The Foreign Service Journal, May 2007

60 F OR E I GN S E R V I C E J OU R N A L / MA Y 2 0 0 7 A F S A N E W S CLASSIFIEDS Let’s Be Fair on Assignments A s Embassy SanSalvador’sAFSArepresentative, I have been collecting feedback on the director general’s proposals to change the rules governing fair-share bidding and contin- uous domestic service. That feedback canbe summedupas: “The department is changing the rules in the middle of the game.” Many at post believe it is patently unfair for theDGto change the rules retroactivelywithout any provision for grandfathering. Foreign Service members must be allowed to plan their careers and their lives. We have based our plans on the fair-share rules as they stand. How can we plan anything if the DG can at any time, for any reason, change the rules and apply them retroac- tively? What is to keep the department from changing this very same rule again next year, after another bidding cycle, to raise the fair-share level to 20 percent and apply it retroactively, wip- ing out the planning of all those who rely on the 15-percent rule this time around? Personnel relations area two-way street, andmanagementmust do its part. FS members should not be the only ones expected to plan prudently —State management should do so as well. Additionally, the “November 1 rule” for determining which service is considered fair-share is unfair: The proposednewrules state that “an employee would need to have served at least 20 months at a post with at least 15-percent combined differential during the previous eight years. ... Hardship differential levels for fair-share purposes would be calculated fromNov. 1 of the year the employee bid the position or Nov. 1 of the year the employee arrived at post, whichever is higher.” This unfairly prejudices officers whose post differential was raised to 15 percent or higher after they arrived. This is exactly what happened to Embassy El Salvador, which went from10 to 15 percent in January 2007. In fact, under theNovember 1 rule, it ispossible forForeignServicemembers tospendupto36months at a15-percent-differential post (if theyarrivedat post inDecember and the hardship was raised in January, for example), without receiving any credit for this service for fair-share purposes. That simplymakes no sense. Whether or not the new fair-share rules are applied retroactively, the way hardship differentials are cal- culated for fair-sharepurposes shouldnot ignorehowmuch time ForeignServicemembers and their families actually spendat post under hardship conditions. Bob Riley is counselor for public affairs at Embassy San Salvador. He wrote this article in his capacity as AFSA representative for his post. FS VOICE: AFSA MEMBER MATTERS BY ROBERT J. RILEY, AFSA REPRESENTATIVE, EMBASSY SAN SALVADOR LEGAL SERVICES TAX & FINANCIAL SERVICES LEGAL SERVICES ATTORNEY WITH 27 years’ successful experience SPECIALIZING FULL-TIME IN FS GRIEVANCES will more than double your chance of winning: 30% of grievants win before the Grievance Board; 85% of my clients win. Only a private attorney can ade- quately develop and present your case, including necessary regs, arcane legal doc- trines, precedents and rules. Call Bridget R. Mugane at Tel: (301) 596-0175. E-mail: fsatty@comcast.net Free initial consultation. EXPERIENCED ATTORNEYS REPRE- SENTING FS officers in grievances, perfor- mance, promotion and tenure, financial claims, discrimination and disciplinary actions. 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