GRIEVANCES AND COMPLAINTS PROCEDURE

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Document Number (FOIA) /ESDN (CREST): 
CIA-RDP81-00728R000100010016-5
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RIPPUB
Original Classification: 
U
Document Page Count: 
104
Document Creation Date: 
December 20, 2016
Document Release Date: 
September 8, 2000
Sequence Number: 
16
Case Number: 
Publication Date: 
April 23, 1947
Content Type: 
REGULATION
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PDF icon CIA-RDP81-00728R000100010016-5.pdf10.34 MB
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Approved For Re e ~ HF1t& ~ DP81-00728R0001 OQ AM*5 CETNTR",L INTELLIGENCE C,v{ ,t AGENCY 'Jashin!'ton, L. C. ADMINISTRATIVE INSTRUCTION NTJL flER 23 April 190 SULJECT: Grievances and Complaints Procedure EFFECTIVE UNTIL 1 JUNE 1947 UNLESS SOONER RESCINDED v- The provisions of this procedure apply to CIG personnel in 1-7ashington and in the field. LEGAL AUTHORITY Executive Order No. 7916, dated 2)4 June 1938, provides that the Personnel Director shall establish a Grievance Procedure, subject to the approval of the head of the agency and the U. S. Civil Service Commission. The Director,'CIG, and the Civil Service Commission have approved the procedure outlined herein. ITTFOR'i :1TION . T PERSONNEL It is the responsibility of Administrative officials to thoroughly advise supervisory personnel of all provisions of this procedure, and to insure that all personnel are fully infoimcd of their rights and privileges under these provisions. DEFINITIONS A complaint or grievance is usually an employee's expressed feeling of dissatisfaction vith respect to his day-to-day :pork relationships, .-orking conditions, or status of employment.. It may be introduced orally or in :iriting;. Such problems or misunderstandings arc personal to an individual employee, and their solution usually affects, only the particular employee involved. Problems affecting general working conditions or matters which have broad application, involving general policy or administrative practices, are not appropriate for considera- tion under this procedure, Requests and inquiries vrnich do not fall in the category of grievances, should be referred to the emplosreols immediate supervisor. In all cases, decisions and reasons for action taken should be given the employee promptly and in sufficient detail. These instructions set forth the principles and pro- cedures to be applied in the fair and equal handling of employee comaplaints and ;;rievarxces in the Central Intelligence Group. (735) EFFECTIVE 30 JUNE 1947 CIG i-rm ORANDA VVILL RAIN IN ,'ORE UNTIL CANCELLED OR RENUMBERED ' PER CIA GENERAL ORDER Approved For Release. 2006/11/06: CIA-RDP81-00728R000100010016-5 1. SCOPE . POi ICy 06: CIA-RDP81-00728R000100010016-5 a It is recognized that dissatisfaction on the part of emplo,ees riay arise. This procedure is intended to provide and outline .a standard outlet for such problems, and to give employees an opportunity to seek adjustment of any complaint or grievance without restraint,, interference, coercion or reprisal. b) Separate, procedures are provided in CSC Rules and Regula- tions for appeals of efficiency ratings, decisions on the classification of positions, involuntary separation during probationary or trial periads based on inability to perform the required duties, and decisions on administrative actions involving suspensions, involuntary separations and removals. APPLICATION OF PROCEDURE a) This procedure applies to complaints and grievances which are personal. to en emplo;,rca. b) An employee who has completed his trial or probationary period and is being separated for inefficiency, will have the riht to appeal under the Appeal Board Grievance Procedure. c) Employees who are terminated for cause, such as delinquency or misconduct, may exorcise their right to appeal such removal under the Appeal Board i)rovisions of this Procedure. d) An employee may not use the Grievance cr .lppcal Procedure as a delay in the application of administrative action or decisions. This does not preclude hearings which rri:ll be afforded an cmolore e prior to disciplinary action or administrative decision. Such hearings are separate and apart from the appeal rights of the Grievance Procedure. e) IDriplo;,rees against whom complaints or griovancr s are brought shall. be given. the same ri. hts under this Procedure as those accorded the employee originating the. complaint or grievance. STEPS 21D CHANNELS a) In order that prompt solutions of complaints and grievances ma,y be, riven, the f ollow;ring table and steps in the Procedure are established for channeling grievance matters. It is assumed that intermediate supervisors will be consulted and informed relative to action on cases involving.employees under their general jurisdiction. b) First Stage - I;rmcdiatc Supervisor; Second Stage - Branch Chief; Third Stage - assistant Director of Office; an Fourth Stage -.Director, CIG First Stage Immediate Supervisor The employee should first and al-..-rays take up with immediate supervisor, orally- or in %rriting;, any question, grievance, complaint, misunderstanding, or similar difficulty. He may be accompanied by an employee from his o:m office rrho may serve as fitness, Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 Approved For Releas - 100010016-5 -j- The', ur)urvisor allow the eriplo;,~. to state his case fully and promptly _u-id objectively invustirato the situation.- .`: brief record of the case will bo.kept by the immediate supervisor for his on information and for possible rcfurenco should the matter be referred to.. higher authority. d) Second Sta; ;e - Branch Chief If The natter is not adjusted to the employee's satisfac- tion at the first static and the cnployce . desires to a,.)r,eal, he shall submit his case: in through his immcdiatc supervisor,. vho .i;ill forward the original to the Branch Chief, and a con,, of the appeal to the Chief, Personnel Division, 010. The Branch Chief will give the c1--.?l0;7(.0 full opportunity to oxolain his problem personally. The employee may be accompanied by not ;.ore than to CIG omoloyees of his ore choice who may be heard as ,;itnesses. The Branch Chief will obtain all pertinent facts in the case by consulting with other persons concerned or havin 1aiowlcd e of the circuristences. A written record will be maintained by the Branch Chic., inclucaint, a statc::iont of the grievance, the names of persons concerned, the narics of those with whom the !:latter has been discussed, suru?cary of findings, and a statement of action taken. The ernlo rc:e will be informed in -writing of action taken at this level after full con- sideration has been given the case. ~i complete case record will be forwarded to the Chief, Personnel Division and to the Personnel Relations Section, Personnel Division. e) Third Stage - Assistant Director If the matter has not been sottlec' to the satisfaction of the employee at the second stage, he may address an appeal to the Assistant Director, CIG, in the Office concerned. The request wTtll b- forwarded by hand through the Branch Chief to the Chief, Personnel Division. The Chief, Personnel Division, will forward the appeal and, case records to the Assistant Director of the Office. The enployee i s appeal will request that an impartial Advisory .111.ppLpeal Board be established to hear the case, and will state the name of the person he se;le:cts for Board L ember. Upon receipt of the request, the Assistant Director of the Office Ill name a 1.cnibcr to the _'Advisory Appeal Board and will immediately notify the Chief, Personnel Division, of his selection. The tvro l.icmbers named will agree on, and appoint, a third ;.'ember, notifying the Chief, Personnel Division of such selection. If an agreement cannot be reached as to the selection of the Third Lumber, The Chief, Personnel Division, who automatically serves as Chairman of the :advisory A ppual Board, but in a non-voting capacity, will select the third homier to the Board. The Board, therefore, will consist of four 71cinbiars, three, of which gill have voting status. L:embership will be restricted to employees of CIG. The Chief, Personnel Division, will maintain absolute impartiality in his service on the Board. His responsibilities are to advise the Board as to proper procodu.'e and regulations to se.. that propor records are maintained, and to insure expeditous handling of ' the matters Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 -h- Thee"hair~~i41n, will convene tine Board, ,~rh ch will investiF;ste all i na e d t s an 1 -- . . p 11oa1r a.1..1. persons, . or receive such ovidonco as the Bo rd 1 a a;7 majority , vote, deternin s necessar , ..11 i. c'r:bcrs and the employee will be present when a hearing is hold, and the: e to tp 5.r?yc, All be given ample opportunity to pres,,nt his case. He may be accompanied or r opr.scntt~d by not more than two l emp o e s of y his own choice from CIG. Thu employee :will noti fy the Chairman of the Board in writing of the. names of such representatives prior to tho time of the ihearing. Thu Chairman or the Board will make necessary arrange_ronts for the complete recording of all proceedin0s for administrative use. Upon request, this report will be rude available to the employee. written report, signod by the throe Jenbors and certified by tho Chairman, includins, a statwa:;lt of findinrr.s and recommendations, will be submitted to the Assistant Director of the Office, but :~aill give no indication f i di o n vidual opinions or recommendations. If a complete a0roorientcc.annot be h re~c ed a majorit diii ,yecson wll be binding. The Assistant Director of the Office: will render a prompt decision and will inform the employee of such deci i n i s o n Writing. If the, omployc;c is dissatisfied with this decision, lie may appeal to the Director, CIG. f) Fourth Stage - Director, CIG The cmp1ayuo ;rill forwar, his written appeal to the Director, CIG, following the same procedure as outlined in the third stage. The Chief, Personnel Division, will act in the same capacity- as outlined in the thi.rd' stage. The l r,:,ctor will make a careful and impartial review of the records. if hearings are deemed ne;cossary the employee ;,rill be. heard and may have representation, The written decision of the Director will be final and t?hc case will bro considered closed. Complete records of the case in all. stages will be maintai.liud in the Personnel Relations Sucti P n on, erson el Division. g) Conduct of Appeal Boards Lppal 1loarcls will coi utmootings in an or l rl c c. y and informal manner. They will not function as a judicial or . trial body. Appeal Boards will be established for th e purpose of advising and assisting the i appropr ate authority in rondcrj n~; a fair and unbiased decision b d ase upon nforrnation and facts, and to advise the Proper authority of fin dines and ~?, :~?r?-,r,,,.a ,+; - , 7211 bc" subject to qucGstioning. ---- Howe,..ve.-,.?.?.-.J"?,-' culu evl ~1l SSe'S r cro " , ss-ex :,i:nations : technical rrcbjoetion'r to testimony by Board. i.:e.mburs will i21pt O~? tol t~?ra+.nri _ '. ~ ~ ,.,,.....,. __.:.:.,_ -- --- .. i s t v.i,:: v . -- -----, e o the Grievance &oceduro will be carried out on official Government time and will 1.1V U bo granted the onlplo;r,~c or his fellow-iwrorkers to prepare his ouse Approved For Release 2006/11/06: CIA7RDP8170072$RQQQ101 Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 Approved For Release 2006/11106: CIA-RDP81-00728ROO0100010016-5 h) riiIo Limitations Ducisio:7s at the first stare will hn reached ,rA+h;n th ree o i d ~~ f ng ays; at the second stage in not more than six working; days; at the third and fourth stages in not mo re than ton days each. If for any reason the.. decision is, delayed, the em lo e ill p y e w be notified in writing of the delay, reasons for the delay, and the decision date.. An employee will be allowed ton working days to appeal the decision rendered at the fi t n rs , seco d and third stages. .'.n appeal of separation or removal will be nade within five working days from the time of the employee 1 s receipt of the official notice of the action. i) E:Tonse and Travel Travel or any other expenses which the eriployco, his repre- attend:!.nco at h;~arinr;s granted at the ortnl nyoe r; ues ,.~ q C-I l A -- ,,,. . nnua ea e, leave without pay, or a any CCIG employee involved in the case. FOR THE DIRECTOR OF CENTR.'.L fl TELLIGENCE: ATTACH:ENT S: None DTSTRII.3UTION: 1 xecutivo for Personnel and Administration Approved For;Refeas.e..20(~6/11/06 . GIA RdP81r00.728R.00010.0010016-5. ?; 8 GENER.'.L If gri.ovances or complaints Caro submitted which are not in accordance with this procedure, the proper authority will advise the employee as to th,, proper procedure and approved provisions, and inform him that CIG requires the application of the 1'roceduro in the interest of efficient, prompt and systematic handling of ermlpyoe prob eras. TI 11 L Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 CENTRAL INTELLIGENCE AGENCY Washington 25, DEC. 09 10 27 October 1948 b. All recommendations for personnel actions will be based solely ADMII+iIST.RATIVE IfiSTRTIP.T NUMBER I SUBJECT-.. GRIEV.':I\*iCES LND COMPLAINTS (This rescinds Administrative Instruction NO. dated STATI NTL REFERENCES: Executive Order No. 9830, dated 24 February 1947(Grievances) Executive Order.No. 9980) dated 26 July.1948 (Fair Employment Practices) 23 April 19h.7) 1. POLICY a. Assistant Directors, Stb.ff Chiefs and other employees in super- visory capacities krill, in the administration of their offices, insure optimum working conditions and relationships for personnel under their .supervision. on merit and fitness of an: employee and in mskin; such recormendations there will be no discrimination because of race, color, religion, or national origin. c. It is recognized that dissatisfaction on the part of employees may arise in connection. with working conditions and relationships, or' without restraint, interference, coercion. or reprisal. procedure for seeking adjustment of personal` complaints and grievances positions. in CIA may feel - that. their failure to be appointed in the Agency is based on discrimination. This instruction provides a standard status of employment. It is recognized further that ar~plicants for APPLICATION OF GRIT V.AJ C'?. 'PROCEDURE An employee may appeal under this procedure when:, (1) He is dissatisfied with aspects of his working conditions and relationships which are outside his control (2) He has. completed his'trial or probationary period and is, being separated for unsatisfactory service. (3) . Fie is terminated for. cause, such as,.delinquency or mis- conduct, (4)' He claims he wa.s;discriminated against in a personnel action because of race, color, religion or national origin.(Executive Ali .j Approved For Release '2006/11/06: CIA-RDP81-00728R000100010016-5 c. (1) If the case is still not settled to the satisfaction of the employee he may request a hearing before an impartial Advisory Appeal Board to be constituted from.anong CIA employees as indicated below: (a) One member named by the employee`makinp the appeal. (b) One member named by the ; Assistant Director or Staff Chief concerned. (c). one member, selected by ' the- two members named above. (d) The Chief, Personnel Branch will be non-voting Chairman and advisor. In- case the first two members. named cannot agree within three working days on the third member, the Chairman will select such member from any. . off ice other than that to which the employee who submitted the appeal is assigned. procedure when he alleges that his failure to be appointed in the Agency Order No. 9980, dated 26 July 1948) b. An applicant for a position in CIA may appeal under this is based solely on discrimination. Separate appeal:procAdures are provided in the C. S. C. Rules and (1) To delay the application of adverse decisions in cases involving efficiency ratings, veterans' preference, reduction in force appeals, and decisions on the cl&ssification of positions. c. An-,employee nay not use this procedure: Administrative instruction (2) In connection with separations made by the Director under authority of erection 102 of al Security Act of 1947. (See Regulations on such matters. (See Administrative Instruction (3) In connection wit? the adjudication of loyalty cases, STATINTL 3. 