The Foreign Service Journal, September 2016

AFSA NEWS Sharon L. Papp AFSA/JOAQUINSOSA. THE FOREIGN SERVICE JOURNAL | SEPTEMBER 2016 63 Meet the AFSA Labor Management Team Who We Are AFSA is both a professional association and a labor union. While members tend to be familiar with the activi- ties of the professional side of AFSA (i.e., the Foreign Service Journal , the annual awards ceremony and out- reach to raise awareness and appreciation for the Foreign Service), they may not be as familiar with the work of AFSA’s labor management (LM) staff. The LM staff carries out AFSA’s union activities under the direction of the elected agency vice presidents (AFSA has elected VPs for State, USAID, Foreign Agricultural Service and Foreign Com- mercial Service) or elected agency representatives (with a current vacancy for the Broadcasting Board of Governors). The staff consists of five attorneys, two labor man- agement advisers and two support staff. Collectively, we have more than 100 years of experience at AFSA. What We Do The Foreign Service Act created a unique bargaining unit that includes supervisors and employees performing many different functions (e.g., political officers, doc- tors, information manage- ment specialists, diplomatic security agents and consular officers). As a union, AFSA has the legal right, as well as the legal responsibility, to act for and negotiate collective bargain- ing agreements covering all employees in the bargaining unit, regardless of whether they pay dues to AFSA. The vast majority of Foreign Service employees are members of the AFSA bargaining unit. Those who are not (for example ambas- sadors or deputy chiefs of mission) still benefit from the agreements AFSA has made with the various Foreign Ser- vice agencies; most agree- ments apply equally to all employees. For example, LM has nego- tiated procedural precepts for the selection boards, grievance and discipline regulations, and open assign- ment rules, which apply to all members of the Foreign Service. In addition to negotiating on behalf of all of the mem- bers of the Foreign Service, AFSA also assists individual members with a number of issues, including griev- ances; security clearance issues (including assignment restrictions); Diplomatic Security, Office of Inspector General and Office of Civil Rights investigations; dis- cipline cases; and Account- ability Review Board proceed- ings, to name a few. Because employees may hire a private attorney or represent themselves in such issues, only AFSA dues-pay- ing members are eligible for these types of LM services. Why We Do It Everyone is entitled to due process. One of the objectives of the Foreign Service Act is to ensure a “fair and effective system for the resolution of individual grievances that will ensure the fullest measure of due process for the members of the For- eign Service (empha- sis added).” According to AFSA’s bylaws , the most important purposes and objectives of AFSA are: “To further the interests and well- being of the members of the association” and “to repre- sent members of the Foreign Service of the United States, in accordance with Chapter 10 (Labor-Management Rela- tions) and 11 (Grievances) of the Foreign Service Act of 1980.” In its role as a labor union, AFSA negotiated the rules relating to how employees are counseled and how their performance is evaluated. It is the LM staff’s responsibility to “police” these agreements, ensuring they are honored for everyone, including employ- ees who did not meet perfor- mance requirements or who have engaged in misconduct. Similarly, the discipline regulations, which AFSA negotiated with the foreign affairs agencies, require the agencies to follow the precept of “similar penalty for like offense” and to take mitigat- ing factors into account when determining an appropriate penalty. If you have a grievance or other concern, AFSA’s LM staff may be able to assist you or contact the relevant agency on your behalf. Before contacting AFSA, we recom- mend that you attempt to resolve the problem infor- mally. If you have been unable to do so, contact AFSA’s LM team to see how we can assist you (www.afsa.org/ member-guidance). This is the first in a new series from the LM team. If there is any LM-related topic you would like more informa- tion about, please contact Associate Editor Gemma Dvorak (dvorak@afsa.org) . We will try to address your questions in a later column. n —Sharon L. Papp, General Counsel