Reduction in force actions.

:(b) Classification of positions. .

reasons taken under Executive Order 10450 as

amended by Executive Order 10491.

¢(d) Action taken by. direction of the Civi] Service

Commission or otlier agencies authorized to

direct actions. :

(e) Warning notices advising employees 90 days in

advance of a possible ‘‘Unsatisfactory?’ per-

formance rating.

(f) Determinations of officially designated ‘medical

officers relative to the physical or mental ability

+ of an employee to perform the assigned duties ¢

_of a position. ‘

(g) Personnel actions which have been appealed

' direct to the Civil Service Commission under

provisions of section 14 of the Veterans’ Pref-

erence Act of 1944 (see Part 22 of the Civil Serv-

Cito ice Regulations). Grievatices submitted under

| - “the provisions of this section will not be enter-

, tajned after an appeal of the same action has

' ‘been imitiated with the Civil Service Commis-

sion. Action being taken on an appeal sub-.

: _ mitted under the grievance procedure will eease

: concurrent with initiation ofan appeal on the

same subject to the Civil Service Commission.

_ (hy Separation (Disqualific ation), as defined in FPM

R1, during the probationary or trial period,

(i) ‘Terminations of persons: serving: in temporary

+ appointments limited to one year or less,

* * . * Se .4 . +

@ «

3. GRIEVANCE CoMMITTEES.

a. Installations,

(1) A grievance‘committee will be appointed on an ad

hoe basis by the commander of each installation

maintaining a central civilian personnel office.

Every effort will be made to select members who

“—— ¥ 7 4 |

‘will be impartial in weighing the facts and will use

souné judgment..in arriving at recommendations.

The membership of this committee will be com-

posed of Air Force personnel and will consist of

four persons. At least two of the three voting

members will be civilian.employees of the installa-

thon: Whenever feasible, one of the civilian .em-

_ of the committee’s findin

(3)

Headquarters USAF ai 1 Office of the Secretary. The

Secretary of the Air Staff will appoint a grievance |

committee on an ad hoc basis for hearing grievances

emanating from employees in Headquarters USAF

byee members will be of the .same or similar’

working level as the aggriéved employee. When

considering an appeal of a ‘‘Satisfactory’’ rating,

a voting member of the installation incentive

awards committee will be appointed to the ad hoc

grievance committee. The fourth committee mem-

ber will be a representative of the civilian person-

nel office serving as a nonvoting chairman. Full

_ membership of the committee will be required to

+ + eonstitute’a quorum. ,

(2). The committee is a fact-finding and advisory body. ,

‘It has one primary purpose, which is to assist the: °

commander in arriving at.a prompt and fair de-_

cision by makng a full and complete evaluaton of

the evidence in the case; by impartially appraising

the evidence; and by reporting to the commander

a record of the hearing proceedings, a statement

gs, and its recommenda.

tions.

.The chairman of the committee will (a) make cer-

tain that the hearing is scheduled promptly and,

conducted in an orderly and expeditious manner

and that the regulations governing hearing pro-

cedure and order of business are observed; (b) be

responsible for the maintenance of necessary re¢-

ords; and (c) assist the committee in making its

recommendations to the commander. |

and: the Office of the Secretary of the Air Force. The

composition and functions of this committee will be the

«same as those provided tee the grievance committee

at installations. . .

4. Guevnes ‘Review CoMMITTREs.

a. Major Air Commands.

(1) The commander of each major air command will

appoint a permanent grievance review. commit-

tee composed of personnel of the command head-_

quarters. AlL-committee members will be voting

members: This committee will consist of three per-

sons and at least one alternate for each regular

member to serve in the absence of the member.

The committee chairman and his alternate will be |

members of the. staff civilian personnel office. The -

_ duties of the chairman will be similar to those of

the: nonvoting chairman of the ad hoe committee

appointed at installations. At- least: two of the

committee members will be civilian employees.