9BjT.EVL-'CE PROCEDURE to state hi case fully and if necessar. to present witnesses. The supervisor will promptly investigate the situation and within five work- a. An employee should first present to his immediate supervisor) orally or in writing,.any question, grievance, complaint, - r:isunder standing or similar difficulty. The supervisor will allow the employee ing, days notify the employee of his decision or action. Personnel Branch, MM (Personnel Officer after 30 November 1948). the the written appeal will be forwarded by the Branch Chief to the Chief, the supervisor he may appeal in writing to the Branch Chief'. A copy of b. If the employee is not satisfied:with the decision or action. of days of his decision or action taken, and furnish a copy with a complete written case record to the Chief, Personnel Branch. problem personally, notify the employee in writing within five, working., Branch Chief will give the.employee full opportunity to explain his P Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 Chidf and the Chief, '.crsonne1 Eranch,who will attach the case (2) The request for hear. ing w ill.inalu'lr' -the name Of the board member desired by the employee and be forwarded to the Assistant Director or Staff Chic?f concerned through, . the, Branch records. (3) Within two working days after receipt of coase records the Assistant Director .:or Staff Chief will forward the co,saa, with .his recommendation for a board member, to, the Chairman of the Board. (4) . The ohairmen will convene the board and begin the hear. ings within '10 working days after r:.ceipt of they case from the Assistant Director, or Staff Chief.. The employee: making the .appeal may be accompanied to he. a.ringo b,-,-, not more than two raps ?senta'ives of ,his . own choice. He will inform the chairman of ' the; names of such repre- seiatatives prior tc the time of the h:.a..rings. (5) Upon completion of the hearings a written report and the recommendations of the maiprity of the mernbers of. the board certified by the Chairman will be forwarded to the Assistant Director or Staff Chief concerned. The Assistant Director or Staff Chief will then, within five working days, make his decision, inform the emcloyc;c: in writing, and return all case records with a copy of his decision to the Chief, Personnel Branch,., (6) Except in cases involving alleged discrimination due to race, - color, r::ligi.cn or national origin, the employee, if he is still' dissati.sfied, may submit a written appeal. to the Director, through the Chief, Personnel Branch, who will attach all case records. The Director will make his decision either. based on review of the case records or by h:::aring the employee in person if deemed necessary. If a hearing is hold the. emplo ree may have representation i.f, he so :desires. The Director will inform the employee in writing of his .decision; -which will be final. All case records will be returned.to the Personnel Branch for file. d. (1) The Executive for AS-N! (Deputy Executive for Administration. . under the provisior. of Executive Ordor. No. 998-0. after ju ivovember 1948) is designated as CIA Fai (2) Appeals of decisions of Assistant Directors and Staff Chiefs, ih cases involving..alleged discrimination due to race, color,, religion or national origin will be made to the.FairI Employment Officer instead or theDirector; complainant learns of the alleged discrimination. (3) Complaintsinv'olving discrimination in connection.with person- nel actions must be submitted not later than 30 calendar dsvs after the (4) The Fair Employment Officer will, within 10 working days , either take pe; rsonally,. or recomrend to the Director, any corrective disciplinary action considered necessar;in cases involving actual discrimination through either, action or failure to act. Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 (5) The. findings or actions of. the Fair Employment Officer may be appealed to the Director. (6) Decisions of the Director in cases involving allegod discrimination due to race', color, religion or national origin which do not satisfy the employee making the appeal may be appealed to the Fair Employment Board in the Civil Service Commission. (7) The provisions of this' sub-?paragreph "d" provide an, interim e All required action in connection with. alleged grievances will be m P change to bring them into accord with any regulations, in conflict ?: or elaboration which may later be issued by the Civil Service Commission. eans for ?im lementing Executive -Order No. 9980 and are subject to carried out during normal working hours and, regular working days. f, The Personnel Relations Division,.Perscnnel Branch, may be consulted at any time relative to any grievance or complaint. 4.. a. Employees making appeals, will be notified in writing of any delays in rendering decisions. b. Employees will be allowed 10 working dc? s to make appeals from decisions at each level. c.. Where an appeal is made to the, Director, the complainant and other officers or employees involved in the complaint will be afforded an opportuni- him d b t , y e ty ? to appear personally before the Director or a person designa The complainant, if he so desires, may have a representative of his own choosing. 5. EXPEN 'S Tim Travel or any other expenses which the employee, his representative or witnesses might incur in connection with attendance at hearings granted at the employee's request, will not be borne by CIA. Annual leave, levve with- out pay, or a combi.nation of both will be granted for actual travel time by any. CIA employee. -involved.- 6. EMPLOYEE 11N IONS emp y or anizations or associations of employees, the policies of which are not in CIA to ees have the right to join or to refrain from joining?eny conflict- with their oath of office or appointment affidavits. In exercising .this right they will be free from any and all restraint, interference-,and coercion on the part of administrative and supervisory personnel. Approved For Release.2006/11106: CIA-RDP81-007288000100010016-5 NATIONAL SECURITY COUNCIL 1Vith the concurrence .of the Executive Secretary of the National Security. Council, the Clip Fair Employment Officer vwill also act upon any. grievances 'which may arise among: personnel of his office. In such cases, the Executive Secretary of the National Security Council will take the action prescribed herein for the Director of Central Intelli- gence o FOR THE DIRECTOR OF CENTR',L INTELLIGENCE: Executive for Administration and ~:anagement DISTRIBUTION: ALL CIA EMPLOYEES AM&IGM 1-OO728ROOO1OOO1OO16-5 CENTRAL INTELLIGENCE AGENCY 1Vashington'i D. Co ... ApMINSISTRATIVE? INSTRUCTION. NO?. F SUBJECT: Grievances and Complaints 27 December 194,9 RESCISSIONS t administrative .Instructi-on' Nol f tod 27' October l 948 This instruction provides the policies and procedures for employees seeking adjustment of personal complaints or grievances. 11dmi'aistrativo Instruction Noi dated 16 November 1948 2, Application of Grievance Procedure a. An employee may appeal under this procedure when3 (1) He is dissatisfied with aspects of his"' forking conditions and relationships which are outside his control, (2) He has completed his trial or probationary period and is being separated for, unsatisfactory, service. (3) He is terminated for cause, such as delinquency or mis conduct. '.(4) He claims he eras discriminated against in a personnel action because of reoey colon, religion or 'national origin* b. .An applicant for a position in CIA* may appeal under this proco- cture when he alleges that his ' failure to be ~ appointed in the Agoncy is naoea so.teiy on discriminatLo.n. (1) To delay the application of advarse decisions, a.n'.cases involving efficiency.: rutirigs, voteransI preference, reduction in force appeals, and dooisions on the classification "of position. Separate appeal procedures are provided in Civil Service Commis sic Rules and:.Regulation.s on such matters: (2) In connection. with separations made by the Director under authority of, Section 102 of tile a Security Act` of 1947. (Administrative Instruction (3) in ' connection'vaith -the ad udication of loyalty' cases. Administrative "'Instruction Approved For Release 2006/11/06: CIA-RDP81-00728ROO0100010016-5 3. Grievance Procedure 1-007288000100010016-5 f irsl;:;' s~}Piild resont, to his immediate supervisor, a. An employee orally or in writing, any`gtioation, grievance, complaint, misunder- standing or similar difficulty. The supervisor will allow the em- The supervisor will promptly investigate the`',situation and within five ployoo to ;state his case fully and if necessary to present witriossea. b. If the employee is not satisfied with the decision or action of the supervisor, he may appeal in writing to his Division: Chief, A Dopy of .the 'ap'peal' vri1.1 big forwarded .by the Division Chief to the Chief, Personnel Division: 'Chief, Personnel Division. "The Division Chief will give the employee full opportunity to explain his problem personally, notify the em ployoe in writing within five working days of his docisi:n. or action taken, and furnish a copy with a complete written, case record to the o. If the case is still not settled to the satisfaction of the employee, Pia may request a hearing before-an impartial Advisory Ap- peal Board. (c) 'One, member ' selected by the two members 'named above. (d)- The Chief, Personnel Division or the Chief, Employees Division, will be non voting chairmani and advisor. In case the first two members named' cannot agree on the third member within three working.. days, the chairman will select a member from any' office 6ther than that to which the employee who submitted the appeal is`assigned. (2) The request for hearing will 'include the name; of the board member desired by the employee and be forwarded to the Assistant Director or Staff Chief. concorned through the Division Chief and the Chief, Personnel. Division, who will attach the case (1) The Board will be constituted from among CIA. employees as follows= (3).: within two working days after receipt of case records, the Assistant Director or Staff Chief will forward the records and his recommendation for ?a board member- to the chairman of. the board* of such represontatives prior to the time of the hearings. (4) The chairman will 'convene the board and begin the hear- ings within 10 working das; y ,after,, receipt of the case --from the Assistant Director or Staff Chie..;: The, omployee:meking'the' appeal may be accompanied to hearings by not more than two representa- tives of his choice'. He will inform the chairman of the names Approved For Release 2006/11/06: CIA-RDP81-007288000100010016-5 (a)'''One member named by the employee making the appeal. (b)' One. member named by the Assistant Director or Staff Chief concerned. Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 (5) Upon completion of the hearings,, a written report and the recommendations of the majority of the members of the board certified by the chairman will be, forwarded to the Assistant Director' or Staff Chief concerned..' Th ssis an D:;- fo r or f Chi v vu e ill Lnen, within five working days, make his deci- sion,, inform the employee in writing, and return all case records with a co of hi d i ' py 0 ec sion.. to the ,Chief, Personnel Division. (6) Except in cases involvin alle ed di i d g g scr mination ue to race, color, `religion or national origin, 'the employee, if he is still dissatisfied, may submit a written appeal to the Director, through the Chief, Personnel Division, who will attach all case records. The Director will. make his decision either based on a review of the case records?or by, hearing the employee in person if deemed necessary. If. a hearing.. is held, the employee may have representation if he. so desires. The Director ti:ill i f rm n o the employee in' :vritin ; of his decision which will be final.. All case records will be returned to the Personnel Division for file, d. till required action in connectio ,.; +1, _ _ d u. ing normal working hours and regular ,vorkIn .days. f Employees making appeals will be notified in writing of any delays in rPnrior;nn -- u~iG eve ' o any grievance or complaint. e. The Personnel ReJ.ationq Brrnrh . other :officers or emnlo y ec or, the complainant and Jees. involved in the complaint will be afforded an opportunity to appear personally before the Director or a person designated by him. The complainant, if he so desires, may have a representative of his own choosing', within security limitations. h,.. Where an, appeal is made to the Dir g'. Employees will be allowed 10' working days to make appeals from decisions at each level, Fair EM-DIOYment Procedure a. 11r. E. R. Saunders Budget Offic i , er, s designated as CIA Fair Employment Officer, under the provi ,ions , of F,xecutive Order No. 9980. t ~rec ors and Staff Chiefs,. in cases involving alleged discrimination due to race, color, raligion or national origin will be made to the Fair Employment Officer instead Of the D rPrt.n r _ b. Appeals of decisions of Assistant D AID of the alleged discrimination. the complainant e no later than 30 calendar days after le~r Co Complaints involving discrimination in connection with person- nel actions must be submitt d t d. The Fair Employment Officer, withi 1 n 0 working dais, either will effect corrective action or recommend to th Di e rector discipli- nary or other action necessary in cases involving actual discrimina- tion. Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 o. `;'The 'findings or'apt'ions of the Fair Employment Officer may ', Decisions or- ho Director in'' eases `involving,.,allege,d di the Fair Employment Board in, the Civil Service 'COm issione crimintition cu'ci'~to raoop'calor' r lig oii or national origin whibh do not satisfy the employee making the' appeal may be appealed to 5 ' .'Expense and Travel' granted at rho on,i )3.oyoe' s request.vrill not be-borne by, CIA, Annual leave, leave' without pay, o a oombinati5n of both will be granted for `actual travol 't9.mo .by . t .xi y C T;z employee i.xavglvedo Live or witnesse might incur in oonnc ctior with attendance at hearings Trc~vei or any other oxpenso which the employee, his reprosenta- o:nap.1:),~'oes have the right to join or to refrain from joining any organi:.a?t.ao.13 asoooLations of or ployoes, the policies of which are not in c:,nfl io?~,, yfi'rh thoir oath of of:fi'co or appointment affidavits: In exercising'-:this ri l e, thoywill; be free fron any and all restraint, inter- foreneo "and coerci on the part of r....m.iinistrativo and supervisory person- nel. 7. National Security Council action proscribed -herein for the Diroctor. of Central Intelligence. FOR.TIIE DIRECTOR OF CENTRIL INTELLIGENCES ' be appdal'ed'.to,tho Diro;dtor.' ".: With thi concurrence of the Executive Socrotary of* the National Security Counci1,, the CIA Fair Employment officer will also act upon any grievancos.wh;,,1L riiay arise among .personnel of his of fi co In such caws, the Executivo: Socrota -y of the iJati,,)inal. Security Council'-will take t1' Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 e ease 6/11/06 CIA-RDP81-00728R000100010016-5 Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 CENTRAL INTELIstGENCE AGENCY Washington 25, D.C. c. It is-recognized that.dissatid may arisein connection with rorking~c status of employment. It.ia~recognized' positions. in:.