INTRODUCTION

The following is a database "library" or repository of the basic agreement between AFSA Commerce and the Department of Commerce and all subsequent Memoranda of Understanding (MOU) which modified or added to the basic framework agreement. The table of contents below lists all items by subject and date.

It was put together in October-December 2005 by then-VP Donald Businger, who assumes responsibility for any errors or omissions and appreciates any feedback from members.

N.B. In some cases (often marked or obvious) materials other than the MOUs themselves have been included because of valuable context, e.g., emails from the Deputy DG or others. It should also be noted that almost all recent MOUs have been posted by OFSHR on the CS Intranet (OurPlace) under FS Human Resources, either under Collective Bargaining or under Policies.

TABLE OF CONTENTS

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• Collective Bargaining Agreement (CBA) dated December 3, 1996 (PDF) – This is the basic agreement between AFSA and The Department Of Commerce, also known as the framework agreement
• MOU amending to CBA to expand the AFSA VP official time to 50% from 25%, etc. dated April 1999 (PDF)
• MOU on assignment and tour of duty policies dated January 2001 approved August 16/17, 2001 (PDF) – additional time-off for packing & unpacking, TDY per diem reimbursements, and PCS for language training longer than 24 weeks; also management extension of home leave up to 25 work days on U.S. assignments
• MOU amending the timelines for AFSA and management bargaining & responses under the ground rules for negotiation and revising the article referencing the DAO on sexual discrimination dated July 2001 (PDF)
• MOU on home leave usage allowing extended (45 days) of home leave in certain situations dated August 2002 (PDF)
• MOU on changes to the commissioning and tenure (C&T) policy and precepts dated June 4, 2001, approved by the Department effective November 14, 2002, and announced by the dg December 4, 2002 (PDF). This MOU addressed in part C&T changes needed to accommodate the so-called integration initiatives, which involved placing FCSO's in domestic export assistance centers
• MOU establishing the FCS service need differential (SND) policy dated November 2002 (PDF)
• MOU allowing AFSA comment on proposed selection board members; allowing TDY option instead of PCS for long-term full-time language training of more than 6 months but less than 1 year; allowing AFSA comment on proposed C&T board members; and calling for further discussions on the maintenance of hard language skills while advancing with the long term language pilot training program (allowed training outside Wash. DC area) dated June 18, 2003 (PDF)
• MOU on the revised management planning and performance appraisal system (MPPAS) and precepts dated August 7, 2003 and announced January 2004 for the performance cycle beginning June 2004 (Document 1, Document 2, Document 3)
• MOU on assignment and tours of duty policy dated May 2004 and approved by Department June 2004 (PDF)
• MOU on post closures and position gapping/abolishment dated October 2004 (PDF)
• Multiple MOU's signed June 2, 2005 and approved June 29, 2005 (PDF) on: the alternative dispute resolution pilot addressing the mediation of performance appraisal disputes [as an alternative to grievances]; the provision on the number of promotion opportunities determined by the DG prior to the boards being provided in a sealed envelope to the AFSA VP to enhance transparency of the promotion process; the language maintenance incentive (calling for monetary rewards) for certain category a languages during periods of assignment other than the country where spoken; the need for work plan review by the DAS/ODO in cases of disagreement between FCSO's and raters/reviewers for domestically [ODO]-assigned FCSO's, also the need to ensure training of [civil service] raters/reviewers in ODO involved in the work plan and appraisal process for such FCSO's
• MOU signed August 2005 allowing performance awards only for officers and senior officers in certain tic situations (PDF)
• MOU signed May 2007 Amending and Clarifying Time-in-Class Provisions for AFSA VP and Rep and for Certain FS-1s (PDF)
• MOU signed May 2007 Allowing Language Testing for Incentive Pay at DLS (PDF)
• MOU on Paperless Statements on Earnings and Leave, Signed Oct. 4, 2010 (PDF)
• MOU on Full Time AFSA VP, Signed Oct. 2, 2012 (PDF)
• 2021 Assignments Policy Amendments (PDF)
• MOU between FCS and AFSA, November 2022 (PDF)