GRIEVANCES AND COMPLAINTS PROCEDURE
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP81-00728R000100010016-5
Release Decision:
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
File:
Attachment | Size |
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Body:
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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EFFECTIVE UNTIL 1 JUNE 1947 UNLESS SOONER RESCINDED v-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
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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,
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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
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-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
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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
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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
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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
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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
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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.
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(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.
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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
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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
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(a)'''One member named by the employee making the appeal.
(b)' One. member named by the Assistant Director or Staff
Chief concerned.
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(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.
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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'
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e ease 6/11/06 CIA-RDP81-00728R000100010016-5
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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
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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.
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employee he may request a hearing beforean impartial Advisory Appeal
Board to be constituted from among CIA employees as indicated below:
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(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.
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(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
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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
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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
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Q R000100010016-5
27 Do camber 1949`
STATINTL
STATINTL
doted 27 'October '1918
4. dated 16, November 1948
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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..
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(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
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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
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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
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(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.
;
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(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
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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
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(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
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STATINTL
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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
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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 $t loo t days
dim 'wi2i tea car *U'vO or c i"iPUWrV ticn or ;, acod
cd~atiart through either action fail .
to, the of antic ma cemary in agaiee imrov-iaag actual ftnar1 ain
-,. .nvvw~a, +f~wk wr. Ana .rt,~4 U U1" LU 'f i3VU IW4~:t-' fJ, Q,f~.~ ~".
7be . ling or :a st , e or v Fair r io t? `iwr
rin ti ( to zwwv 462m, l c 2'fl
% Mob do not aatia ; + 1o ee a&Itbff the.a a"041 b
coaled Far icnt Bftrd in the Civil sir
03ton.
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vl11 g nt ed for a ua.i t vaa timo by 1,y CI amploy" it voly d.
haring roa t at the wT,2oM'u re.-Imabo w 1n not be
bom by
CX.Le a k > > ~ r r l e a v o . i ; o ff p a y , or o ahiz tiou of both
Utive or tho * ght . air em action with rat a at
c r~ it . la la t o right they will be ft" tit
0Crt
a> ~. a traa ij$; 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
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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.
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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
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(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
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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
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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
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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
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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
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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
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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
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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
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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.
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~ 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-
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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,
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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 .
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(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.
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nt
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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.
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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.
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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-
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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'
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.,
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~
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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
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u.7.U.S.C.
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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
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[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
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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.
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(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,
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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
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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,
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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,
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(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
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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.
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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
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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
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007288000100010016-5
D
is changed to read as follo--Ts :