-.CIA-may feel that their-fai, Agency is based on discrirr ination. .: 'T'his procedure for. seeking. adjstment of perso without!, re s traint , interference', coercion. :r APPLICATION, OFGRI kILI CE PROCELURE ADMINISTRA'T'IVE INSTRUCTION SUBJECT: GRIEVANCES r*)D COMPLAINTS -(This` rescinks Administrative Instruction I 23 Abril l9Z,T-) REFERENCES: Executive Oder No. 9830, dated 24 Fp`bruary 1947(Grievances) Executive Orlder,No., 9980, dated 26.July 1948 (Fair Employment a. Assistant Directors, cuff Chiefs and other employees in super- visory capacities ;*ill, in the administration of their, offices, insure optimum working conditions and aelationships for personnel under their supervision, b. All recommendations for- pe .'sonnel actions will be based. solely on merit and.fjtness ' of an errploy and in mnking such, recommendations action .on-;the part -of employees idi.tions,,and . relationships, or: further that, applicants for ureto-,oe-:appointed in the ns.tructicn provides a standard al complaints end grievances,;,. r. reprisal.. a. An-;employee,t .y-appeal under this, proecure when;. (1) He is issatisf ied` with aspects of% his working conditions relationsndps:wnicn are::puts ide his control. (2) He i,as completed his trial or proba,ionary period. and is., being separated.-for unsatisfactory service= (3) lib conduct. (4)~i~ He 'claims, he was; discriminated against in a personnel action ;ecause of race, ? color; religion or national origin. (Executive Approved For Release 2006/1.1/06: CIA-RDP81-00728R00010001,0016-5 procedure when he alleges that his failure to4be appointed in the Agency b. In aiplicant for a position in CI1A may appeal under this is based solely on discrimination. (1) To delay the application of adverse decisions in cases involving efficiency ratings., veterans? preference, reduction, in Separate appeal procF.dures are provided in the C. S. C.-nules and Regulations on such matters. force appeals,' and decisions on the 'classification of positions. -, Order No. 9980, dated 26 July 1948) c. An employee may not use this procedure: STATINTL (2) In connection with separations made by the Director under authority' of erection 102 of the National Security Act of 1947. (See STATINTL Administrative Instruction No. (3) In connection with the rMlirlica+j on of loyalty cases. (See Administrative Instruction 3.. GRIEVUJ-:CE PROCEDURE a.. An employee should first present to his immed.ic,te supervisor,. orally or in writing, any question, grievance, complaint, misunder- standing 'or similar difficulty. 7)iesupervisor will allow the employee to state his case'fully kind if necessary to present witnesses. The supervisor will promptly' investigate the situation and within five work-. ing days notify the employee of his decision or action. b.: If the emj5loyee is not satisfied with the decision or action of the supervisor he may appeal''in writing to the Branch Chief. A copy of the written appeal will' be forwarded by the Branch Chief to the, Chief, Personnel Branch; A&M (Personnel Officer after 30 November 1948) The Branch ;Chief will ' give the employee full opportunity to explain his . problem personally, notify the employee ' in writing within five working: days of his decision or'a:ction taken,"and furnish a copy with ?a complete written case record to the Chi:f, Personnel Bra.nch. c. (1) If the case is still. riot settled to the satisfaction of the (a) One member named ley the.' employee' making.'' the appeal. (b) One member named by the Assistant Director or Staff Chief concerned. (c) One member selected' bar ` thy; two members named above. (d) The Chief, Personnel Branch will be non-voting Chairman arzd ' advisor.: In case the first two' membe.rs named' car not agree within three working days on the third member, the Chairman will select such member from any office other than that to which the employee who submitted 'the appeal is assigned. Approved For Release 2006/11/06.: CIA-RDP81-00728R000100010016-5 employee he may request a hearing beforean impartial Advisory Appeal Board to be constituted from among CIA employees as indicated below: Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 (2) The request for hearing will include he n sno o~ tl e r Chief Eind the Chief, Personnel. Branch,who will atta.clh the cdse records. 1. : board member desired by the employer: and be forwarded tol the Assistant Director or Staff Chief concerned through she B h is recomme;ndata.on for a board member, to the, Chairman of the Board. (3) Within two- working days after receipt of case roco d r s the, t,.ssistant Director or Staff Chief will forward the ccise, with ?w Yi . e recommendations of the majority of the members of the board certified by the Chairman will be forwarded to the kssistant Director or Stiff Chief concerned. The Assistant Director or Staff Chief will, then, within five working days, male his do cision, inform the employer in writing, and :return all. case. records with a copy of his de,cisiori' to the Chief, Personnel Branch. ~ vW's prior tr. tit: t~.mr- of the hearings. (5) Upon completion of the hearings a written re r,r-t end th (4?)' The chairmen will convene the board and be in the he i g ar ngs within 10 working days after receipt of the case; from the Assistant Director or Staff Chief. The er~.ployee making" the a ;pearl m ~y be accompanied to hearings bye' not. more than two ropr33sentutiv~es of his own choice. He will inform -the chairman of th?~ names of such repre- ~ E:u+eti a 1.. g i~ the emplo ree may have representation '-If he so desires. The Director will inform the employee in writing of his decision, which will be final.. All case records, will be returned to .the. Personnel Branch for file. e case records or by hearing the cmpl.oye.e in person if deemed necessary. If a hr 'r.' n h 1 d (6) Except in cases involving alleged discrimination due t o race, color, religion or national origin, the employee . , if he is still dissatisfied, may submit a written eppea7. to the Director through the Chief, Personnel Branch, who will attach all case records. The Director will make his decision either basted on a? review of th 0) Complaints involving discrimination in-Tonne t c ' th Al" tonal origin will Co made to the Fair. Employment Officer instead of the Director. ; c or s ~:1L( tsff Chi;;fs , in cases involving alleged discrimination due to race, color, religion or ' t a er 30 November .L ;~4~,) is designated as CIS Fair E ym ~>nt Officer under the provision of Executive Order No. 9930. (2) Appeals of. decisions of Assistant Dare, t d. (1) The E-;e:cutive for AL-14 (Deputy Executive for Adiiiinis ft traton i , dar on wa. person- nel actions must be submitted not later than 30 ca.len.. da:l's after the com lai ant l p n earns of the alled diii ,egscrmnation. (4) The Fair Employment Officer will wit;:in 10 worki d , ng ays , either take p.: rsonally, or ?recomn,end to the Director, any corrective or disciplinary acti o on c nsidered neces i ilv saryn casesnvoing actual 11 discriminati th u on ro gh either atifilra con or-aue to-ct. Approved For . Release 200611 1/06 CIA-RDP81-00728R000100010016-5 Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 (5) The findings or actions of the Fair Employment may be appealed to' the Director- t Officer Decisions of th e Dit recor in cases involvin or gallegod discrimination due to race, color, religion appealed to the do not satisfy the omP103'0e national origin which Fair Employment making the appeal may be Board in the Civil Service Commission (7) The provisions of this sub-para.gr~ph "dn means for implementing.hxecutivc Order No. 9980 and provide an interim change to bring them into accord with any are subject to or elaboration which may later be issued regult~t ons in conflict by the Civil Service Co e? All required mmission. acti on in carried connection with alle e out during normal working hours and re gular g o working grievances will be days. P? The Personnel Relations D 'si o at of any 3 time relative to any 1'i ce or Perscnnel Branch, may be consulted g evance or complaint. 4. -a. Employees r~nkin appeals rendering will be no cified in writing of any uv delay g decssions. b. Employees will be decisions at each level. Ilowed 10 working drys to make appeals from c. Wan a Wher e e -- Officers employees 1 is made to the Director , the comp yses involved in the cire nt~wilI be afforded an port ty. . to appear Personally before the Director orr~. The complainant, an by him. choosing. if he so desires .Person designated by him. m~;y have a representative choosingof his own 5. EfiPENSE AND TRAVEL Travel or r any y other e e witnTra might ooh in c nsesction' ichthhe employee his representative or the employee ~ s request, attendance at he,.rin ; the e will not be borne by CIA. Annual gs leave, at Pay, or a comb:i.nr~tion of both will be , leave with by any CIA employee involved. granted for actual travel time by 6. EMPLOYEE r I N IONS CIA employees have th organizations or a e right to join or to refrain from joining ssoci ations of employees conflict with their oath any this of office or appointment affidavit s , on the a from any and all restraint in exercising rcion and part dministrative and supervisory interferenceand Approved For Release 2006/11,/.06 ,CIA-RDP81-00728R.00010001001,6-5_ Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 J NATIONAL SECURITY COUNCIL With the concurrence of the Executive Secretary of the National Secv.rity Council, the CI,-'l Fair Employment Officer will also act upon any grievances which may arise among personnel of his office. In such cases, the Executive :Secretary of the National Security Council will take the action prescribed herein for the Director of Central Intelli- gence . FOR THE DIRECTOR OF CENTFUL INTELLIGENCE : Executive for Administration and Management DISTRIBUTION: ALL CIA EMPLOYEES TfA TLL Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 CE11Th,I., INTELLIGENCE AGENCY 1,7,,~shing?On 25, iJ c. AD 'i :INN'IS rl'I'::.TiV.E, INSTRUCT-1-ON NU 1T3ER SUBJECT: GRIEVANCES AND C0MPI:Afl TS paragraph 3d(l), ltcikinistrative Instruction No. 20-12 dated 27 October 1948, is ' hanged to read as follo,vs : eputy Executive for Inspection ana 5ecuritiy, is aesigry'na.T.eCu as uui hair ,mp1.oy ienT, uiiicer under the provision of Eiocuti\re Order No. 3980.tt A el II?TSLLIGENCE: Execi\tive for .'_dministratyon a ic, ",sn:.~rse?.ient DIS TTiIF3UTIONT:Y ALL CIA E.i LOY 1 STATINTL STATINTL STATINTL .pr Yed, F f.- e,~e 2 ;: ~. ,, Approved For Reea CENTRAL INTELLIGENCE AGENCY I'17kshinSto-ps D.. C r ADMINISTRATIVE .'INST N4:. 'I SUBJEC'T% Grievances and Complaints RESCISSIQNS.s _Administrative Instruction 'No Admi_nlstrativo Instruction No Scope This Instruction provides the poliei'es and procedures for employees seeking adjustment of personal complaints or grievances. ? -Appli-cation: ?of Grievance Procedure a. An employee may appeal under this. prpcedure when,s.? (1) He is dissatisfied with aspects of his*;' working conditions and relationships which are outside his control. (2) He has. completed his trial or probationary period and is ;b?ng separated for unsatisfactory service. (3) He is terminated for cause, such as, delinquency or mis o on duct : (4). He claims he: vial discriminated'. against in a personnel` action because :of :race., color,` religion or ,national origin.. b. ? '-An ,applicant. for 'a position. in CIA may.ap'p?a,l under this proce.. dure when ,he alleges :that . his failure to be appointed in .the Agency is based solely on discrimibatioin.` c.; An employee 'may not use,this pr6,coduree (1) To delay the -application' of adverse' decisions. in; cases involving ~ifficioncy ratings,, veterans' 'proferer ce,, reduction .in force appeals, and decisions on the, classification `of position. Separate appeal procedures are provided in?Civil Service Commis- .:...Sion Rules. and'= Regulations on such matters:, ;(2) In c.onnootion wit2iseparations made by'th6' Director under authority of-. Section 102 of the security Act of 1947. ? STATINTL (Administrative Instruction No. z (3)., .In connection 'with thv ' . STATINTL ? oa"ti on of . loyalty cases. (4.dmi.rn.'strative.`:Instruction 'No tvCyi Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 Q R000100010016-5 27 Do camber 1949` STATINTL STATINTL doted 27 'October '1918 4. dated 16, November 1948 Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 34 Grievance Pi,_ edure n' An Arno) twee first :should- present, to his immediate supervisor) working days. notify the employee of his decision or ac ion. i The supervisor will promptly investigate the -s ua t ing can ployo'e to, state his case fully and if necessary top'resent witnesses.. it t' on and within five orally or in writing, any question, grievance., compiainti, mzsunuur- or similar difficulty. The supervisor will allow the em-, t d b If the om to 0o is not satisfied With the decision or action The Board will be constituted from among CIA employees (1) as followsi . (a) One member named by the employee making the appeal. (b) Qne member, named by the Assistant') Director or Staff Chief concerned. (c) One member selected by the two members''named above. (d)" The Chief, Personnel. Division' or the Chief, Employees Division, will be-.non-voting. chairman and advisor.' In case the first two members namad.cannot agree on the third member within three working, :days, the chairman will select a member from any office other than that to which the employee who. submitted the appeal is assigned. for hearing will include the name of'the (2) The request , board member desired by the employee and be forwarded to the Assistant Diroctor or Staff. 'Chief conce'rned' .through the Division Chief, and the Chief, ;Personnel Divi'sion', who will 'attach the case records. (3) " VTiithin tiro working' days after receipt Of ease records, the Assistant Director or Staff Chief will forward the, records and .his. re c ommondati Q.n for ~ a gib oar.d' member ; t o' the chairman or , tho' board. (4) The chairman will convene the board and begin., the hear- hi ,n Anva rafter>receipt',of-the case'- from, the n i gs w may be accompanied to 'hearings by not more than two representa- tive s , of his choice. He will inform the chairman of the names of such representatives prior to the time of the hearingse employee, he may request a hearing., -before ari' imparti:`al. Advisory 'Ap If the case is still not settled to the satisfaction of the Chief, Personnel. Division. full opportunity to explain. his problem personally, no i y o 440 ployoo in writing within five working days of his decisi'Dnor action taken, and furnish a copy with a complete written case record to the Chief, Personnel Division.. 'rne Division vni;w i ~>?y~? r.4 V- ,,.... -?.?r--,j -- t'f th r o , P 11 .,..,.,, ~- .+?I,n nnnAn1 w.~i ll .be forwarded: by the Division 'Chief to the p y ervisor he' may appeal in writing to':his Division'Chiof f tho'su peal Board.. Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 (5) Upon completion of the hearin a' Z s itt g , r en report and the recommendations of the majority of the members of the board a d t h de o ' e Assistant Director 'or Staff Chief concerned. The A si t t , s s an Director or Staff Chief will then, within five working days, make his deci- . r . pt.oy sion infor,i,,the, .em ee in writing, and,-.return allcase records with a copy of his deci sion ,to, the .,Qa.ief, Personnel Division: 6 Exce t (6) p n ?.cases `involvingalleged discri in ti m a on due to race; color; religion or national origin; the employee, if' he is still dissatisfied, may submit a writt a en ppeal to the Director; through the Chief _ Personnel n? a n u udc all case records. The- Director .will.. make his, decision -either-,based on a hea n r _~ g ulll7 if deemed necessary: If a employee in person. . hearing is held; the employee may have representation if he so desires The -Director. 