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THE FOREIGN SERVICE JOURNAL

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JANUARY-FEBRUARY 2017

53

AFSA NEWS

able positions for which the

nominee is eligible.

The following require-

ments apply to nominations:

1.

No member may nomi-

nate more than one person

for each officer position or

more than the number of rep-

resentatives established for

each constituency. No mem-

ber’s name may appear on

the ballot for more than one

position. Each nomination

must indicate the position

for which the person is being

nominated. A nominee may

run for a position outside of

his or her constituency (e.g.,

a retiree position while on

active duty) as long as the

nominee will be a member of

that constituency by the time

the new Governing Board

takes office on July 15.

2.

All nominations must

be submitted by completing

the nomination form on the

AFSA website:

www.afsa.org/

nominationform. To be valid,

they must, without exception,

be received no later than 5

p.m. on February 1, 2017.

3.

Nominations must be

accompanied by evidence of

eligibility (i.e., no conflict of

interest as described below).

4.

Nominations may be

submitted individually or in

slates. To qualify as a slate, a

proposed slate must have a

minimum of four candidates

from at least two constituen-

cies. Slate designations will

be noted on the ballot.

Qualifications for Govern-

ing Board Membership.

Indi-

viduals meeting the following

qualifications are eligible

for nomination to one of the

available positions:

1. The individual must be

an AFSA regular member in

good standing by Feb. 1, 2017,

and remain in good standing

through the election process

and, if elected, for his or her

term of office.

2. The individual must not

have a conflict of interest as

defined in Section 1017(e)

of the Foreign Service Act.

Please see the “Conflicts of

Interest” section below for

more information.

3. The individual must

be resident in the Washing-

ton, D.C., area on July 15 as

described in Article V, Sec- tion 8 of the AFSA Bylaws.

Conflicts of Interest.

Sec-

tion 1017(e) of the Foreign

Service Act restricts employ-

ees serving in certain posi-

tions within their agencies

from participating in labor-

management issues while

serving on the Governing

Board.

Management officials

and confidential employees,

as well as those in positions

that may raise or appear to

raise a conflict of interest

(as defined below) when

the new Governing Board

takes office on July 15, may

not participate in Governing

Board discussions, delibera-

tions or decisions relating to

labor-management issues.

They may participate in AFSA

Board activities that do not

relate to labor-management

issues.

The Foreign Service Act

also imposes a two-year pre-

and post-AFSA “cooling off”

period on employees who

occupied or will occupy posi-

tions within their agency that

involve labor-management

relations or the formulation

of personnel policies and

programs of a foreign affairs

agency.

a.

Section 1017(e) of the

Act, 22 USC 4117(e) states:

“Participation in labor organi-

zations restricted.

(1) Notwithstanding any

other provision of this sub-

chapter—(A) participation in

the management of a labor

organization for purposes

of collective bargaining or

acting as a representative of

a labor organization for such

purposes is prohibited under

this subchapter: (i) on the

part of any management offi-

cial or confidential employee;

(ii) on the part of any

individual who has served

as a management official or

confidential employee during

the preceding two years; or

(iii) on the part of any other

employee if the participa-

tion or activity would result

in a conflict of interest or

apparent conflict of inter-

est or would otherwise be

incompatible with law or with

the official functions of such

employee, and—(B) service

as a management official

or confidential employee is

prohibited on the part of any

individual having participated

in the management of a labor

organization for purposes of

collective bargaining or hav-

ing acted as a representative

of a labor organization during

the preceding two years.

(2) For the purposes of

paragraph (1)(A)(ii) and para-

graph (1)(B), the term “man-

agement official” does not

include: (A) any chief of mis-

sion; (B) any principal officer

or deputy principal officer;

(C) any administrative or

personnel officer abroad; or

(D) any individual described

in section 4102(12)(B), (C),

or (D) of this title who is not

involved in the administration

of this subchapter or in the

formulation of the personnel

policies and programs of the

Department.”

b.

Section 1002 (12), 22

USC 4102(12) of the For-

eign Service Act defines a

management official as “an

individual who: is a chief of

mission or principal offi-

cer; occupies a position of

comparable importance to

chief of mission or principal

officer; is serving as a deputy

to the foregoing positions;

is assigned to the Office of

the Inspector General; or is

engaged in labor-manage-

ment relations or the formu-

lation of personnel policies

and programs of a foreign

affairs agency.”

c.

Section 1002 (6),

22 USC 4102(6) of the

Act defines a confidential

employee as “an employee

who acts in a confidential

capacity with respect to an

individual who formulates

or effectuates management

policies in labor-manage-

ment relations.”

Employees who may have

a conflict of interest or poten-

tial conflict of interest include

those who are “engaged in

personnel work in other than

a purely clerical capacity”

(for example, employees

assigned to non-clerical posi-