(2) Particular care will be given to the selection of

committee members and alternates. They will he

persons who are especially competent to analyze

and weigh evidence from grievance records, and

will be persons of demonstrated ability to make

fair, impartial, and sound judgments | imarriving at

recommedations. ‘

(3) The committee will serve in an advisory capacity

to the commander. This committee is not a hear-

ing body nor a committer of original jurisdiction,

‘Its functions are to review the complete records

of grievances including both the merits and pro-

cedural aspects of each appeal submitted: The

committee’s report to the commander will contain,

as a minimum, the information specified. in _para-

graphs lle; d, and e. :

— AS.

3 (4) In addition to the ad hoe conimittee prescribed by

. paragraph 3, the commanders of one base com-

Se mands, who ‘also perform the functions of a base

: commander, will appoint permanent grievance

ee review committees. The composition and fune-

36.

_ tions of this committee will be the same as those |

established for other major commands. ‘When the

‘recommendations of an ad hoe committee fre un-

favorable to an employee, the entire record will

be referred to the permanent grievance, review

committee for an independent review and recom.

mendations prior to forwarding to the commander

ae |

(5) At one base commands where there is ‘an installa-

- tion commander in addition to the major air com-

mander the ad hoe conimittee’s: recommendations -

will be forwarded to the installation commander

.. for decision. Upon receipt of an: nfavorable de-

cision, the employee may appeal*further to’ the

major air commander. In that event, the appeal.

will be reviewed by the permanent grievance re- |

view committee. ee : '

b." Headquarters USAF. The Chief of. Staff, Headquar-

ters USAF will appoint a permanent grievance review

committee to.review appeals from the decisions of the.

Secretary of the Air. Staff, Headquarters USAF. The

functions of this committee will be the. same as those

. established for major air commands.

ce. Secretary of the Air Forve. A permanent grievance

_Teview committee, appointed by the Secretary of the

Air Force, will review grievances wherein an employee

.appeals the decision of the major air command head-

quarters on the basis of violation of law, Executive

order, rule or regulation of the Civil Service Commis-

sion, ‘or regulation of the Air Foree. This committee

will act in a fact-finding and advisory capacity to the

Secretary of the Air Foree. Three members will con-

stitute a quorum. :

D. ADMINISTRATIVE PRINCIPLES AND REQUIREMENTS, |‘

* x * 2 * *

et |

b.. Time Limit on Presenting Certain Grievances.

(1) An employee may present a grievance based on an

adverse personnel action upon receipt of the notice

ra)

| Prohibition Against Using Procedure to Delay ioiide: 3

of administrative to effect the action or based on a

performance rating upon receipt @ the written

notice of rating, buf not later than 30 calendar days

‘after the effective date of the action or date of re-

ceipt of notice of rating unless there are unusual

circumstances which warrant consideration of the

grievance subsequent to that date.

A former employee who has been separated invol-

untarily, or his representative, may present his .

grievance in writing to the installation commander . ~

within 30 days: following the effective date of the

separation if the grievance is “one to which the.

. grievance procedure is applicable. An oversea em-

ployee to whom this paragraph.is applicable and

who has departed from the country i in which he was

formerly employed will, be given a choice of an in-

quiry into the facts, or of a hearing, with travel

and other expenses incident thereto to be borne by

the employee. The procedure prescribed in para-

graph 8 below: will apply for consider ing and

rendering a decision. :

The grievance procedure will not be uséd as a device

to delay administrative action. Appeal rights pro-.

vided by the grievance procedure in cases of separa-

tion, suspension, or change to lower grade ure avail-

able immediatély upon receipt of the notice of decision,

subject to the following conditions:

(1) The hearing or inquiry will be conducted as

(2)

promptly as possible within the time limits speci- .

fied in paragraph 8 below. However, except as

provided in (2) below, in no case will the notice

period be extended or the separation, delayed be-

cause a grievance hearing or ny has not been

scheduled or conducted. :

