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THE FOREIGN SERVICE JOURNAL
|
DECEMBER 2012
57
AFSA NEWS
number of representatives
established for each
constituency. No member’s
name may appear on the
ballot for more than one
position.
2.
In order to be nominated,
a person must be a regular
member in good standing by
February 1, 2013, and remain
in good standing through
the election process and, if
elected, for his or her term of
ofce.
Section 1017(3) of
the Foreign Service Act
restricts
employees occupy-
ing certain positions in the
foreign afairs agencies from
participating in labor-man-
agement issues while serving
on the Governing Board.
Individuals who will be serv-
ing as management ofcials
and confdential employees,
as well as those serving in
positions that may raise a
confict of interest or appar-
ent confict of interest (as
defned below) when the new
board takes ofce on July 15,
2013, may not participate in
Governing Board discussion,
deliberations or decisions
which relate to collective
bargaining. They may partici-
pate in most other activities
of the AFSA Board related
to AFSA as an organization
and the Foreign Service as
a professional association.
The Foreign Service Act
also imposes a two-year, pre
and post AFSA “cooling of
period” on employees who
have or will occupy posi-
the purposes of paragraph
(1)(A)(ii) and paragraph (1)
(B), the term “management
ofcial” does not include - (A)
any chief of mission; (B) any
principal ofcer or deputy
principal ofcer; (C) any
administrative or person-
nel ofcer 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
State Department.
3.
Section 1002 (12),
22 USC 4102(12) of the
Foreign Service Act defnes
a
management ofcial
as an
individual who: is a chief of
mission or principal ofcer;
occupies a position of
comparable importance to
chief of mission or principal
ofcer; is serving as a deputy
to the foregoing positions;
is assigned to the Ofce
of the Inspector General;
or is engaged in labor
management relations or
the formulation of personnel
policies and programs of
a foreign afairs agency.
Section 1002 (6), 22 USC
4102(6) of the Act defnes
a
confdential employee
as
an employee who acts in a
confdential capacity with
respect to an individual who
formulates or carries out
management policies in
labor-management relations.
Employees who may have
a confict of interest or
potential confict of interest
include those who are
engaged in personnel work
in other than a purely clerical
capacity (for example,
employees assigned to non-
clerical positions within the
HR Bureau) and employees
(such as, employees
assigned to DS/ICI/CI and
DS/ICI/SID) engaged in
criminal or national security
investigations of other
employees or who audit
the work of individuals to
ensure that their functions
are discharged honestly
and with integrity (such as
employees assigned to OIG).
See Section 1012(1) and (2),
22 USC 4112(1) and (2) of
the Act. As discussed above,
the Act precludes these
categories of individuals
from participating in labor-
management issues while
serving on the Governing
Board.
4.
As noted above, the
Foreign Service Act also
places a two-year restriction
on the movement of Foreign
Service employees between
the AFSA Governing Board
and certain Washington-
based jobs in the foreign
afairs agencies. The pre-
AFSA restrictions: Any
individual who has served:
1) in a management position
in Washington in which
he or she has engaged
in labor-management
relations or the formulation
of personnel policies
tions within their agency that
require them to engage in
labor management relations
or the formulation of person-
nel policies and programs of
a foreign afairs agency.
Section 1017(e) of the
Act, 22 USC 4117(e) states:
Participation in labor
organizations restricted. (1)
Notwithstanding any other
provision of this subchap-
ter - (A) participation in the
management of a labor orga-
nization for purposes of col-
lective bargaining or acting
as a representative of a labor
organization for such pur-
poses is prohibited under this
subchapter - (i) on the part
of any management ofcial
or confdential employee; (ii)
on the part of any individual
who has served as a manage-
ment ofcial or confdential
employee during the preced-
ing two years; or (iii) on the
part of any other employee if
the participation or activity
would result in a confict of
interest or apparent con-
fict of interest or would
otherwise be incompatible
with law or with the ofcial
functions of such employee;
and (B) service as a manage-
ment ofcial or confdential
employee is prohibited on the
part of any individual having
participated in the manage-
ment of a labor organization
for purposes of collective
bargaining or having acted
as a representative of a labor
organization during the
preceding two years. (2) For
Board, continued on page 58
Board, continued from page 49