Defending and Advising Members Member Advocacy Providing legal counseling and representation to members has long been one of AFSA’s top priorities. One third of AFSA’s staff and $2 million of its annual budget are dedicated to individual member advocacy. AFSA’s labor management team at the State Department and USAID comprises seven attorneys and four non-attorney counselors who assist more than 1,600 individual active-duty members per year from all Foreign Service agencies. In addition, AFSA’s retiree counselor assists more than 450 retired members each year. Assistance varies from answering simple questions to dedicating scores of hours providing legal advice and representation. AFSA’s labor management team assists members with grievances, investigations, disciplinary actions, and Equal Employment Opportunity complaints. They assist members who have questions about their federal benefits or about rules and procedures relating to medical clearances, performance evaluations, transportation, leave, and a host of other day-to-day issues connected to their Foreign Service employment. They represent members in interviews with Diplomatic Security, the Office of Inspector General, and the Office of Civil Rights. And they represent members before the Foreign Service Grievance Board, Security Appeals Panel, Accountability Review Boards, and in agency disciplinary proceedings. AFSA seeks to ensure that members are afforded a fair and effective system for the resolution of individual grievances, one that provides the fullest measure of due process. When members are proposed for discipline, AFSA works to ensure that the agency has met its burden of proof to establish the facts and that any penalties imposed are consistent with those previously imposed on other employees for engaging in similar conduct. If the legal matter is outside the expertise of AFSA’s attorneys and the issue is of institutional importance to the Foreign Service, the member may seek financial assistance from AFSA’s Legal Defense Fund (LDF). When 12 AFSA members were called to testify during the 2019 Trump impeachment hearings, the LDF paid $468,000 in private attorney fees to help save our colleagues from the severe financial hardship of paying for their own representation. In addition to one-on-one assistance to individual members, AFSA takes on cohort grievances affecting groups of employees. For example, AFSA helped win retroactive meritorious step increases (MSIs) for more than 1,000 State Department employees, and got 49 Diplomatic Security agents the overtime pay they deserved. AFSA attorneys also file implementation disputes and unfair labor practices when Foreign Service agencies violate a collective bargaining agreement. AFSA’s labor management team negotiates with agency management to improve conditions of service. As the exclusive representative of the Foreign Service, AFSA negotiates on behalf of all 16,000 Foreign Service members across six foreign affairs agencies, including employees who are not AFSA members. Excellent results over the decades include securing family-friendly reforms to the Special Needs Educational Allowance program, securing reforms to the State Department’s assignment restrictions program, and convincing the State Department to give employees administrative leave during the peak years of COVID-19. AFSA provides a wealth of written guidance to members on legal and federal benefits issues. The AFSA website’s Labor Management Guidance page (https://afsa.org/labormanagement-guidance) has nearly 50 documents and links, ranging from “EEO Investigation Guidance” to “Foreign Contact Reporting Requirements.” The Retirement Resources page (https://afsa.org/retirementresources) has nearly 100 documents and links on retirement issues. Every two months, AFSA’s Retirement Newsletter updates members on benefits issues. Each fall, AFSA provides free online access to the Consumers’ Checkbook Guide to Federal Health Plans to help members evaluate their health insurance options. In addition, throughout the year AFSA presents a variety of webinars to educate members on federal benefits issues. One recent webinar, “Retirement Planning 5 Years Out,” had 492 attendees. AFSA’s labor management team and retiree counselor stand ready to assist members with any question or problem related to their Foreign Service employment or federal benefits. They provide legal assistance and counseling free of charge to those who have been AFSA members for at least six months or since hiring if newly employed. The labor management office can be reached at afsa@state.gov and the retiree counselor at member@afsa.org. —John K. Naland n AFSA’s Good Works Each month during our centennial year, The Foreign Service Journal is profiling an AFSA program that advances the collective or individual interests of its members. This month we feature member advocacy. AFSA’S GOOD WORKS AFSA NEWS THE FOREIGN SERVICE JOURNAL | JUNE 2024 51
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