The Foreign Service Journal, June 2012

J U N E 2 0 1 2 / F O R E I G N S E R V I C E J O U R N A L 27 provided inaccurate information and confusing and inad- equate responses, required lengthy processing times for requests, and demonstrated bureaucratic attitudes that ap- peared to be “obstructionist.” In 2010 the State Department announced that it was modernizing its compensation methodology and had in- creased the number of staff at HR/OE to 30. However the changes described in a November 2010 State maga- zine article about HR/OE titled “LE Staff Advocates” did not include the essential element: a channel for active em- bassy and LES input into the process. For many decades, the State Department has enjoyed a proud reputation as a fair and competitive employer of overseas staff. That reputation has now been seriously eroded, and conflicts with the objectives of President Barack Obama’s much-touted Open Government Direc- tive, which calls for an “unprecedented and sustained level of openness and accountability in every agency.” Left in the dark about employment decisions that di- rectly affect them, LES employees are experiencing mounting frustration. They wonder whether the FAM still has the force of law and if “prevailing practice” has any meaning when there is no accountability on compliance. IFSA: A Global Voice Though the two OIG reports heartened local employ- ees of U.S. diplomatic missions around the world, FSNs were disappointed that neither study called for involving local employees in the decision-making process. That oversight reflects the top-down, “let us fix that for you” at- titude Washington too often displays when it comes to LES management. Despite that cold shoulder, elected employee associa- tions at U.S. diplomatic posts had begun to speak out. By the time the 2007 OIG report appeared, many of those as- sociations were already comparing notes about experi- ences, policies and practices. They were eager to pursue discussions about the creation of an LES ombudsman and the issuance of a Locally Employed Staff Bill of Rights. Expanding their efforts, in 2009 LES committees from around the world joined forces to create the first global local employee group: the International Foreign Service Association. IFSA has elected a 13-member board made up of representatives from each region, and 78 local com- mittees have endorsed the following core objectives: • To protect the interests and the rights of the locally employed staff on a worldwide basis and to be a com- munication channel through which they can engage in a permanent dialogue with the foreign affairs agen- cies in Washington. • To represent employees who take deep pride in work- ing for United States government offices engaged in the front line of the effort to improve America’s bilat- eral and multilateral relationships with other nations around the world. It seeks to ensure that America’s foreign affairs agencies are exemplary in terms of sound administration, so that they enjoy the utmost credibility with staff and the public alike. • To improve staff morale, promote better working con- ditions, and strengthen the status of the locally em- ployed staff within the foreign affairs community. Outreach to State In November 2009, IFSA wrote to Ambassador Nancy Powell, then the director general of the Foreign Service, seeking her help in formalizing a working relationship be- tween IFSA and the Department of State: “We hope that in the future IFSA will play a represen- tative and advocacy role for LES similar to that which AFSA provides for Foreign Service officers. We realize that there are differences. We agree with the principle that LES compensation plans should be based on locally prevailing practice, and accept the resulting diversity in salaries and benefits around the world. “There are, however, a number of important manage- ment and structural issues related to overseas employment which are clearly of common concern to LES worldwide. LES seek a voice in decisions on global personnel policies and practices with a view to improving working conditions, increasing transparency, promoting FAM compliance and protecting basic rights in the workplace.” The State Department declined IFSA’s request on the basis that it was an attempt to establish a union. LES em- ployees were stunned at the dismissal of what they saw as a straightforward, constructive proposal. In a letter ex- plaining the decision, Bureau of Human Resources Deputy Assistant Secretary Robert Manzanares wrote that embassies must abide by the Vienna Convention on Diplo- matic Relations and its tenets, “which are applicable to the diplomatic missions of every nation in the world.” The application of the Vienna Convention to labor re- lations is a complex legal issue, which IFSA hopes to ex- plore further. It appears the restrictions are aimed at preventing host-nation unions from gaining jurisdiction F OCUS