'will inform the employee in writing of his decision which -Will be final.. ',Ill case records it-rill be returned to the Personnel Division for file d. gal required action in conn cti h a e on wit lleged grievances will. be..carried out Hurl, consulted at, anir ti r ea reJ '+, , . _ , e rsonnel Division; may. be e. The Personnel Relations*Br^nch P g normal working hours- and regular 'corking days. delays in rendering decisions. e notifl.ed in writing of any. f Employees making appeals- rill b g. Employees will be allowed 10 working days to make appeals from decisions at each level.. h. Where an appeal is.made to the Director the complainant arid' officer , s.?or employees :involved in the comrlaint w~rill' by afforded an opportunity.'tc~`,:appear personally before the Directo.r;c~r a person designated by him. The complainant, if, he so desires, may,have a representative of his' own choosing, 'within security limitations, Fa? Fair Em-T)l0irment Procedure a. Ilri t.. R.'. Saunders _ A;,~~~?~.+ Off: c er -" -~ v1aG- No 998C. 1JLV V?Lj7.LUIIs of xecutive Order .. . b? =appeals of decisions of Assi t t an s Directors and Staff Chiefs; ' in cases involving alleged discrimination due to race, color, religion or national origin will be made to the Fair Employment Officer instead of the Director: tion. .Y n cases involving actual discrimina= c ert Nithin 10 worlcing days, either will effect corrective action or recommend to the Director discinli nary or other action necessar i d: The Fair Employment Offi ie alleged discrimination. the complainant le no 1ater than 30 calendar days after learn- of tt "CL on in connection with person- gel actions must be submitted t m c. Complaints involving discrii Approved For Release 2006/11106 : CIA R.P81.700728R0001 Q001001.6-5? Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 o. T.lae .1'indn s,'o , r act onA of the 'z+?; r r t O ^." f mp e f. :Dociaions of "the. Director ; n oothes ;;,.,.py of the appeal, the supervisor concerned shall forward to the Deputy Fair lamiploy- ment Officer the complete file in the case through the channels prescribed by the department. If the department prescribes that the file in the case be routed through an ascending chain of administrative authority, the administrative officer at arm intermediate level may make an adjustment of the case satisfactory to the complainant. In such case, he should report the action taken to the Deputy Fair Employment Officer to whom the appeal is addressed and .advise the subordinate ,adrnnistrative officers concerned. If no adjustmumt is made the file shall automatically be forwarded through the prescribed channels, each, officer making whatever comment thereon he desires, with no further action required upon the part of the complainant. (c) Action on a complaint (or appeal) by the Deputy Fair Employment Officer....(l) Investigation and adjustment by informal negotiation. The Deputy Fair mployment Officer shall promptly make or cause to be mac?q such investigation as is necessary to ascertain the facts at issue on the corn- plaint. He should endeavor through informal negotiation to effect a satis- factory settlement of the complaint and., if necessary, shall take or cause to be taken corrective action. All interested parties shall be advised of the settlement of the complaint and any corrective action which may be taken. (2) Failure of adjustment by informal negotiation. In the event the Deputy Fair r"lnployment Officer is not able to effect a satisfactory settlement of the complaint by informsl negotiation, he shall furnish the complainant with a statement of the pertinent facts disclosed by the investigation of the Approved For Release 2006/11106: CIA-RDP81-00728R000100010016-5 Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 complaint and shall afford him an opportunity to reply thereto in writing or personally, by authorized representative or accompanied by such representa- tive. The complainant shall be permitted to present by witness or otherwise any pertinent facts not disclosed by the investigation. there practicable, a a transcript of testimony shall be made. If a verbatim transcript is not possible, a full summary of thra oral testimony shall be made by the Deputy F. r Employment Officer. The summary may be agreed to and signed by the complain- ant and the Deputy Fair Employment Officers or if the complainant does not agree with the sunvnary, he may note and sign his e ceptions which will become a part of the summary. Any transcript or summary shall be available for inspection by the complainant or his authorized representative and by interested agency officials. (3) Decision. On all the material facts disclosed by the investigation and the hearing, if held, the Deputy Fair Employment Officer shall make a decision or make a recommendation to appropriate authority. If the decision on the complaint lb favorable to the complainant, the responsible official shall so notify him in wri Ling and shalf take or cause to be taken such corrective and disoitplinary action as appears warranted by the facts in the case. In the event of an unfavorable decision, the complainant shall be advised in writing of the decision and the reasons therefor and of his right to appeal to the Fair Employment Officer or the head of thedepar tment as the department may prescribe., within ten days (twenty days if outside the con- tinental United States) from date of receipt of the unfavorable decision. Officials directly concerned should also be advised of any decision made. (d) Appeal to the Fa.r Employment Officer. (1) The complainant shall be advised that if he appeals to the Fair Employment Officer of thedepart.. ment he shall furnish a copy of the letter of appeal to the Deputy Fair Employment Officer who handled his case. (2) On receipt of a copy of the appeal the Deputy Fair Employment Officer shall forvrard to the Fair Employment Officer of the department the complete file in the case through the channels prescribed by the department. If the department prescribes that the file be routed through an ascending chain of administrative authority, the administrative officer at any inter. mediate level may make an adjustment of the case satisfactory to thecomplain- ant. In such case, he should report the action taken to the Fair Employment Officer and.advise the subordinate administrative officers concerned. If no adjustment is made the file shall automatically be forwarded through the prescribed channels, each officer making Yw atever comment thereon he desires, with no further action required upon the Dart of the complainant. (3) After reviewing the complete file in the case, the Fair Employment Officer shall make further investigation if necessary and shall, through in. formal negotiation attempt a solution satisfactory to all interested parties, who shall be granted. the privilege of appearing personally or by an author- f ized representative, or accompanied by such representative, before the Fair Employment Officer. If a satisfactory solution cannot be accomplished by the foregoing means, the Fair Employment Officer shall either make a decision or makae a recommendation to the head of the department based upon the material evidence in the file. If he makes a decision ho shall notify' the interested parties in writing or the decision reached and the reasons therefor. -rr Approved For Release 2006/11/06.: CIA-RD,P81-00.728R000100010016-5 (4) If the Fair Employment Officer makes a decision favorable to the his right to ap;;,eal to the head of the department within ten days ( twenty days, if outside the continental United. States) from the date of receipt of the decision. (e) Appeal to the head of the department. (l) In the event that a recommendation is made by the Feir #91.py-,irent Officer to the head of the department, or an appeal is taken from a decision of the Fair Employment Officer, the head of the department, shall make a decision upon the f acts of the case And notify the interested parties in writing of such decd.sion. (,) If the decision of, the Fair ployment Officer is unfavorable to the appellant, tihe Fair Employment Officer shall notify him in writing of p ii r action as the facts warrant. - appellant, he shall, in consultation with or on the basis of delegated authority front, the head of the department., take such corrective an d s- order. (b) All officers and employees of the department who occupy supervisory positions shall be instructed as to the ra aning, spirit and requirements of Executive Order No. 9980. (c) The department's relations and procedures for handling complaints Board, a copy of the adverse decision should accompany his appeal. 410.6 General provisions. (a) The head of each department shall prescribe procedures consistent with Executive Order No. 9980 and this hart for the prompt handling of complaints and appeals which are made under that In addition, he should be advised that if he appeals to the Fair uployment or within txenty days if he resides outside of the continental United States. Service Commission within ten days from the date of receipt of the decision, (3) If the decision is unfavorably to the appellant, the head of the department shall advise the appellant in wri.tin;, in duplicate, of thede_ vision and of his right to appeal to the Fair Employment Board of the Civil (2) if the decision is , favorable to the appell~an t, the head of the department shall tape, orcau,e to be taken, such corrective and disci.4plinnry action as appears warranted. and appeals shall be brought to the attention of all officers and employees of the department and shall be made available to plicants who lodge a com- plaint within the purview of Executive Order No. 9980. (d) Amendments in regulations and changes in procedures becoming S~v Id effective while an appeal is being processed may be applied to such appeal at whatever stage it has than reached., provided that the appellant shall not be deprived of any substantive right or resource to which he would have been entitled under the regulations and procedures in effect at the time his complaint was initiated. ; ..Approved For. Re1ease.2QQQ/11/06 . GIA-RDP,81 QQ728RQQ01QQ01QQ1675, Approved For Release 2006/11/06: CIA-RDP81-00728ROO0100010016-5 (a) If no appropriate Deputy Fair Employment Officer has been ap ointed p the Fair ,mployment Officer shall be designated to receive appeals under 410.55 (b) (1). If a, complaint or appeal is filed initially with the Fair Employment Officer of the department, no appropriate tbputy Fair employment Officer having been appointed, the.Fair 4nploymont Officer shall proceed directly or through designated representative to process the case in the manner prescribed for the Deputy Fair p Employment Officer in 1410.5 (c) (1) and (2) and such parts of 1J. 0.5 (c) (3) and (d) as are pertinent. (f) If, a complaint of discrimination because of race, color, religion t i or na ional orig n is denied on the ground that the action complained of is not a personnel action as defined herein, the complainant shall be advised t m !'t hat he ay appeal this de termination through the same channels as are prescribed under I10.5. If, on appeal, it is determined that the action e complain d of is a personnel action as defined herein, the case may be remanded to the proper officers for further investigation or action on the .issue of discrimination. (g) The moans of relief provided by Executive Order. 9980 or any regu- lations thereunder shall be supPlemental to those r ov' r , ? !~ d d b t p a y e ,, a.ng statutes., Executive orders and regulations, such as appeals to the Civil W, } service (oru I 4e, - r t 1 r ss n n FAIR i'} .'L fYMENT I3:Ji:ttI~, UNITED ST1 `I'FS CiVIi&at TIv1 t;O; MMIS Oiv Ladell O. Lawrhorn, Executive Secretary A.ppraved, F?r?ReleaseO,C?111l6_ GIA FZDp8~. OO7$kOO1OOO1O,O;16. u ca wee aon l . of t} ve-WX%0ns' 1'relerence ct of 1944 or the reduction in force regulations, etc. 410.7 Records and Reports. Upon request the departments shall furnish . to the t3oard all informa la.on needed for the revl.evr of personnel actions or for the compilation of niports. The complete file in each case or cases under Executive Order 9980 shall be maintained intact in each department at l a l e st unti such time as all appeal rights. have been exhausted and, on ? up Civil , 3or. vice Conmission. Effective on March 24, 1949 Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 CENTRAL INTELLIGENCE AGENCY Washington 25, D.C. ADMIAiISTR'TIVE INSTRUCT U REFERENCES: Executive Order No. 9830, dated 24 February 1947 (Grievances) (This rescinds Administrative Instructio dated SUBJECT: GRIEV.i,NCES AND COMPLAINTS Executive Order No.. 9980, dated 26 July 1948 (Fair Employment Practices) 1. POLICY a. Assistant Directors, Staff. Chiefs and other employees in super- visory capacities =. gill, in the administration of their. offices, insure optimum working conditions and relationships for personnel under their supervision. national origin. V. All recommendations. for personnel actions will be based so'le]3r on merit - a n d . fitness of'. an errployee arid in makinn such recormendations procedure ;for seeking adjustment of personal complaints and grievances status of employment. It? is recognized further that anrl.icnts for positions'.. in CIA may feel that their: failure to be appointed in the Agency is based on discrimination. 'his irlstructicn provides a standard; c.. It is recognized that dissatisfaction on the part of employees may arise in connection with working conditions and relationships or without restraint, interference, coercion or reprisal: APPLICATION OF GRID VAI CE PROCEDURE ,a. An employee may appeal under. this procedure when: (1) He is dissatisfied with aspects of his working conditions and relationshipswhich are outside his control. .(2) He has completed his trial or probationary period' an is being separated for unsatisfactory, service. (4) He claims he was discriminated against in a personnel action because of race, color, religion or national origin. (Executive ?1 Qt STATINTL STATINTL Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 Order No. 9980, dated 26 July 1948) b. An applicant for a position in CIA may appeal under this procedure when he alleges that his failure tov be appointed in the Agency is based solely on discrimination. c. An employee may not une this procedure: (1) To delay the application of adverse decisions in cases involving efficiency ratings, veterans' preference, reduction in force appeals, and decisions on the classification of positions. Separate appeal procedures are provided in the C. S. C. Rules and Regulations on such matters. (2) In connection with separations made by the Director under authority of 'ection 102 of the Natio a1 Security Act of 1947. (See Administrative Instruction (3) In connection with the a:d 'udica. on of loyalty cases. (See Administrative Instruction 3. GRIEVL'~.CE PROCEDURE a. In employee should first present to his immediE,te supervisor orally or in writing, any question, grievance, complaint, r:isunder- t d s an ing or similar difficulty. The supervisor will allow the er.ployee to state his case fully and if necessary to present witnesses. The supervisor will promptly investigate the situation and within five work ing days notify the employee of his decision or action. b. If the employee is not satisfied with the decision or action of the supervisor he may appeal in writing to the Branch Chief. A copy of the written appeal will be forwarded by the Branch Chi::f to the Chief,. Personnel Branch, r.