If an employee stationed at an n activity located out-

side the 48 States and the District of Columbia,

~- who currently i is, Or upon satisfactory completion

of an agreed period of service would be, eligible

\ ; .

for return travel’ and transportation at Govern-

inent expense to place of residence as established

at time of appointment, submits an appeal within.

five working days after he receives. a notice of

final decision to separate him, separation action

will not be taken until the installation commander

has notified him of his. decision relative to the

‘appeal. side aa

e- * o. « ° * *

oe \\ | | ae i

6. Oran PRESENTATION OF GRIEVANCE,

a. An employee who has a grievance ‘should present it, in

the first instance, orally to his immediate supervisor,

stating his grievance fully and°in detail with respect

_ to time, place, dates, and other information pertinent

.t0 the grievance and indicating the remedy sought. The

supervisor will consider it promptly and impartially,

allowing thé employee to state his grievance fully, will

collect and evaluate all the.essential facts, and will in-

form the employee promptly of ‘his décision. If the

employee is dissatisfied with the decision, he will be

advised that h@ may discuss the problem with the tiext

higher supervisor. . is

..b. If the employee believes there are valid. reasons why

an initial presentation of his ‘grievance to his inime-

diate supervisor would be unsatisfactory, he or his

. representative‘may present the grievance in the first

instance to the second supervisor. If an employee be-

lieves an. interview with the second supervisor would

_ + be similarly unsatisfactory he may consult the civilian’

personnel officer. The civilian personnel officer, act-

ing in a purely advisory capacity, will assist the em-

ployee in determining, on the basis of thie facts in the

particular grievance, the supervisory official to whom

it is appropriate to present the grievance; and will

advise the employee regarding any question connected

with the presentatidn of the grievance in writing.

Whenever possible, after the proper supervisory of-

ficial is determined and the grievance is reduced to .

RT ita, to he :

“writing, the civilian splinnd. offiver will bine this

official and the employee together so that they may -

discuss and possibly resolve the gr ievance ny.

. Written Paxsenration oF Grizvance. If the employee

or his representative wishes to present a grievancé to the’

supervisor abave the second supervisor, thie grievanc?

must be redticed to writing, including necessary details

as indicated in paragraph 6 above. The employee also

-will indicate whether he wishes a hearing. The super-

visor to whom the grievance is presented will initiate:

action within ten working days to obtain all the pertinent

facts, give opportunity to persons complained against

to tnake a written reply, render a decision, and notify

the employee in writing of his decision and the reasons

therefor. If the decision is nat acceptable to the em-

ployee, he will be informed by the supervisor. that he may

‘present his grievance in writing through supervisory

ehannels to the commander.

. PRESENTATION TO.THE COMMANDER, . Upon receipt ‘of a

. grievance, the commander will take action promptly, to

obtain the facts.” As provided below, a hearing will be

conducted or an inquiry into the facts’ will be made

within ten working days of the date of receipt of the

grievance, unless unusual circumstances cause a delay.

‘In case of delay, the employee will be notified of the

reasons for the delay and.the reasons will be recorded...

a. If requested by the employee, the commander will give

‘him, or his representative, an opportunity to present

‘the matter to an impartial grievance committee prior

to rendering a decision, If the employée’s written

presentation of his grievance i is not explicit concerning

his desire for a grievance hearing, oral clarification

will be obtained and made a matter of record. When

a request ix not made, the commander, of his’ own

volition, may establish a grievance committee to obtain

_ the. facts.

‘ b. If no committee is convened in accordance with +

above, the commander,. prior to. rendering’ a ado

) ’ be |

isd

» 40. rc

. will instruet the civilian personnel. officer to ascertain =|

. the facts and submit a summary together with find- |

ings and recomendations. The inquiry conducted

by the civilian personnel officer will be informal and

directed toward providing a basis for fair considera. .

tiof# of the grievance. The inquiry will ‘include the

examination of written or oral statements made by the

employee or his representative, the ‘supervisor, and

‘their witiiesses. -Both the employee and the super- 4

visor will be given the opportunity to comment. on any

statements made by the other ‘during the course of

the inquiry. aa ee

oO .

