Comments/Notes on Hearing-Level Process & Procedures (Optional):
Although grievances come to the Board as appeals exhaustion of the agency's administrative process, the Board considers the evidence de novo and bases its decisions on the Record of Proceedings (ROP). (See FSGB 2013 Annual Report, p. 2)
If the Board finds that a grievance to be meritorious, it only has authority to issue final decision relating to certain enumerated remedies: correction of personnel records; reversal of an agency decision denying compensation; retaining in the foreign service an individual whose separation would be in consequence of the aggrieved action; reinstatement (with back pay, if applicable); attorney's fees; or other corrective action authorized by law. For other matters (i.e., promotion, tenure, or assignment of the grievant), the Board issues a recommended to the agency head. (See 22 CFR 16.13; 3 FAM 4455). The agency head has 30 days to issue a written decision. The agency head may only reject the Board's recommendation unless he/she finds that doing so would be contrary to law, adversely affect the foreign policy of security of the United States, or substantially impair the efficiency of the foreign service. If the agency head rejects the Board's recommendation in whole or in part, the decision must state the bases for such action.