The Foreign Service Journal, January-February 2019

64 JANUARY-FEBRUARY 2019 | THE FOREIGN SERVICE JOURNAL AFSA NEWS Channel” cables marked for delivery to the AFSA Elections Committee. Email nomina- tions can be sent to election@ afsa.org. Faxed nominations can be sent to (202) 338- 8244. 3. 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 Governing Board Membership. Indi- viduals meeting the following qualifications are eligible for nomination to one of the avail- able positions: 1. The individual must be an AFSA regular member in good standing by Feb. 1, 2019 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. Active duty members presenting themselves as candidate for president or constituency vice president must hold an active security clearance. Conflicts of Interest. Section 1017(e) of the Foreign Service Act restricts employees serv- ing in certain positions within their agencies frompartici- pating in labor-management issues while serving on the Governing Board. Manage- ment 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 newGoverning Board takes office on July 15, may not participate in Governing Board discussion, deliberations or decisions relating to labor- management issues. They may participate inAFSABoard 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 positions within their agency that involve labor- management relations or the formulation of personnel poli- cies 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) Notwith- standing any other provision of this subchapter (A) partici- pation in the management of a labor organization for pur- poses 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 manage- ment official 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 participation or activity would result in a conflict of interest or apparent conflict of interest or would otherwise be incompatible with law or with the official functions of such employee; and (B) service as a manage- ment official or confidential 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 pre- ceding two years. (2) For the purposes of paragraph (1)(A) (ii) and paragraph (1)(B), the term“management official” does not include (A) any chief of mission; (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 Act defines a management official as “an individual who: is a chief of mission or principal officer; 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 formula- tion 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-management relations.” Employees who may have a conflict of inter- est or potential conflict of interest include those who are “engaged in personnel work in other than a purely cleri- cal capacity” (for example, employees assigned to nonclerical positions within the HR Bureau) and “employ- ees engaged in criminal or national security investiga- tions 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 DS investigative units or those assigned to the OIG). See Section 1012(1) and (2), 22 USC 4112(1) and (2) of the Foreign Service Act. As discussed above, the Foreign Service Act precludes these categories of individuals from participating in labor- management issues while serving on the Governing Board. The Foreign Service Act also imposes a two-year pre- and post- “cooling-off period” which restricts the movement of Foreign Service employees between certain positions on the AFSAGoverning Board and certainWashington-based positions. • Pre-AFSA restrictions: Any individual who has served: 1) in a management position in Washington in which he or she has engaged in labor-manage- ment relations or the formula- tion of personnel policies and programs; or 2) as a confiden- tial employee to one of these management officials within two years prior to taking office in AFSA, is precluded from participating in labor-manage- ment issues while serving on the Governing Board. Call for Nominations Continued from p. 59