9. PREPARATION FoR COMMITTEE FLEARINGS,. es

,; vy ‘

a.°Thé chairman of the committee, upon receipt of a re-

quest for a hearing, will give all persons immediately — 3

concerned written notification of: the hearing. ' These - :

notices will be given sufficiently in advance to permit

adequate. preparation for the case and will:

(1) Indicate the date, time, and place of the hearing,

-and| the nature of the grievance ‘to be considered, —* ,

(2) Inform the complainant and the person(s) com. . F

planed against of their right to request witnesses "

» to appear in their behalf or to present signed state {

ments .from witnesses if witnesses are not avail- *

able, This notification will state that persons de-

siring to bring witnesses will furnish the committee’

chairman with their names together with-an indica-

. tion of] how the testimony vf each would be rele- °

vant. The notification also will inelude the fol-

lowing information; —. - Sore

(a) The chairman wiil request, in writing, all wit-

nesses who are,Air Foree employees to attend: .

~(b) The chairman cannot compel persons to testify.

“ion of the committee, are in a position to offer on

testimony relevant to the grievance; whose ih

‘presence is considered necessary to a fair

~ = *

rs servo ey)

* -consideratiou of the grievance ; and whose

presence at the hearing i is practical. ‘ae

(3) ‘Advise all persons concerned of their right roe

* (a) Obtain and. submit documentary evidence.

{b)* Obtain advice from the civilian personnel of-

fice Nelative to the regulatory and procedural

aspects. of preparing the case.

- (ec) Have, or examine, a copy of the grievance

procedures

(4) Advise the ‘complainant of .his right to appear

personally before \the’ committee and to arrange —

for representation at the hearing. —

. « e eet es ° s ®

‘NATIONAL ADVISORY COMMITTEE FOR ees,

AERONAUTICS - ce :

| NACA ADMINISTRATIVE SuPPLEMENT TO FEDERAL PERSONNEL :

‘Manvat se ——

March 30, 1953.

Chapter E2—Employee Relations

(Supplement #2)

‘- iiiaadadins regulations and guidelines set forth

below hie been issued by the NACA to supplement basic

material contained in Chapter E2 of the-Federal Personnel x

Manual (FPM). A marginal note’ should be made under i

) the’ appropriate’ chapter-heading to indicate that supple

“mentary material his been issued. -

2. NACA soc gee #1 to Chapter: E2 of the FPM

is. hereby” Superseded. .

- Basis—The tolieriner regulations are established pur-

suant, to Executive Order 9830 (see, page Z1-203 of the

- Federal Personnel Manual) and have been approved by

the Civil Service Commission.

_ Covéerage—The provisions of this .regulation are appli-

_ cable to all employees of the NAC A,

‘ Policy—-The NACA will give fair and vrompt considera- *.

tion to employee problems or complaints ‘at all. super-

visory levels, and to the filing of appeals in accordance

_ with established regulations and procedures. The NACA

also recognizes that employees have the right to. join, or a

refrain from joining, any employee organization or as- .

sociation (except as prohibited by-law).

Administrative Responsibilities—The NACA Executive

Offiegr and the director:at each NACA laboratory will -

exereife necessary supervision as will assure full exeen-

‘tion of principles embodied herein.

Types of. casex

oblem procedures—These

to. types of cases arising

-. a. Cases cornered by employee

s procedures are restri¢teé

- °

using. 9 an employee’s employment which’ ‘cause a:

ae content. or dissatisfaction with his position, such as

> poor employee and supervisory relations, poor em-

ployee and employee relations, questionable discipli-

nary action, and other just or ied wi eae of

‘complaint.

b: Cases exclyded from emplor yee- problem ish biialbiiaigan

The foliowing types of cases will: not be considered

in this chapter, but must follow procedures designed ‘

‘exclusively for the type of case concerned: appeals

from reductions of force, position classifications, of-

_ ficial performance ratings, complaints of discrimina-

tion under the Fair Employment Program (E.O. 9980),

“subversive or polltical activity, and veterans —

under the Veterans’ ‘Preferencé Act of 1944.

