The Foreign Service Journal, December 2012

THE FOREIGN SERVICE JOURNAL | DECEMBER 2012 57 AFSA NEWS number of representatives established for each constituency. No member’s name may appear on the ballot for more than one position. 2. In order to be nominated, a person must be a regular member in good standing by February 1, 2013, and remain in good standing through the election process and, if elected, for his or her term of office. Section 1017(3) of the Foreign Service Act restricts employees occupy- ing certain positions in the foreign affairs agencies from participating in labor-man- agement issues while serving on the Governing Board. Individuals who will be serv- ing as management officials and confidential employees, as well as those serving in positions that may raise a conflict of interest or appar- ent conflict of interest (as defined below) when the new board takes office on July 15, 2013, may not participate in Governing Board discussion, deliberations or decisions which relate to collective bargaining. They may partici- pate in most other activities of the AFSA Board related to AFSA as an organization and the Foreign Service as a professional association. The Foreign Service Act also imposes a two-year, pre and post AFSA “cooling off period” on employees who have or will occupy posi- the purposes of paragraph (1)(A)(ii) and paragraph (1) (B), the term “management official” does not include - (A) any chief of mission; (B) any principal officer or deputy principal officer; (C) any administrative or person- nel officer abroad; or (D) any individual described in section 4102(12)(B), (C), or (D) of this title who is not involved in the administration of this subchapter or in the formulation of the personnel policies and programs of the State Department. 3. Section 1002 (12), 22 USC 4102(12) of the Foreign Service Act defines a management official as an individual who: is a chief of mission or principal officer; occupies a position of comparable importance to chief of mission or principal officer; is serving as a deputy to the foregoing positions; is assigned to the Office of the Inspector General; or is engaged in labor management relations or the formulation of personnel policies and programs of a foreign affairs agency. Section 1002 (6), 22 USC 4102(6) of the Act defines a confidential employee as an employee who acts in a confidential capacity with respect to an individual who formulates or carries out management policies in labor-management relations. Employees who may have a conflict of interest or potential conflict of interest include those who are engaged in personnel work in other than a purely clerical capacity (for example, employees assigned to non- clerical positions within the HR Bureau) and employees (such as, employees assigned to DS/ICI/CI and DS/ICI/SID) engaged in criminal or national security investigations of other employees or who audit the work of individuals to ensure that their functions are discharged honestly and with integrity (such as employees assigned to OIG). See Section 1012(1) and (2), 22 USC 4112(1) and (2) of the Act. As discussed above, the Act precludes these categories of individuals from participating in labor- management issues while serving on the Governing Board. 4. As noted above, the Foreign Service Act also places a two-year restriction on the movement of Foreign Service employees between the AFSA Governing Board and certain Washington- based jobs in the foreign affairs agencies. The pre- AFSA restrictions: Any individual who has served: 1) in a management position in Washington in which he or she has engaged in labor-management relations or the formulation of personnel policies tions within their agency that require them to engage in labor management relations or the formulation of person- nel policies and programs of a foreign affairs agency. Section 1017(e) of the Act, 22 USC 4117(e) states: Participation in labor organizations restricted. (1) Notwithstanding any other provision of this subchap- ter - (A) participation in the management of a labor orga- nization for purposes of col- lective bargaining or acting as a representative of a labor organization for such pur- poses is prohibited under this subchapter - (i) on the part of any management official or confidential employee; (ii) on the part of any individual who has served as a manage- ment official or confidential employee during the preced- ing two years; or (iii) on the part of any other employee if the participation or activity would result in a conflict of interest or apparent con- flict of interest or would otherwise be incompatible with law or with the official functions of such employee; and (B) service as a manage- ment official or confidential employee is prohibited on the part of any individual having participated in the manage- ment of a labor organization for purposes of collective bargaining or having acted as a representative of a labor organization during the preceding two years. (2) For Board, continued on page 58 Board, continued from page 49