&_M (Personnel Officer after 30 Noti-enber 11 8) Th ,. . e Branch Chief will give the employee full oppor , ;i:.ty to ::explain his problem personally, notify the employee in wy i t ing within five, working days of his decision or action taken, and furnish a. copy with a complete writte e - n case r cord to the Chief, "Personnel Branch, c. (1) If the case is still. not settled to the satisfaction of the employee he may request a hearing before an impartial Advisory Appeal Board to be constituted from. among. CIA employees as indicated below: (a) One member named 1.:y 'the employee' makin the M a e employee who submitted the appeal is assigned. wi.i1, seiect such member from any office other than that to which 4- 1, within three working days on the third member-thpChairmsi (c) One member selected'by the two members named above. (d) The Chief, Personnel Branch will be non-voting Chairman . . P ~.ppe (b) One member named by the Assistant Director or Staff Chief Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 (2) The request for hearing will include the name of the board member desired by the employee and be ,forwarded to the Assistant Director. or Staff Chief., concerned through the Branch Chief and the Chief, Personnel. Eranch ,who will attach the case records. aua o race, color, religion or national origin, the employee, n if he is still 'dissatisfied, may submit a written a,,) .peal. to the Director, through the Chief, Personnel Branch, who will attach all case records. The Director will make his decision either based on a review of' the case records or by h Baring the cmployc,e in person if deemed necessary. If a hearing is held the emplotrce may h^vc rear t l w~ uhen, ll within five working days, make his de cision, inform the cmployct: in writing, and return all case records with a copy of his decision' to the Chief, Personnel Branch. (6) ' Except in cas?.s involving alleged discrimin-+ir t ? ~n orm the: chr..rma.n of tho names of such repre- sentatives prior to the time of the hearings. (5) Upon completion of the hearing's written repcrt =;.nd the recommendations of thy ' majority of the members of the board certified by the Chairmen will b: forwarded to the Assistant Director or Staff Chief concerned. The Assistant Director or St'zff Ch, -P (3) ~~rithin two working days after receipt of case records the Assistant Director or Staff Chief will forward the ccse, with his recormendation for a board member, to the Chairman of the Board. (4), Me chairm_:n will convene the board and _ begin the. hearings within 10 working days after r'Iceipt of the case from the Assistant Director or Staff Chief. The employee making the a ;oe;l may be accompanied to hearings 'b - not more thth two .reprw a e under this Pro t w c s (1) Ile? is dimeati8fled with y "3 Eti." r of his working condition and roiati anshipo which are crut i la control. # ha,,; 1e ed tri&l or vt: Onor-]~ pe .od and is being separated tor unna. LALctoxy service. 00) 110 - tor ' .x u0w for ca=- r.$ such t1 4n(r 23ci or m misconduct* 0 He alai was I .i tOd neat in p cn l aotios ass r race, color* religion not .e . origin, b, a pli t or a posit on. in OTA =W e63. ei' ed n .Uges u him titre be qppoinW n Agmoy is bawd mole1zy on ding ont C. AUr -loireo not o this procedure; { r o delay 41-0 application of adverse docialmons in ern 3x vi ; z .c"iu .esxa+c ~t ; ? oteran&1 pre `c foG, d tion h ?v:n5t+' k~~,~akfr~ ,s~.~^"'~tt`yk+1'~Ii'd''1G Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 STATINTL Approved For Release 2006/11/06: CIA-RDP81-007288000100010016-5 to o OPPMU# d deal Iona o the C a vifioa Lion a ition, rt a e r eer r~ provided i the . Co. etr and Zutiu oars h i.t~tr. t ~ 3Cn +oo rth it . caparn 1 s do by the Dina for ti er thGritr a et 4 102 Of he IlatiOMI ootu'it3r Act O' 1947.. (A& i1ntr'a&'I , it u-Itstrt; t h G Ia` 't s UMn. () In eon tlon with "fi td~,tdicr tixmw O 1o ..t oz .. ;. AI MI o fit nhota preaent to 1118 im.edlafw 9r rit -, or JLq Wi rh, wny otion, , iioe,, a p1tz9.r t, ~.m r+.. ISt adIz..9 or OImIIQ-V fifty. The mozriior ri:?1 . 11GGw the STATI NTL 1oyee to Seto his *we ful2y nr" 1100000W."7 to fJont witr.~es e The Sw izor gill p pti, it1Vtielttte tile; o: tt tlon and +ait fig C ;VII noti1 the plo r or ilia ductwlot, or act,. Chi t bl~riW . The DiVisjen Chic" + ,: 1 give the 1 a c yt Of the pe . x.11. Forded by the Zvieio. Chief to the h* t hO o pioyee is r-10.1 as .tieled . ~ 'tho tZ o > or } of c 01' tb or sor he my ppe rites to hu At bi C * in writ i4 VW of a .o?on. or action kbm u o . t ity to *2P1a Ids problem 0 al%d faah A COPy with a ooglate vritt,a o cord to tbo Chief, . r , :at 41 b r g bet" an ; atrt al Aa fttos r Appel 0. If to ottco io st sett to tto ttia`3cta Saesa. 001'0016-5 (1) Me Io wry bo eor :Lute fry ang CZA employees a.1MVS the Chief, Pa o e1 Dilxiaiora, acs w~Ul att eh the a reoorde? Dirvator or 6teV ` oancer n through t1a T i i x n Chief and (4) Ono rxmber r4md by h o e ma the appeal. (b) Qrz ;o' wd by the *. zz ; Di otor StdT of cor tC3cii , the olmlwaz will ze1 t a uu 4-- rr era;,* of 1 other than .: no agr an o`ho h?r bor pitV.a w a i, rk nrx day-at au s a r t o ;a ,nor; na-zed awe. '~(d) The Chief, Pcrsa=1 1)i, siirs, will be ton-, 4'0 tbg Alv r 14first two b d that tO which UO r .o e Who aOib it +d the a ppoa1 , stAge md. ,two (2) ' re eat for sa irg win C ude the x of the bosrd ber eA d tV the =ploy" be forwaatded to ate t Ulthin I= wrking 4 aaa rter r +3cip of was iv orde the zAa t t Director or Staff wh1et : tome the zwords and Us, rro d tion for 4 board =iber to t' o aten of the aTbe,abaLMM w 1 comma the - board d bed the a r1i g In 10 vorkba a ettor rose t of the case from t A tct u rar,, Ue. a Keg ; Us woo ? He wtU Woi the can of the ==a cIR o w h a e4 to bwliaga by not rAwe emu: , rWe entativvp of are hntat ve prior to the tim of the b o.., ppi?bvecl for elease 2006111106: CIA-R?P81-00728R000100010016-5 Approved For Release 2006/11/06: CIA-RDP81-007288000100010016-5 to die or tai hearings a writtext report and the t twitIvC,,, of hio d el s on uhlaft id M bs, ; `lrxa. . n ae re r a do oo$ osaio."a Ii ou or uatlioL origin he o to , it he at W. di tW ie4.. rizrh; sut t ca writ en a nn ai to the Directory iz'h the Chien`, Porw o. r l Di' is .vrc;r who w. 23, a " :h ca r s +rd < The Dio ctor ut1i rake his ? rs Auiosa cdther based on a view t be :c oc o or bar ar; the er plcyw,, in ao z if do amed nooeea sa , If a his ?Z ae >? , the :"m lo, e nzy have r r ,, n ? U on t ' hu so dew irc < ` e Di lOr 4111 infwxrx the employee in = out du"Izg nox=It }rii" .- t h r- an 'ogul ' o ' d'a, f retur dt the Po l M%quiar, tor file. d. &12. rem, c action in come-t .on . aUcccd ;ar ,.cvvnc a vu p ^. CE v; a 3 o1vi g: .egod dicari Lion due to The ra , ^ei .tio meh, Pere 1 DIV.J,%icu,. T ,' be = ' ai at 07 :is xl. aett; ra to ' CrI or 'co -i nt. Expf.oyea' a =xIdqg pe ll t it~ie in sari t2mg at S ZMPZcroo VIn . allowed 10 k dap to =30 4pj*a of r 'fio or a$o, ved In t ho orsa ;lc t uiil beta `arded .h, 'More an pe o to the Dlm xr,. the sa*U rail and r *OOrT dwaticmO of t e sut; ority of the bem- of the bow d eertif Jed the c 4 "car ded to tbe alertazti Mmtor or Stuff CbLe ? ouc z'n "w'h f cI.rt nt DI Mator or staff Cue 41i than? WiVIJA five I-Tor I a a1o Me onion, Ixt.e'0r the e pyao vxr : we rat x= , en r;; m with a. ,F ,r or his doetvion to Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 poi' i7S to a pea '' pmobaJ37 Waft US otor or A ai4a . c pla? - ~ ,' ter ckgir , my bm it r :tent tive of ,fie on c1:0ing. 'air Ihv2OY=mt Pld a. Mr. E. R. Sa f udgot, "icon is d of ted on. Per r io nt cai z. mum tile prcviai c tivv Qrdw r NO. O " . .L o of dea %ic= of Aasiot nt zamotom and staff Gbl j owes iwoivLn a1Ic d d i':oor3.r:; t :cn to p color, religion are natAonal y iu a3U be nadq t Fad fti*Y t Cher :ltd or the 1 CD . C pl. inwavsav diem o cony octi.ox. with p cirne1 :ati:4im at ttad not .later than 30 co ' vAur the c aim: nt ive o or the aU o U ina i. ci. The Fes' rml vl $t loo t days dim 'wi2i tea car *U'vO or c i"iPUWrV ticn or ;, acod cd~atiart through either action fail . to, the of antic ma cemary in agaiee imrov-iaag actual ftnar1 ain -,. .nvvw~a, +f~wk wr. Ana .rt,~4 U U1" LU 'f i3VU IW4~:t-' fJ, Q,f~.~ ~". 7be . ling or :a st , e or v Fair r io t? `iwr rin ti ( to zwwv 462m, l c 2'fl % Mob do not aatia ; + 1o ee a&Itbff the.a a"041 b coaled Far icnt Bftrd in the Civil sir 03ton. Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 vl11 g nt ed for a ua.i t vaa timo by 1,y CI amploy" it voly d. haring roa t at the wT,2oM'u re.-Imabo w 1n not be bom by CX.Le a k > > ~ r r l e a v o . i ; o ff p a y , or o ahiz tiou of both Utive or tho * ght . air em action with rat a at c r~ it . la la t o right they will be ft" tit 0Crt a> ~. a traa ij$; i t h n o c on. th p ` tr, ti a .cua s,^ i o p r . Tml sx othor qmnuo ihisxh the ; to , hiu reps ou. ? O s l 9'a 1wro the right to join orb refrain tr a 3012d " rani%ati o r r la it ~l oa the '' which are not in *=El .ot *. ! Lh their oath of rioo or r*intr,. swwi Ca sll will. Late the action scribed beret for t office. Ida ! aaa L '' tiwa tP or the atior Vith the co rro t the k ti a ra shy Z at .o I SeCurity Co it the CIA fr nt t 'i r will &UO on era r I iev vvaloh so ammu rs 1 of 14+ DU%ator o ntral. atollig DZSTUW=ONs AM CIA Mau)= 5. Upftals I 70 Approved For Release 2006/11/06: CIA-R DP81-00728R000100010016-5 Approved For Release 2006111106: CIA=RDP81-00728R000100010016-5 STATINTL STATINTL Now SUBJEC s "'rinwaies and Cc ,1 zt$ I P L ST XT ~~.,.... I do not cony. S E AL N.3 1 POT MA`TA F *.k. : do not conch. Approved For Release 2006/11106: CIA_RDP81=00728R00010001001'6-5 Approved For Release 2006/11/06: CIA-RDP81-0072 2 Application of Grievance Procedure An. e!q)loyee may appeal under this procedure when: (1) He is dissatisfied with aspects of, his working conditions and relationships which are outside his control. Washington, D. C. SUBJECT: Grievances and Complaints SCISSIONS: Administrative Instruction Administrative Instruction STATI NTL D1t~`~FT 1/3%9 STATINTL STATI NTL 1ated 27 Oct. 1948 dated 16 Nov. 1948 Scope This Instruction provides the policies and, procedures for employees seeking a.d justmell.t of personal complaints or grievances. Mien because of race, color, religion or national origin. (4) He claims he was discriminated against in a personnel An applicant for a position in CIA m appeal under this educe vhen he alleges that his failure to be appointed in the Agency is based solely on discrimination. c. An employee may not use this procedure: (1) To delay the application of adverse decisions in cases involving efficiency ratings., veterans' preference, reduction Approved For Release 2006/11/06 :. CIA-RDP81-00728R000100010016-5 (2) He has completed his trim. or probationary period and is, being separated for unsatisfactory servi.ce., (3) He is terminated for cause, such as delinquency or misconduct. CENTRAL INTELLIGENCE AGENCY 'Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 d Regulations on such matters. Separate appeal procedures are provided in the C. S. C. Rules In force appeals, and decisions on the, classification of position. (2) In connection with separations made by the Director under (Administrative InsItructiol An employee first should present to his irmediate supervisor, orally or in writing, any question., grievance, complaint, misunder- standing or similar difficulty. The supervisor will allow the employee to state his case fully and if necessary to present witnesses. The supervisor will promptly investigate the situation and within five working days notify the employee of his decision or action. b If the employee is not satisfied with the decision or action of the supervisor he may appeal in writing to his Division Chief. A copy of the appeal will be forwarded by the Division Chief to the Chief, Personnel Division. The Division Chief will give the employee full opportunity to explain his problem personally, notify the employee in writing within five working days of his decision or, action taken, record to the Chief, and furnish a. copy with.a complete written case Approved For Release 2006/11/06: CIA-RDP81-007288000100010016-5 W- it, authority of Section 102 of the National Security Act of 1947. (3) In connection with tbs, adjudication of loyalty cases. (Administrative Instruction Grievance Procedure STATI NTL STATI NTL STATI NTL f ;Approved For Release 2006/1.1/06: CIA-RDP81-00728R000100010016-5 Chief concerned (a) One member nod by the employee making the appeal. (b) One member named by the Assistant Director or Staff (0) One member selected by the two members named above. (d) The chief q Personnel Division, . will be non-voting chairman and advisor. In case the first two rbers named cannot agree on the third member within three working days,, the chairman will select a irerrir from any office other than that to which the employee who submitted the appeal is assigned. (2) The request for hearing will include the name of the board member desired by the employee and be f oy-aarded to the Assistant (1) The Board will be constituted from among CIA employees as follows t Director or ataf'f Chief concerned through the Division Chief and the Chief, Personnel Division, who will attach the case .records. (3) Uithin two working days after receipt of case records the Assistant Director or Staff Chief will forward the records and his recommendation for a board member to the chairman of the () The . chairman will convene the board and' begin the hearings within 10 warping days after receipt of : the case from the Assistant Director or Staff Chief, file' enplc +ee makking the meal may be aoocq=ied to I hearings by not more than two representatives of representatives prior to the time of the hearings.. his own choice, Re V M inform the Approved For Release 2006/11/06 CIA-RDP'81-007288000100010016-5 Approved For Release 2006/11/06: CIA-RDP81-00728R0001'00010016-5 to' the Chief,, Personnel. Division. by the chairman will. be forwarded to the Assistant, Director or Staff Chief concerned. The Assistant Director or Staff Chief will then within five working days, make his decision, inform the employee in writing, and return all case records with a copy of his decision recommendations of the majority of the Members of the board certified (5) Upon oc pletion of the hearings a written report and the d. AU required action in connection with alleged grievances will of the case records or by hearing the enrgloyee in person if deened necessary. If a hearing is held, the employee may have representa- tion if he so desires. The Director -will inform the employee in writing of his decision which will be final. All case records will be returned to the Personnel Division for file. (6) Except in cases involving alleged discrimination due to race, color, religion or national origin the employee, if he is still dissatinfied;. may submit a written appeal to the Director, through the Chief, Personnel Division, who will attach all case records. The Director will eke his decision either based on a review be carried out during normal working hours and regular working days. The Personnel Relations Branch, Personnel Division, may be consulted at any time relative to any grievance or complaint. Employees waking appeals will be notified in writing of any h. Where an appeal is made to the Director, the complainant and delam in rendering decisions: g Employees will be'allowed 10 working days from. decisions at each level. other officers or employees involved in the complaint will be afforded Approved For Release 2`006111/06: CIA-RDP81-00728R000100010016-5 Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 an opportunity to appear personally before the Director or a person designated by' him, The complainant, if he so desires, may have a representative of his own choosing, 4. Fair iloyment Procedure dir. E. 