Processing of grieve ances

a: General—An employee has the right to snail freely

related to his duties, working conditiorfs, en:playment

status, tenure, promotion, furlough, or ‘other matters

¢. related to his work. Such problems or complaints

- should be resolved promptly by the immediate super-

visor, whenever possible. If the matter cannot be

adjusted at this level, he has the right’ to have his

problem considered on ihrough suceeeding supervisory

levels up to and including the, director of the labora-

“tory concerned (N AC A Executive Officer at: NACA

| “Headquarters .

” sight to designate a representative of his own choosing

_ to present the employee's problem to supervisors at

any: level, to the personnel offic ‘er, or to any other

designated person or committee.

c. F

problem to writing at any level beyond the. immediate

supervisor. All facts relating to the problem must. be

> specific: W ritten deeisions are required in such | Cases,

* e. * - @ . + +

with his immediate supervisor concerning any problem -

. Right to representation—An NACA employee has the.

An employee may reduce om

’

~~.

44e as ;

G. Appealsto NACA Executive Officer—If an employe

is not satisfied:with a laboratory decisior on ‘a matter

which has not beer delegated to the’ dire€tor of the

laboratofy for final decision he may appeal i in writing

to the NACA Bxecutivé O Officer. : as és

{IT

, The appeal must be filed within 10 rm (exclusive 7

of. any time the employeé may be absent on leave —

or official business) of the date on which the em-

pleyee received notice of the decision from the ,

official in charge. ‘ ;

Upon receipt of the notice of anak the Execu-

_ tive. Officer will seek, by any and all means he

‘deems necessary, to obtain. a prompt and satis-

. factory adjustment..: He miay (a) decide the case

. (3)

‘on the basis of a thoroygh examination of the

written reports and records, if he is satisfied.

with the sufficiency of the evidence presented,

or (b) detefmine at a a investigation ap-

pears necessary. -

Before the NACA Executive. Officer hiinis a final

.- decision adverse ‘to’ the employee e’s complaint,

the employee should have an opportunity. to pre-

sent the matter to An ad-hoc’ committee. Member-

ship on the committee will be limited to NACA

‘employees a their - recommendations | will be

: advisory and igned to. guide the Exeeutive

‘Officer in reach a decision.

« e

+ d

e oo # 5 * - “ we . £

Shins of disciplinary action when complaint is up-

| held—Mheh an employee’s ‘complaint in a.dis¢iplinary

-aetion is upheld, the action’ shown in tlie employee’s

i. personnel file will be canceled, except where a —

'-has been effected: For example:

~ Letter of reprimand— letter canceling the letter of -

reprimand — be pegat to. the personnel file.

oe 46)

b. Suspension—A canceling. personnel action will be is-

sued; and the time of the ‘suspension will be charged

to annual leave if available.. Payment for the’ time

charged t@annual leave will be made. If annual leave

-is tot available, the time will be charged to leave

without pay.

° ie

e ° &

ag - Pyblication—These.regulations may be made available to

. all employees. . ee it \

; Ata epee ae

eae DEPARTMENT OF STATE »

| | ‘Parr V-A. | }__-_+——4

Gace & ADMINISTRATION

512. Adjustment of Complaints and Grievances *

512. 1 Definitions ofa Complaint and a ‘Grievance

A complaint is an expression of reasonable dis-

satisfaction with conditions which are alleged to

adversely affect the work or relationships of an

-employee., A-grievance is a complaint not resolved . '

by supervisors and which the empfoyee believes

merits the consideration of oe Direetor. ene

512.2 Coverage Pe che vet F

This procedure applié¢s to all cel, of the >

U. S. Information Agency, beth domestic and over-

seas. It applies to all employee complaints ex-

“cept. those. for which separate: appeal -processes ~

are spécifically provided both within the ‘Agency |

and through the.Civil Service Commission. The

- invoking of this procedure will.not be permitted

to delay or interrupt the orderly completion of ad-

.. Ministrative processes already initiated, or to give

an employee retention rights not provided by the

nature of his ns: atacie |

° a * : a ‘* =) %

512.4 4s Staps ‘in the Resolutiii of aciacte. and Griev- .

