64 JULY-AUGUST 2025 | THE FOREIGN SERVICE JOURNAL AFSA TERM REPORT FSGB also found that USAID violated the collectively bargained provisions of ADS 414 pertaining to the criteria for FSL appointments. The board ordered the agency, among other things, to adhere to the terms in ADS 414 in future appointments and to issue an agency notice announcing that it failed to consistently adhere to ADS 414 in 2019 and 2020. In FSGB No. 2023-020, the FSGB found that the Foreign Commercial Service (FCS) and AFSA had negotiated a uniform procedure for filling all Foreign Service vacancies, including positions that the agency alleged were outside the bargaining unit. The FSGB found the agency violated a 2021 Memorandum of Understanding (MOU) when it implemented a special bidding opportunity (SBO) process for certain headquarters positions, including deputy assistant secretary (DAS) and executive director (ED) positions. The agency claimed the positions were outside the bargaining unit, and therefore it had no duty to bargain with AFSA. The FSGB ordered FCS to issue a declaration, via agency notice, that the SBO process contravened the 2021 MOU and to comply with the 2021 MOU. The agency filed an appeal with the Foreign Service Labor Relations Board, which was denied. In a related case, AFSA filed a request for clarification of the bargaining unit with the Federal Labor Relations Authority, arguing the DAS and ED positions did not meet the statutory criteria to be excluded from the bargaining unit. The case was settled with the agency conceding that, based on the incumbents’ current duties, the positions were in the bargaining unit. During this Governing Board’s term, the foreign affairs agencies agreed to pay AFSA more than $100,000 in attorney fees for work performed by AFSA attorneys in the above cases in addition to a case where AFSA assisted a member who prevailed in her grievance. This money was put into the Legal Defense Fund. On Dec. 4, 2024, AFSA filed a class action lawsuit based on the State Department’s denial of Havana Act (HA) benefits on behalf of some members impacted by anomalous health incidents (AHI) who suffered traumatic brain injuries. We are challenging the department’s interpretation of “other incidents” under the HA to deny these employees benefits on the basis that their injuries were not connected to qualifying incidents, even though these employees were recognized by the department as AHI cases, received medical treatment at Walter Reed and other Centers of Excellence, and successfully filed worker’s compensation claims based on their injuries. Finance In the past two years, AFSA has seen a 20 percent increase in revenue from $6.08 million to $7.3 million. This increase is mostly the result of successful membership recruitment. Dues revenue has increased by 17 percent, which comes to about $800,000 a year. Advertising revenue continues to maintain a revenue flow of about $550,000 annually. Our $17.3 million investment portfolio continues to maintain growth. AFSA’s financial reserves at the end of 2024 were as follows: Operating Reserve $3,229,725 Scholarship Fund $12,800,207 Legal Defense Fund $413,596 FAD Operating Reserve $384,624 Sinclaire Fund $529,450 TOTAL INVESTMENT $17,357,602 AFSA’s total operating expenses increased by 17 percent from $6.5 million to $7.5 million. The Finance Committee is reviewing our current situation and plans to react as necessary and suggest possible adjustments to the incoming board. Office of the General Counsel In 2024 AFSA’s Office of Labor Management changed its name to the Office of the General Counsel (OGC) to better reflect the breadth of issues it handles. The 10 staff members of OGC provide support to the AFSA president, vice presidents, and representatives of the six foreign affairs agencies we represent as well as to our approximately 18,000 members on myriad issues relating to conditions of Foreign Service employment. During this term, the Foreign Service Grievance Board (FSGB) ruled in AFSA’s favor in two implementation disputes. In FSGB No. 2020-049, the FSGB agreed with AFSA that the U.S. Agency for International Development violated a 2017 memorandum of understanding relating to Foreign Service Limited (FSL) appointments when it failed to respond to AFSA’s comments and questions regarding certain appointments. The
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