'R..: aunders,, Budget Wicer, Is designated as CIA Fair Employment Officer under the provision of Executive Order No. 9980. b. Appeals of decisions of Assistant Directors and Staff Chiefsi in oases involving alleged discrimination due to race, color, religion or national origin will be made to. the Fair employment Officer instead of the Director. Complaints involving discrimination in connection with personnel actions must be submitted not later than 30 calendar days after the complainant learns of the alleged discrimmnination4 d. The Fair ployment Officer within 10 working days either will take corrective or disciplinary action or recommend to the Director action necessary in cases involving actual discrimin- ation The findings or actions of the Fair Employment Officer may be: appealed to the Director, t. Decisions of the Director in oases involving alleged discrimination due to raps; color, religion or national oragia which do not satisfy the employee making the appeal may be .appealed to the Fair Employment Board in the civil Service Approved For Release 2006/11/06 CIA-RDP81-00728R00010001.0016-5 Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5` CIA. Annul leave, leave with3 ut pays or a combination of both will be granted for actual travel time by any CIA employee involved. Travel or any other expense which the employees his represen- 5. ,Expense and Travel tative or witnesses might incur in connection, with attendance at hearings granted at the employee's request, will not be borne by 6. Employee Unions CIA employees have the right to join or to refrain from joining any organizations or associations of employees, the policies 7. National Security Council Vith the concurrence of the Executive Secretary of the .of which are not in conflict with their Oath of office or appoint any all restraint, interference and coercion on the pert of adminis- trative and supervisory personnel* meat affidavits. In exercising this right they will be free from National Security Council the CIA Fair E,loyment officer will a .se among pd,[- U11LAWJ. W& .uw FOR TO DIRECTOR OF CENTRAL INTELLIGENCE-1) office. In such cases the Executive Secretary of the National Security Council will tale the action prescribed herein for the Director of Central Intelligence. DISTRIBUTIONS ALL CIA 214PLO Approved, For Release 2006/11106 `.,.CIA-RDP817007288000100010016-5. Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 CONOUR1 ENCES FORS ADMMISTRATM INSTRQ NO. SDBJEC Ts Grievances and CoWlaints PERSON ML STi1FF I do (not) concur BUDGET STAFF DATE I do (not) concur ADMIINISTNATIN' ' STAFT' DAT@ SPECIAL SUPPORT STAFF. DATE I do (not) concur fig TIT!L TATINTL 8TATINTL Approved For Release 2006/11 06: CIA-RDP81-00728ROO0100010016-5 ADMINISTRATIVE INST NUMBER SUBJECT: GRIEVANCES AND COMPLAINTS (This Rescinds Administrative' Instruction I Idated 23 April 1947) REFERENCES: Executive Order No. 9830, dated 24 February 1947 (Grievances) Executive Order No. 9980, dated 26 July 1948 (Fair _Employment Practices) POLICY a. Assistant Directors, Staff Chiefs and other employees in super- visory capacities will, in the administration of their offices, insure optimum working conditions and relationships for personnel under their supervision. b. All recommendations for personnel actions will be based solely on merit and fitness of an employee and in making such recommendations there will be no discrimination because of race, color, religion,. or national origin. e. It is recognized that dissatisfaction on. the part of employees may arise in connection with working conditions and relationships, or status of employment. It is recognized further that applicants for positions in CIA may feel that their failure to be appointed in the Agency'is based on discrimination. This instruction provides a standard procedure for seeking adjustment of'personal complaints and grievances without restraint, interference, coercion or reprisal. APPLICATION OF GRIEVANCE PROCEDURE a. An employee may appeal under this procedure when: (1) He is dissatisfied with aspects' of his working conditions and relationships 'Which are outside his control. Approved Fp;C:.Rel ase X006/1 1/Q6_,. JA, RPP81 OO728,R0OQ1OO;b1O016-5 ~ LP STATINTL L., STATINTL b. An applicant for a position in CIA may appeal under this procedure (2) He has completed his trial or probationary period and is being separated for unsatisfactory service. (3) He is terminated for cause, such as delinquency or mis- conduct. (4) He claim4s he was discriminated against in a personnel action because of race, color, religion or national origin. (Executive Order, I No. 9980, dated 26 duly 1948). e alleges that his failure to be appointed in the Agency is based solely on discrimination. . An employee may not use this procedure: (1) To delay the application of adverse decisions in cases involving efficiency ratings, veterans', preference, reduction in force appeals, and.decisions on the classification of positions. Separate appeal procedures are provided in the r.S.C. Rules and Regulations on such matters. (2) In connection with separations made by the Director under authority of Section 102 of the National Security Act of 1947. (See Administrative Instruction (3) In connection with the adjudication of loyalty oases. (See Administrative Instruction 3. GRIEVANCE PROCEDURE 1-00728R000100010016-5 a. An employee should. first present to hi'simmediate supervisor, orally or in writing, any question, grievance, complaint,. misunder- Approved For Release 2006/11/06: CIA-RDP81-007288000100010016-5 standing or similar difficulty. The supervisor will allow the employee to state his case fully and if necessary to present witnesses. The supervisor will promptly investigate the situation and within five work- ing days notify the employee of his decision or action. b. ' If the employee is not satisfied with the decision or action of the supervisor he may appeal in writing to the Branch Chief. A copy of the written appeal will be forwarded b the Branch Chief to the Chief, Personnel Branch, AMA The Branch Chief will give the employee full opportunity to explain his problem personally, notify the employee in writing within five working days of his decision or action taken, and furnish a copy with a complete written case record to the Chief, Personnel Bran oh. c. (1) If the case is still not settled to the satisfaction of the employee he may request a. hearing before an impartial Advisory Appeal Board to be constituted from among CIA- employees as indicated below: (a) One member named by the employee making the appeal. (b) One member named by the Assistant Director or Staff Chief concerned. (c) One member selected by the two members named above. (d The Chief, Personnel Branch will be non-voting Chairman and advisor. In case' the first two members named cannot agree within three working days on`the third member, the Chairman will select such member from any office other than that to which A1.t.rRve4. Forleae2Q0.k IPQQI. Q101- 15, Approved For Release 2006/11/06: CIA-RDP81-00728R00010001001.6-5 the employee who submitted the appeal is assigned. (2) The request for hearing will include the name of the board member desired by the employee and be forwarded to the Assistant Director or Staff Chief concerned through the Branch Chief and the Chief, Personnel Branch who will attach the case records. (3) Within two working days after receipt of case records the Assistant Director or Staff. Chief will forward the case, with his recommendation for a board member, to the Chairman of the Board. (4) The chairman will convene the board and begin the hear- ings within 10 working days after receipt of the case from the Assistant Director or Staff Chief. The employee making the appeal may be accompanied to hearings by not more than two representatives of his own choice. He will inform the chairman of the names of such representatives prior to the time of the hearings. (5) Upon completion of the hearings a written report and the recommendations of the majority of the members of the board certified by the chairman will be forwarded to the Assistant Director or Staff Chief concerned. The Assistant Director or Staff Chief will then within five working days make his decision, -inform the employee' in writing and return all case records with a copy of'his decision to the Chief, Personnel Branch. ;.Approved For.Release 2006/11/06: CIA-RDP81-00728R0.00100010016-5 . Approved For Release 2006/11/06: CIA-RDP81-00728ROO0100010016-5 (6) Except in oases involving alleged discrimination due to records. The Director will make his decision either based on a through the Chief, Personnel Branch, whowill attach all case color, religion or national origin, the employee still dissatisfied, may submit a written appeal to the Director, deemed necessary. If 'a hearing is held the employee may have repre- review of the case records or by hearing the employee in person if sentation if he so desires. The Director will inform the employee in writing of his decision, which will be final. All case records will be returned to the Person Branch for file. d. (1) The Executive for A IAis designated as CIS Fair Employme Officer under the provision of Executive Order No. 9980.' (2) Appeals of decisions of Assistant Directors/taff Chiefs, in cases involving alleged discrimination due to race, color, religion or national origin will be made to the Fair Employment Officer instead of the Director. (3) Complaints involving discrimination in connection with person- complainent learns of the alleged discrimination. nel actions must be submitted not later than 30 calendar days after the (4) The Fair Employ/went Officer' will within 10 working days either takepersonally, or recommend to the Director, any corrective or disciplinary action considered necessary in cases involving actual discrimination through either action or failure to act. Approved For Release 2006/11/06: CIA-RDP81-00728R0001:00010016-5 nt Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 may be The findings or actions appealed to the Director. of the Fair Employment Officer (6) , Decisions of the Director in oases involving alleged discrimination due to race, color, religion or national origin which (5) o not satisfy the employee making the appeal may be appealed to the Fair Employment Board in the Civil Service Commission. (7) The provisions of this sub-paragraph"d 'provide, an interim means for implementing Executive Order No. 9980 and are subject, to change to bring them into accord with any regulations in conflict or elaboration which may later be issued by the Civil Service Commis e. All required action in connection with alleged grievances will be carried out during normal working hours and regular working days. The Personnel Relations Division, Personnel Branch, may be con- suited at any time relative to any grievance or complaint. a. Employees making appeals will be notified in writing of any dela, :- in t,,ering decisions b. Employees will -be allowed 10 working days to meeke appeals from decisions at each level: o. There an appeal is made to the Director, the complainont and other officers or employees involved in the complaint will be afforded a opportunity to appear personally. The oomph t, if he so desires, may y have?a representative of his own choosing. Approved, Fcr..Rplease. 200611.1/06: CIA-RDP81-0,0728R000100.01001 5 EYPENS AND TRAVEL '01t-'5 Travel or any other expenses which the employee, his representative or witnesses might incur in connection -with attendance at hearings granted at the employee's request, will not be borne by CIA. Annual leave, leave without pay, or a combination of both will be granted for actual travel time by any CIA employee involved. 6. EMPLOYEE UNIONS CIA employees have the right to join or to refrain from joining any organizations or associations of employees, the policies of which are not in conflict with their oath of office or appointment affidavits. In exercising this right they will be free from any and all restraint, inter- ference and coercion on the part of administrative and supervisory personnel. 7. F R;Re?-,'bf H. KOET Adma SDireo Centred Intelligence NATIONAL SECURITY COUNCIL With the concurrence of the Executive. Secretary of the National Security Council, the CIA Fair Employment Officer will also act upon any grievances. vrhich may arise among personnel of his office. In such cases, the 'Executive Secretary of the National Security. Council will take the action prescribed herein for the Director. of Central Intelligence o STIATTMT~L Aproved` For Release 2006/11/06: CIA-RDP81-007288000100010016-5 ADMINISTRATIVE INSTRUCTION NUMBER D Se (9 9 Sep em er 948 STATINTL STATINTL STATINTL (This rescinds Administrative Instructions hated 23 REFERENCES: Executive Order No. 9830, dated 24 February 1947 (Grievances) Executive Order No. 9980, dated 26 July 1948 (Fair Employment Practices) 1. POLICY a, Assistant. Directors, Staff Chiefs and other employees in supervisory capacities will, in the administration of their offices, insure optimup working conditions and relationships for personnel under their supervision. b. All recommendations for personnel actions i A will be based/on m rit and fitness of an employee and in making such recommendations there will be no discrimination because of race, color, religion, or national origin. c. It is recognized that dissatisfaction on the part of employees may arise in connection with working conditions and relationships. or status of employment. l i struo on pro es a s ar pro' ec{1. e for seeking adjustment of personal complaints andgrievances without restraint, interference, coercion or reprisal. APPLICATION OF GRIEVANCE PROCEDURE a. An employee may appeal under this procedure when: (1) He is dissatisfied with aspects of his working conditions and relationships which are outside his control. (2) He has completed his trial or probationary period and is being separated for unsatisfactory service. Approved For Release 2006/11/06: CIA-R?P81-00728ROO0100010016-5 Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 (3) He is terminated for cause, such as delinquency or misconduct. (4) He claims he was discriminated against in a personnel action because of race, color, religion or national origin. (Executive Order No. 9980, dated 26 July 1948) d e ure: An employee may not use this proce Ge (1) To delay the application of adverse decisions in cases involving efficiency ratings, veterans' preference land decisiKns on the classification of positions. Separate appeal procedures are provided in the C. S. C. Rules and Regulations on such matters. (2) In connection with separations made by the Director under authority of Section 102 of the National Security Act of 1947. (See Administrative Instruction In connection with the adjudication of loyalty cases. GRIEVANCE PROCEDURE orally:or in writing, any question, grievance, complaint, misunder- a. An employee should first present to his immediate supervisor, standing or similar difficulty. The supervisor will allow the employee to state his case fully and if necessary to present witnesses. The supervisor will promptly investigate the situation and within five working days notify the employee of his decision or action. ClA RD.p81-Q0,72sRap01oQQ10016-5.; OO`'C OO1 6-5 be If the employee is not satisfied with' the decision or action of the supervisor he may appeal in writing to the Branch Chief. A copy of the written appeal will be forwarded by the Branch Chief to the,Chief, Personnel Branch, A&M. The Branch Chief, will give the employee full opportunity to explain his problem personally, notify the employee in writing within five working days of his decision or action taken, and furnish a copy with a complete written case record to the Chief, Personnel Branch, c. (1) If the case is still not settled to the satisfaction of the employee he may request a hearing before an impartial Advisory Appeal Board to be constituted from among CIA employees as indicated below: (ac) One member named by the employee making the zppeal. (b) One member named by the Assistant Director or Staff Chief concerned. (c) One member selected by the two members named above. (d) The Chief, Personnel Branch will be non-voting Chairman and advisor. In case the first two members named cannot agree within three working days on the third member, the Chairman will select such member from any office other than that to which the employee who submitted the appeal is assigned. (2) The request for hearing will include the name of the board member desired by the a ployw and be forwarded to the Assistant Director or Staff Chief concerned through the Branch Chief and the Chief, Personnel. Branch who will attach the can records. (3) Within two working days after receipt of case records 3- Approved Fbi Release 2006/11/06: CIA-RDP81-00728R000100010016-5 Approved For Release 2006/11/06: CIA-RDP81 00728R000100010016-5 Board his recommendation for a board member, to the Chairman of the the` Assistant Director or Staff Chief will forward the case, with his own choice. He will inform the chairman of the name a of such may be accompanied to hearings by not more than two Assistant Director cr Staff Chief. The employee making the?a (4) The chairman will convene the board and begin the hear. ingswithin 10 working days after receipt of the case from the e&bpwa prior to the time of the hearings. (5) Upon completion of the hearings a written report and the recommendations of the majority of the members of the board certified by the chairman will be forwarded to the Assistant Director or Staff Chief concerned. The Assistant Director or Staff Chief will then within five working days make his decision, inform the employee in writing and return all case records with a copy of his decision to the Chief, Personnel Branch, Director will make his decision either based on a review of the case Chief, Personnel Branch, who will attach all case records. The (6) Except in cases involving alleged discrimination due to race, color, religion or national origin, the employee, if he is still die- satisfieds may submit a written appeal to the Director, through the records or by hearing the employee in person if deemed necessary. If a hearing is held the employee may have representation if he so desires. The Director will inform the employee in writing of his decision, which Branch for file. Appred For.Release 2 t /11/Q ,. 