The Foreign Service Journal, March 2012

42 F O R E I G N S E R V I C E J O U R N A L / M A R C H 2 0 1 2 regulations for domestic and overseas assignment travel, and we successfully protested these events. First, without con- sultation, the department introduced a requirement for a continued service agreement before employees could be is- sued travel orders to proceed to an overseas post. This is not required under the travel regulations, andAFSAwas success- ful in getting the requirement rescinded. We also successfully reversed a ruling under which the de- partment implemented a change to the rules that prevented the award of a residence transaction allowance to Foreign Service employees transferring domesti- cally. We also protested a decision to disal- low payment of per diem under some circumstances during the 10 days before de- parture for an overseas assignment. AFSA has expressed concern for a num- ber of years that the career paths for some Foreign Service specialists do not allow for professional development or provide reasonable promotion opportunities. While our initial concerns were over the diplo- matic courier skill code, others, such as security technical spe- cialists, are also affected. As a result of AFSA’s advocacy, the department has embarked on a thorough review of the 20 specialist skill codes. This includes a review of the career de- velopment path documentation for each skill code. We have pointed out the need to augment Foreign Serv- ice overseas staffing in several ways. As a result, the depart- ment has hired more security protective specialists (for personnel protection in high-threat countries) and consular specialists (to handle the burgeoning demand for non-im- migrant visas in China and Brazil) on Limited Non-Career Appointments. At the same time, the department is seeking to expand opportunities for Civil Service employees to gain developmental experience overseas. AFSA has expressed to management its concerns about the proliferation of such programs, and our strong opposition to any initiative that would harm the career Foreign Service. Simultaneously we are reaching out to these LNA employees who, for the duration of their limited appointments, are members of our bargaining unit. DS Concerns In late 2010, AFSA had filed an institutional grievance against the State Department when the Bureau of Diplomatic Security changed the conditions of employment for DS members without providing the requisite notice and an op- portunity toAFSA to bargain. Specifically,DS decided to stop paying LawEnforcement Availability Pay toDS agents whose credentials or clearance was temporarily suspended during an investigation, even though such agents had received LEAP in the past. As part of a settlement agreement, in early 2011, the parties met to discuss changes to the ForeignAffairsMan- ual, andDS agreed to come back toAFSAwith such changes. Unfortunately, we have heard nothing further from DS on the subject, and several agents have lost thousands of dollars due to delays in reinstating them to full duty. AFSA helped several of these agents file grievances. This matter illustrates a wider concern over the way DS has been dealing with other matters affecting agents who are re- moved from full duty. These include the lack of written procedures relating to sus- pension and reinstatement of an agent’s credentials and weapon, as well as the lack of procedures relating to an agent’s return to full duty. We have continued to press DS on these matters throughout 2011, and will redouble our efforts in 2012. IBB Practices During 2011, we protested the International Broadcasting Bureau’s practice of categorizing some overseas positions as Civil Service positions. This is not the practice in the State Department or in USAID and, while it may not be contrary to the letter of the law, it is clearly contrary to the sense of Congress, as expressed in the 1980 Foreign Service Act. We met with management to discuss our concerns, seeking agreement for the question of the categorization of overseas positions to be considered by the Board of the Foreign Serv- ice. The issue remains active. We did, however, sign off on the IBB’s revision of its Manual of Operations, 11 years after the IBB became an independent bureau. In previous years, we reported on the successful outcome of a grievance concerning the review for performance pay of newly promoted Senior Foreign Service members in 2007 and 2008. As a result, newly promoted SFS members will be reviewed for performance pay so long as they have an EER covering the period ending April 15, without regard for the date the president attested their promotions. In 2011, the calculations to recompense successful griev- ants for lost pay and interest were finally completed, with all of the 67 affected members fully compensated. Some 57 members received pay increases and a total of $515,000 in performance cash awards, and a further 11 members re- ceived a pay increase without a cash award. ANNUAL REPORT American Foreign Service Association 2011 A F S A N E W S As a result of AFSA’s advocacy, the department has embarked on a thorough review of the 20 specialist skill codes.