C.F.R. » Title 22 » CHAPTER IX—FOREIGN SERVICE GRIEVANCE BOARD › PART 904—JURISDICTION AND PRELIMINARY DETERMINATIONS

22 C.F.R. § 904.2

Preliminary determinations

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(a) If an Agency, in its final review, has questioned whether a complaint constitutes a grievance, the Board will make a preliminary determination of its jurisdiction unless the Board concludes that resolution of the question of jurisdiction should be deferred until the Board has compiled a record of proceedings or held a hearing on the merits of the case.

(b) The Board may also make a preliminary determination on any question raised by a Party concerning the timeliness of a grievance, the election of other remedies under § 904.3, or any other issue whose resolution might avoid the necessity of further proceedings.

(c) Before making a preliminary determination under this section, the Board shall obtain the views of the other parties and transmit those views to all parties.

(d) Where an issue presented for preliminary determination under this section is contested by a party or would result in the termination of a case, a panel of three members of the Board shall decide the issue.

[50 FR 31355, Aug. 2, 1985, as amended at 56 FR 55459, Oct. 28, 1991]
Notes of Decisions
Cited in 2 cases, 1998–2020 · leading case: Bettucci v. United States, 14 F. Supp. 2d 45 (D.D.C. 1998).
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Bettucci v. United States, 14 F. Supp. 2d 45 (D.D.C. 1998). · cites it 2× “See 22 C.F.R. § 904.2 . 4 Bettucci has failed to set forth any evidence establishing that he was unaware of the grounds for the claims documented in the *53 grievance or unable to discover them through the exercise of reasonable diligence.”
Julie Beberman v. Sec'y United States Depart (3rd Cir. 2020). · cites it 2× “The Department sought a preliminary determination from the Board under 22 C.F.R. § 904.2 , which the Board construed as a motion to dismiss, and then granted.”
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