The Foreign Service Journal, June 2016

58 JUNE 2016 | THE FOREIGN SERVICE JOURNAL AFSA NEWS AFSAWins MSI Dispute AFSA is pleased to announce that, on April 20, the Foreign Service Labor Relations Board upheld the decision of the Foreign Service Griev- ance Board in the imple- mentation dispute AFSA filed regarding the State Department’s nonpayment of 2013 Meritorious Service Increases. This dispute, which has been ongoing since 2014, originated in the State Department’s failure to award the monetary portion of the MSIs to 554 State Foreign Service employees who were recommended for MSIs by the 2013 Selection Boards. The FSLRB decision orders the department to make those 2013 MSI pay- ments retroactively, with interest. A Long Process AFSA first filed an imple- mentation dispute with the State Department in May 2014; it was denied the fol- lowing month. Subsequently, AFSA filed an appeal with the FSGB, and the appeal was decided in AFSA’s favor in September 2015. The department filed exceptions (i.e., an appeal) to the FSLRB in October 2015, and AFSA responded to those exceptions in a 35-page brief outlining our position. On April 20, the FSLRB denied the department’s exceptions, with no further appeals avail- able. For a full account of the background to this impor- tant issue, see AFSA General Counsel Sharon Papp’s article in the December 2015 AFSA News. The FSLRB decision makes clear that the depart- ment is legally required to pay 554 employees their 2013 MSIs—including inter- est. The mechanism for delivering the payments has yet to be confirmed. “I would like to recognize the tireless efforts not only of the 2013-2015 AFSA Govern- ing Board and its leadership,” says AFSA State VP Angie Bryan, “but also of AFSA General Counsel Sharon Papp, AFSA attorney Raeka Safai and their colleagues James Yorke, Zlatana Badrich and Lindsey Botts. A special thank you as well goes to AFSA Retiree VP Ambassador (ret.) Tom Boyatt, who pro- vided valuable input as they prepared their case.” Two More Cases In 2014 and 2015, the department paid MSIs to only five percent of employ- ees recommended by the Selection Boards, even though AFSA’s collective bargaining agreement with the department provides for up to 10 percent. AFSA has filed implemen- tation disputes in both of those cases. The 2014 MSI case is currently pending with the FSGB, and AFSA recently filed an appeal with the FSGB regarding the department’s denial of the 2015 MSI case. We will keep you updated on those decisions as soon as they are known. n —Gemma Dvorak, Associate Editor Ambassador (ret.) Tom Boyatt, General Counsel Sharon Papp and Staff Attorney Raeka Safai. AFSA/JENNIEORLOFF Thank You,Wisconsin! The Badger State delivered a victory for Foreign Service members earlier this year when Assembly Bill 370 became Act 323. AFSA is proud to have endorsed this member- driven initiative to expand some of the exceptions relat- ing to vehicle registration renewals and driver license renewals to apply to active- duty Foreign Service mem- bers. These exceptions are currently made for active- duty military personnel. AFSA thanks the bill’s author, State Representa- tive Scott Krug, who worke d closely with his constituent, AFSA member Brian Riese, to make this happen. If you have a similar issue in your state of residence and feel ready to advocate for the Foreign Service, send us an email at advocacy@ afsa.org with the subject line “State Issues.” n