ances

To be given full consideration enpleme complaints

must be presented in an‘orderly manner. The fol-

lowing three-step procedure has therefore been

established for the discussion of conditions whieh

‘adversely affect an employee’s. work:

a. Step I—Informal discussion of complaints—The,.

employee will discuss his problem with his im-

tw «mediate supervisor and succeeding levels of au-.

? ae see. 3 .

re ee —— /

ae , ._f ie ; -: -

~~ ae Rags

thority including the “ihe cbeet officer-of the em-

ployee’s organizational element. The sound

application. of good personnel principles by

- supervisors will resolve most problems at this. °

informal stage. The employee and his super-

- . visor, whether in the U. S. or overseas, will be

“free to obtain assistance and guidance from the

Personnel Division ‘at any time in finding a

solution to his problem. e :

‘ Step 1I1—Formal presentation of aialadaies -

throygh Step I, the employee-may present —

his complaint in writing e princiyfal offi--

cer‘of the Agency domestic or overseas ele-

‘ ment, in which he works, with ‘a copy to the

-be specifi¢ and clearly identify the condition -

‘or ,personalities involved in the: _eireum-

stances appealed. Seer

_ (2) The officer receiving the eppeal will investi-

gate the,pertinent facts, establish the points

at issfSand accord the complaint careful

and impartial consideration.

_ (3) Within ten days of the’ receipt of the com-

plaint ore of the following: actions will be-

taken by the officer receiving the appeal: :

(a) The officer. will negotiate an equitable’

' solution agreeable to the parties cqn- —

. ‘ @Gerned:.”— :

(b) IfJa. satisfactory sohation cannot be ef-.

fected within the ten-day period, the of-

ficer wil inform the employee of his

right to submit his ‘toniplaint as a

Agency (Step III). In such cases, ‘the

_ original of the _employee’s written

presentation of his complaint will be

written comment.

> e .o@ .

wee

48 : "

; ; :

cer may, with the consent. of ‘the em-.

ployee, extend the ten-day limit in order.

to: effect an equitable solution.

the Director—The -request for- consideration. by

and must include the original written :presenta-.

tion to the Head of the organizational element to

. which he is assigned and that officer’s written

‘ a.

comments.. The Office of the Director will refer

the grievance to the Director of Personnel, who

~ will establish an ad hoc’ —- Board.

. 512. 5 The Hearing Board.—

Authority—The ga hoc en Loar, will have -

the authority to make investigations, and take.

_ such steps as it deems essential to obtain facts

on which to predicate an impartial recommenda-

tion. The Hearing Board-will_recommend :ac-

tion to the Director but decisions with respect to

action to be taken will be made: — by the Dt

rector.

° .

a e ad e e * . »

(5961-8) °

“Ay,

° .

- , 2 .

\ | :

« rs , : |

/ _

. ‘ )

. Sony

ie p

" ¥

7 2 |

‘ ° z

' e . .

+ 3 |

2 ; \ -

‘ f : |

. 2 .

; ; % . . é

x ° . : ; 3 :

° Fi ‘ F

| , |

. y . . ;

° i ;

-\ 2 ; :

. F 4

; .

. ° }

° .

“s

4 % ee :

; d

. *. |

2. poate si Se ;

: .

a ‘

fa .

. : |

- 3 a |

’ = ;

\ Seer

>». |

‘ \ ‘

ao - 3

om fe 7

: .

. ‘s

° :

? &

? .

S .

° . .

\ .

>. .

| *

aio : :

. »

Phd :

. .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.