1, I ,QP8,1 OQ a ',QQ 10Q_USJ16 5.._ be final. All case records will be returned to the Personnel (2) Appeals of decisions of Assistant Directors em Staff J Officer under the provision of Executive Order No. 9980. 0016-5 d.' (1) The Executive for A&M is designated as CIA Fair Employment / Chiefs in cases involvi g alleged discrimination due to race, color, 7The Fair- Employment Officer will within 10 working days religion or national origin will be made to the Fair 1'mployment )fficer instead of the Director, or disciplinary action considered necessary in cases involving either take personally, or recommend to the Director, any corrective actual discrimination through either action or failuee to act. (~) The findings or actions of the Fair Employment Officer may be appealed to the Director. (~) Decisions of the Director in cases involving alleged discrimination due to race, color, religion, or national origin which do not satisfy the employee making the ape 1 may be WO appealed to theq(ivil Service commissions to change to bring them into accord with any regulations in con- The provisions of this sub-paragraph d. provide an inter im means for implementing Executive Order No. 9980 and are subject flict or elaboration which may later be issued by the Civil Service e. All required action in connection with alleged grievances Commission. will be carried out during normal working hours and regular working days. f. The Personnel Relations Division, Personnel Branch, may be consulted at any time relative to any grievance or complaint. a. Employees making appeals will be notified in writing of, any delays in rendering decisions. b. Employees: will be allowed 10 working days to make appeals i c d" t `'" e`I ase` 00 7iT106A': CIA-RDP81-007288000100010016-5' Approved For Release 2006/11/06: CIA'RDP81-007288000100010016-5 ., XP#NSE AND TRA EL -y it&& s:o ~ `rl?...c.. ct.. -~.,,? Travel or any other expenses which the employee, his representative or witnesses might incur in connection with attendance at hearings granted at the employee's request, will.nbt be borne by CIA. Annual leave, leave without pay, or a combination of both will be granted for actual travel time by any CIA employee involved. R. H. HILLENKOETTER Rear Admiral, USN Director of Central Intelligence DISTRIBUTION: All CIA 4mplpyees LIQQUQI~ Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 STATINTL ILLEGIB UNCLAASIFT(@ . RES j.CTED CONFIDENTIAL" SECRET ..-.( R WILL CIRCLE CLASSIFICATION TOP AND BOTTOM) 71 CENTRAL INTELLIGENCE AGENCY .OFFICIAL ROUTING SLIP INITIAL DATE '~- Z i~c t ~- 5 FROM INITIAL DATE 4 ~.3 z 3 E=DAPPROVAL I INFORMATION L1 SIGNATURE ~~IICTION 1__=DIRECT REPLY I 1 RETURN -M, OMMENT I 1 PREPARATION OF REPLY DISPATCH r=ONCURRENCE E~ RECOMMENDATION I 1 FILE REMARKS: /~,-~e~c -~ fE P c C sC 3ECR.ET M.f_I.D.E.N_T I AL...,., RESTR I,CTED._ NCLASS I f 1 E 1 0 J Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 FEDERAL REGISTER Wedneaday, September 29, 1948 TITLE 5'-- ADMINISTRATIVE PERSONNEL Chapter 1 C.S.C. Part 36 -- Interim Procedures Governing Fair Employment Practices' Under Pursuant to Executive Order 9980 the Conunisson e d' th 11 t , p ing a es ab- lishment of the Fair Employment Board authorized therein, hereby prescribes tthP fol I nwi vier -; v,+n,..4.., . ,.,..,.a.... - - . - t of Tying vu b Executive Order 9980. (b) The Fair Ern loyment Officer may represent the head of the department or agency' atters pertaining to Fxac?+.; . nr?f - ootln ..._,._ ..~ Z r er he effective administrative operation of the department or agency and encour ae the car c epar me.nt or agency shall designate an official. thereof as Fair Employment Officer, and shall assign to him the duties and responsibilities which '1l +-,, -&1, t w 36.2 Fair Employment Officer. (a) ' The head of ea h d t p a o a pP J 1 departments and agencies in the executive branch of the Government end to all personnel actions with respect to positions therein. 36.1 Coverage. The regulations in this art shall 1 t l o nary or permanent basis, either a Fair Employment Officer, or3 a Fair emp. fnployment Board, for each regional or other appropriate field office or local establishment in accordance with the needs and problems of the agency in each field area. Such Fair Employment Officer or Fair Employ- ment Board shall be`appointed from among the officers and employees of the department or agency. (c) The head of each department or agency shall provide on a t (d) The head of each department or agency shall instruct 4. -1, ff i organizational unit in the local office where the alleged acts ofdis +y~ .LLan~ a 1 uj7nd.L or inzormat complaint either to the head of the VAL taken in the department or agency on grounds of a1 lecPri +4 (b) Any person having a complaint concerning a ersonnel +4 ca en ar days after the complainant learns of the alleged acts of discrimination* g s o a ege discrimination because of race, color, religion, or national origin shall. be made not later than 30 It d b 411P n s an appeals. (a) Complaints concerning personnel actions taken in any department or agency on round f 11 d 36.3 General procedures for handlin co In-1 t d air mployment Offz.cer or Board for that officee employees of the regional nation of the F or other appropriate field office of the desig E a g, P , n app - l cation of Executive Order 9980. He shall give notice to all officers and cers of his department or agency e o with regard to the meanie s t d i ~rQ~~~.for.~~~.~~,:,~..~~~1~~,~.~,t'~'~~~~~1~1.?~~...~~;:ti crirination occurred, or to the head of such local office, in order to obtain proper understanding and adjustment, if possible throw h means at this level of the department ' g such or agency. (c) Hearings on com laint or p s appeals concerning personnel a which it is 'alleged were taken p etions discrimination shall be conducted rstnt or agency on grounds of ne hep i t b within the regional office or other appropriate field office or loca se f t s a (d) The complainant shall h ave a further right of appeal, if desired, through successively higher appropriate agency cha r e com " -~ ' plain ~s, which are appealed beyond therhead of the local office involved shall' be in writing, and shall include a description of the specific action which is alleged to constitute the dis- crimination, together with evidence to sunnnr+. th .,,, e a ---Lvt:~:iua as well as heard in such manner as appears fair and appro priate t o the head of the department or agency, in consultation with the Fair Employment nt and the officers or employees against whom omplaintlisrmade shall psep resent their side of the case to the i v n estigator, ydio may require the complainant to further substantiate his complaint further sources of information.p by bringing in witnesses or indicating employees concerned to submit addiHe may also require tional information. the officers or (f) 'Whenever the Pair E pl m oyment Officer or Fair Employment finds that discrimination because of race, color, religion Board origin is established in connection with an d l a y personnel action he whall vise the head of the regional office or other appropriate office of department or agency. the (g) The head of the department or agency shall provide a i method for taking corrective administrative act n on cor - i incases where plaints appear, after investigation to be com- , justified. (1). Where appeal is made to the head of the department or a the complainant and other officers or emplo ee f g c~~ y s o the departxnent or agency involved in the complaint shall be afforded an opportunity to appear personally before the head of such agency, or a person desia_ sated by such head. Th * ,, --- A- . - . representative of his own choosinP_ -' ~+ `+G "' Desires, may have a (1) An appeal from an' u fa o n v rable decision by the head of the department or agency may be filed with the Fair Employment Board in the Civil Service Commission. 36.4 Discrimination alle d ge in connection .with other t appeals. (a) Where an appeal involving sect n I L .., .. ypes of o ed - ----s or eri-iciency rating includes also complaint of all , e colors religion, or national origin,, such ppal shall r f ds of race, catedin accordance with the Commission's regulati t a licab ns s u pp o hat are reg lar le in these types of appeals. The qu i3' st h e s ion all then be referred to the of discrimination further action as may be nece ssary under Executive Order 9980. H. B. Mitchell Approved For Release 2006/11/06: CIA-RDP81 00728R000100010016-5 u.7.U.S.C. Approved For Release 2006/11/06: CIA-RDP81-00728800010001001,6-5 CENTRAL INTELLIGENCE AGUC2 Washington 25, D. C., ADMINISTRATIVE INS NUMBER .SUBJECT: GRIEVANCES AND COMPLAINTS Paragraph 3d(1),q Admin? ;trative Instruction No dated 27 October 1918, is changed to read as follows : ands Deputy Executive for Inspection is designated as CIA Fair Employment Officer under the provision f E o xecutive Ode N8 rro. 990.11 FOR THE DIRECTOR OF CENTRAL INTELLIGENCE: u ve or Administration and Management DIS TRIBUTION: ALL CIA EMPLOYEES STATINTL Approved For ,Release 2006/11/06: CIA-RDP81-007288000100010016-5,, [PUBLIC LAW 600-79TH CONGRESS] [CHAPTER 744-2D SESSION] [H. R. 65331 AN ACT To authorize certain administrative expenses in the Government service, and for _CIA-RDP81-00728R000100010016-5 eT a 1116 Be it enacted by the Senate and House of Representatives of the United States 61 America in Congress assembled, That (a) under such regulations as the President may prescribe, any civilian officer or employee of the Government who, in the interest of the Govern- ment, is transferred from one official station to another, including transfer from one department to another, for permanent duty, shall, except as otherwise provided herein, when authorized, in the order directing the travel, by such subordinate official or officials of the department concerned as the head thereof may designate for the purpose, be allowed and paid from Government funds the expenses of travel of, himself and the expenses of transportation of his iinme- diate family. (or a commutation thereof in accordance with the Act of February 14, 1931) and the expenses of transportation. packing, crating, temporary storage, drayage, and unpacking of his household goods and personal effects (not to exceed seven thousand pounds if uncrated or eight thousand seven hundred and fifty pounds if crated or the equivalent thereof when transportation charges are based on cubic measurement) : Provided, That advances of funds may be made to the officer or employee in accordance with said regulations under the same safeguards as are required under the Subsistence Expense Act of 1926 (5 U. S. C. 828) Provided further, That the allowances herein authorized shall not be applicable to civilian employees of the War Department and their dependents when trans- ferred under the provisions of section 3 of the Act of June 5,1942 (50 U. S. C. 763), nor to officers and employees of the Foreign Serv- ice, Department of State: Provided further, That no part of such expenses (including those of officers and employees of the Foreign Service, Department of State) shall be allowed or paid from Gov- ernment funds where the transfer is made primarily for the con- venience or benefit of the officer or employee or at his request : Provided further, That. in case of transfer from one department to another such expenses shall be payable from the funds of the department to. which the' officer or employee is transferred. (b) In lieu of the payment of actual expenses. of transportation, packing, crating, temporary storage, drayage, and unpacking of household goods and personal effects, in the. case of such' transfers between points in continental United States, reimbursement shall be made to the officer or employee on a commuted basis (not to exceed the amount which would be allowable' for, the authorized weinht allow- ance) at such rates per one hundred pounds as may be fixed' by zones in regulations prescribed by the President. Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 (PUB. LAW Goo(. 2 (c) Funds available for travel expenses of civilian officers and employees shall also be available for the expenses of the transporta- tion of their immediate families, and funds available for the trans- portation of things shall also be available for the transportation of household goods and effects, as authorized by this Act. Sac. 2. The Act of October 10, 1940 (5 U. S. C. 73c-1), relating to allowances for the transportation of household Broods. section 5 o the Act of March 4, 1.923, as amended (19 U. S. 6. 48), relating to traveling and subsistence expenses of customs officers and employees, the first sentence of section 645 (a) of the Tariff Act of 1930 (19 U. S. C. 1645 (a)), relating to traveling and. subsistence expenses of the families of such officers and employees, and other Acts relating to allowances to civilian officers and employees in the executive branch of the Government (except those. mentioned in the second proviso clause of section 1 (a) of this Act) on transfer from one official station to another for permanent duty, are hereby repealed. SEc. 3. The Act of February 14, 1931 (5 U. S. C. 73a), as amended, is further amended to read as follows: "Civilian officers or employees or others rendering service to the Government shall, under regulations prescribed by the President, and unless otherwise provided in the appropriation concerned or other law, and whenever such mode of transportation is authorized or approved as more advantageous to the Government, be paid in lieu of. actual expenses of transportation not to exceed 2 cents per mile for the use of privately owned motorcycles or 5 cents per mile for the use of privately owned automobiles or airplanes when engaged in necessary travel on official trips from their designated posts of duty or places of service, or 2 cents per mile for the use of privately owned motorcycles .or 4 cents per mile for the use of privately owned automobiles when used on official business wholly within the limits of their official sta- tions or places of service. In addition to the mileage allowances pro- vided for in this section, there may be allowed reimlursement for the actual cost of ferry fares and bridge, road, and tunnel tolls." Szc. 4. Until June 30, 1948, when authorized in an appropriation or other Act, appropriations available for travel expenses shall be available for the payment, without regard to the rates authorized by the Subsistence Expense Act of 1926, as amended (5 U. S. C. 821- S33), of per diem allowances in lieu of subsistence expenses to civilian officers and employees of departments while traveling on official busi- ness outside continental United States and away from their desig- nated posts of duty: Provided, That the amount of such allowances shall be determined by the head of the department concerned or by such subordinates as he may designate for the purpose, but shall in' no case exceed the maximum established by regulations prescribed by the President for the locality in which the travel is performed. SEc. 5. Persons. in the Government service employed intermittently: as consultants or experts and receiving compensation on a per diem when actually employed basis may be allowed travel expenses while away from their homes or regular places of business, including per diem in lieu.of subsistence while at place of such employment, in accordance with the Standardized Government Travel Regulations, Subsistence Expense Act.of 1926, as amended (5 U. S. C. 821-833), and the Act of February 14, 1931, as amended by this Act, and per- sons serving without compensation or at $1 per annum may be allowed, Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 3 (Poi. Law C00.) while away from their homes or regular places of business, transporta- tion in accordance: with said regulations and said Act of February 14, 1931, as so amended, .and . not to exceed $10 per diem in lieu of sub- sistence en route and at place of such service or employment unless it higher rate is specifically provided in all appropriation or other Act. SLo. 6. Section 10 of the Act of March 3, 1933 (5 U. S. C. 73b), is hereby amended to read as follows: "Sx.?c. 10. Whenever by or under authority of law actual expenses for transportation may be allowed, such allowances shall not exceed the lowest first-class rate by the transportation facility used in such transportation unless it is certified, in accordance with regulations prescribed by the President, that lowest first-class accommodations are not available or that use c:2 a compartment or such other accomrnocla- tions as may be authorized or approved by the head of the agency con corned or such subordinates as he may designate, is required for pur-,_ poses of security." Sro. 7. Appropriations for the departments shall be available, in accordance.witlr regulations prescribed by the President, for expenses of travel of new appointees, expenses of transportation of their imme diate families and expenses of transportation of their household goods and personal effects from places of actual residence at time of appoint- nient to places of employment outside continental United States, and for such expenses on return of employees from their posts of duty outside continental United States to the l,'?~ of their actual residence at'time of assignment to duty outside tine United States: Provided, such expenses shall not be allowed new appointees unless and until the person selected for appointment shall agree in writing to remain in the Government service for the twelve months following his appoint- ment, unless separated 'for reasons beyond his control.. In case of a violation of such agreement any moneys expended by the United States on account of such travel and transortation shall be considered as a debt due by the individual concerned' to the United States. This sec- tion shall not apply to appropriations for the Foreign Service, State Department. S..uc. 8. Iii purchasing motor-propelled or animal-drawn vehicles or tractors;, or road, agricultural, manufacturing, orlaboratory'equip ment, or boats, or parts, accessories, tires, or equipment thereof, or any other article or item the exchange of which is authorized by. law, the head of any department or his duly authorized representative may exchange or sell similar items and apply the exchange allowances or proceeds of sales in such cases in who. a or in part payment therefor : Provided, That any transaction carried out under the authority of this section shall be evidenced in"Evriting. SEc. 9. (a.) Section 3709 of the Revised Statutes of the United States is hereby, amended to read as follows: "Unless otherwise provided in the appropriation concerned or other law, purchases and contracts for supplies or services for the Govern- ment may be made or entered into only after advertising a sufficient time previously for proposals, except (1) when the amount involved in ,any one case does not exceed $100, (2) when the public exigencies require `the immediate delivery of the articles or performance of the service, (3) when only one source of supplyy is available and the Gov- ernment purchasing or contracting officer shall so certify, or (4) when Approved For Release 2006/11/06: CIA-RDP81-007288000100010016-5 Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 authorized by section 29 0 le p U. S. C. App. 1638), (2) when, otherwise autlloriredrbycla,v+. osceca anct are ka) u)` u L-1111-1- .~..~ ,._ _ . _ Government. supervision and paid for on it time basis. Except (1) as f 11Sur lux Property Act of 1944 (50 the services are required to be performed by the contractor n person ; ,,100, sa es aiic ,, by the requirements of this section for advertisin otint, l??,,;icnrl .4ntut'.es. in other law when tile reasonaurn value 11LvUlyC1a .-, ..--~ 1 1 contracts of sale by the Government shall be governed Sac. 10. w henever a depai t.1nen 1s . a6aid hearings, ings and to subpeiia witnesses for appearance shallbeentitled to (C) li1 the ,CUatl V.L u nw, j section shall apply to their administrative transactions only. t luthorizecl by law to hold hear- (D) JiXCI I II)LIVI1I LLV11L DIV -a . ~. in amounts of $100 or less ?are hereby repealed,,,,, I.~~,~rn ations. this f t in him by section 3033 O -L to direct [he purchase of articles f 9oQi Qc tinges tt ~i? t ss (44 (3) the IT. S. C. istration of personnel under 111s clepal men , l R vised Statutes (31 U. S. C. 675) matters pertaining to the eulp oymei , , t t ? (Q the ?L jtllority vested? , m officials (1) the Power vestec 1n 1 y 1 it 1u?ection and general adiiiin- SEc. 12. The head of ally c epal to talce final action on b ? la 1 1 i "No advance of Pit s m authorized by the appropriation concerned or other law." 1 tment nmv delegate to subordinate (31 U. S. C. 529) is hereby amended to r ea as I'll one shall be made in any case unless Si o?11. The first sentence of section ou'x8 0 1e d follows in the United States courts. f fl Revised statutes nesses summoned Lo aiiu iaLL511lLIJ.S . .. .? ??- the same fees and mileage, or expenses ~ the ? wcase of itnesses oattending civilian officers and employees (or o 1-1_1_ _..n ,.-1P in ;?mnrovemellt or, economy in the and regulations as the Plesic en y 1 , t their estates) who make meritori- personnel in the peri:ormallee VA L11G-L alUy-g- --- Sim, 14. The head of,each department is authorized, under such rifles 1 t ma irescribe to pay cash awards to L and material or equipments 1a o 1 _ . ___-:_._, n?cl Pn?irnnent for the protection of Src. 13. Appropriations aval nilable for the purchase and 1 11 11 posals. ;itible for the procurement of supplies authority vesteal IIL 111111 IJy --- - 7 - 324), to authorize the publication of advertisements, notices or pro- tional or mer>torious service . ggestion which represents ti part to any officer or emliloyee_for 14y su11+;na nf his 11051x1011. With the and to incur necessary ei.penses ? Fir vided That no award shall be pawl operations O1 11iS CICI)IL1Llllcuo w+.,. ... oid of excep- for tha hon . orary recogniti exception of the war aiu avy 1 I paid during award shall not exceed $1,000 and the total of nncash nl awards of the normal reg irculul1La V, ~?,~ ~- - 1 N De artinents the amount of any one use bythe United States of t 1e stlgges s be"in addition to the regular compen acceptance of such cash award shall constitute an agreement that the gn tion for which the award is made e ing as the head of the departmen etion of the recipient and ;the d fiting or maybe distribute among app P termines A cash. award shall t l any fiscal year in any ae1)a,.-L1w LL .71+- --- ~?. - , . may be made from the appropriation for the activity primarily bene- ro riat>onsforactivities benefit, Approved For Release 2006/11/06: CIA-RDP81-00728R0001,00010016-5 Approved For Release 200 - 010016-5 5 (PuB. LAW 600.1 shall not form the basis of it, further claim of any, nature upon the United States by him, his heirs or assigns. All other Acts or parts of Acts in conflict with the provisions of this section are hereby repealed. Sic. 15. The head of any department, when authorized in an appropriation or other Act, may procure the temporary (not in excess of one year) or intermittent services of experts or consultants or organizations thereof, including stenographic reporting services, by contract, and in such cases such service shall be without regard to the civil-service and classification laws (but as to agencies subject to the Classification Act at ratites not in excess of the per diem equivalent of the highest rate payable under the Classification Act, unless other rates are specifically provided in the appropriation or other law) and, except in the case of stenographic reporting services by organi- zations, without regard to section 3709, Revised Statutes, as amended by this Act. Scc.16. (a) Section 5 of the Act of July 16, 1914 (5 U. S. C. 78), is amended to read as follows: "Src. 5.? (a) Unless specifically authorized by the appropriation concerned or other law, no appropriation shall be expended to pur- chase or hire passenger motor vehicles for any branch of the Gov- ernment other than those for the use of the President of the United States, the secretaries to the President, or the heads of the executive departments enumerated ii i5 U. S. C. 1. "(b) Excepting appropriations for the Military and Naval Estab- lishments, no appropriation shall be available for the purchase, main- tenance, or operation of any aircraft unless specific authority for the. purchase, maintenance, or operation thereof has been or is provided in such appropriation. "(c) Unless otherwise specificaally provided no appropriation available for any department shall Abe expended- "(1) to purchase any passenger motor vehicle (exclusive of busses, ambulances, and station wagons), at a cost, completely equipped for operation, and including the value of any vehicle exchanged, in excess of the maximum price therefor, if any, established pursuant to law by it Government agency and in no event more than such amount as may be specified in an appro- priation or other Act, which shall be in addition to the amount required-for transportation; ernment-owned passenger motor vehicle or aircraft not used exclusively for official purposes; and `off'icial purposes' shall not include the transportation of officers and employees between their domiciles and places of employment, except in cases of medical officers on out-patient medical service and except in cases of officers and employees engaged. in field work the char- acter. of whose ditties. makes such transportation necessary and then only ,as to such latter. cases when the same is approved by the head of the department concerned. Any officer or employee any 'Government-owned 'p assenger motor vehicle or aircraft, or of any passenger; motor vehicle or 'aircraft leased by the, Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 Approved For Release - 100010016-5 (Pun. Law 600.) 6 actions only), and the governmena-of the District of Columbia, but owned Government corporations (the transactions of which corpora- tions, shall ,be subject to the authorizations and limitations of this newspaper published and printed in the District of Columbia unless the supplies or labor covered by such advertisement are to be fur- nished or performed in said District of Columbia" is hereby amended by adding at the end thereof "or in the adjoining counties of Maryland or Virginia". (c) That portion of the Act of June 23, 1906 (3 U. S. C. 43) read ing as follows: "not exceeding $25,000 per annum" is hereby amended to read, "not exceeding $40,000 per annum". SEc. 18. The word "department" as used in this Act shall be con- strued to include independent establishments, other agencies, wholly Stat.. 105), reading as follows: "and in.no case of advertisement for contracts for the public service shall the same. be published in any The Act of January 21,1881 (44 U. S. C. 323); Section 3 of the Act of March 15, 1898 (31 U. S. C. 678). (b) That portion.of the Act of July 31, 1876, (44 U. S. C. 321; 19 departmental service in the District of Columbia shall have con- spicuously imprinted thereon at all times the full name of the executive department or, other branch of the public service to which the same belong and in the service of which the same are used." Snc. 17. (a) The following statutes or parts of statutes are hereby repealed: Sections 1779 and 192, as' amended, of the Revised Statutes (5 U. S. C. 102) ; any agency by transfer from another department of the Government shall be considered as a purchase within the meaning hereof." (b) The second paragraph of section 3 of the Act of March 18, 1904 (33 Stat. 142; 5 U. S. C. 77), is hereby repealed. Section 4 of the Act of February 3, 1905 (33 Stat. 687; 5 U. S. C. 77, is hereby amended to read as follows `All motor vehicles acquired and used for official purposes of the "(e) The acquisition of aircraft or passenger motor, vehicles by passenger motor vehicles or for purchase, maintenance, or operation of aircraft, specifying the sums required, the public purposes for which said conveyances are intended, the umber of currently owned conveyances to be continued in use, and the officials or employees by whom all of such conveyances are to be used. appropriations as are intended to be used for purchase or hire of years there shall be submitted in detail estimates for such necessary duty by the Bead of the department concerned, without com- pensation, for not less than one month, and shall be suspended for a longer period or summarily removed from office if circuni- stances warrant. The limitations of this paragraph shall not apply to any.motor vehicles or, aircraft for official use of the President, the heads of the executive departments enumerated in 5 U. S. C. 1, ambassadors, ministers, 'charges d'affaires, and other principal diplomatic and consular officials. "(d) In the budgets for the fiscal year 1948 and subsequent fiscal Government, for other than official purposes or otherwise vio- lates'the provisions of this paragraph sliall be suspended from Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 Approved For Release 2006/11/06: CIA-RDP81-0072 7[Pun. Lew 000.J shall not' include the, Senate, House of Representatives, or office of the Architect of the Capitol, or the officers or employees thereof. The words "continental United States" as used herein shall be con- strued to mean the forty-eight States and the District of Columbia. The word "Government' shall be construed to include the government of the District of Columbia. The word. "apliropriation" shall be construed as including funds made available by legislation under section 104 of the Government Corporation Control Act, approved December 6, 1945. SE:c. 19. Sections 1, 3, 4, 5, 7, 14, and 15 of this Act shall not apply to persons whose pay and allowances are established by the Pay Readjustment Act of 1942. Si:e. 20. Sections 1 and 2 of this. Act shall become effective on the first day of the third calendar month following the enactment hereof. Approved August 2, 1946. Approved For Release 2006/11/06: CIA-RDP81-00728R000100010016-5 or e ease 2006/11 CENTRY~L INTELLIGENCE AGENCY ""^I,- shin ;on 25, D. C, 16 November 19L8 ADi INISTFRATIVE IN "Y Nit Ii3EF SUBJECT: GRIEVANCES 'i!M CO.:PLAINTS paragraph 3d (l ), Jid!32ini trative Instruction 06 : CIA-RDP81-00728R000100010016-5 STATINTL 1 /A Au d, ted 27 October 1948, I;erputy Executive fur Inspection and Security, is desi;nated as CIA Fair*Employ.ient Officer under the -provision of Executive Order No . 9980'.1t FOR THE DIRECTOR. OF CE `TRi L IITTELLIGEA CE: Executive for ._dministration and 'Iana;:.,e?ient. DISTRIBUTION: ALL CI~i E:..iTLOYE'm STATINTL STATINTL STATINTL Approved?For Release 200611 1/06 CIA-RDP81- 007288000100010016-5 D is changed to read as follo--Ts :