The Foreign Service Journal, December 2014

52 DECEMBER 2014 | THE FOREIGN SERVICE JOURNAL AFSA NEWS 2. All nominations must be submitted in writing by letter, cable, fax or email. To be valid, they must, without exception, be received at this address no later than 5 p.m. on February 2, 2015. All written nominations must be addressed to the AFSA Elections Committee, 2101 E Street N.W., Washington, D.C., 20037. Members overseas can send “AFSA Channel” cables marked for delivery to the AFSA Elections Committee. Email nominations can be sent to election@afsa.org . Faxed nomina- tions can be sent to (202) 338-8244. 3. Nominations must be accompanied by evidence of eligi- bility (i.e., dues paid as of February 2, 2015). 4. Nominations may be submitted individually or in slates. To qualify as a slate, a proposed slate must have a minimum of four candidates from at least two constituencies. Slate designations will be noted on the ballot. Qualifications for Governing Board Membership. Indi- viduals meeting the following qualifications are eligible for nomination to one of the available positions: 1. The individual must be an AFSA regular member in good standing by February 2, 2015, and remain in good standing through the election process and, if elected, for his or her term of ožce. 2. The individual must not have a conflict of interest as defined in Section 1017(e) of the Foreign Service Act. Please see the “Conflicts of Interest” section below for more informa- tion. Conflicts of Interest. Section 1017(e) of the Foreign Ser- vice Act restricts employees serving in certain positions within their agencies from participating in labor-management issues while serving on the Governing Board. Management ožcials and confidential employees, as well as those in positions that may raise or appear to raise a conflict of interest (as defined below) when the new Governing Board takes ožce on July 15, may not participate in Governing Board discussion, delibera- tions or decisions relating to labor-management issues. They may participate in AFSA Board activities that do not relate to labor-management issues. The Foreign Service Act also imposes a two-year pre- and post-AFSA “cooling o’” period on employees who occupied or will occupy positions within their agency that involve labor-management relations or the formulation of personnel policies and programs of a foreign a’airs agency. a. Section 1017(e) of the Act, 22 USC 4117(e) states: “Par- ticipation in labor organizations restricted. (1) Notwithstand- ing any other provision of this subchapter—(A) participation in the management of a labor organization for purposes of collective bargaining or acting as a representative of a labor organization for such purposes is prohibited under this subchapter - (i) on the part of any management ožcial or confidential employee; (ii) on the part of any individual who has served as a management ožcial or confidential employee during the preceding two years; or (iii) on the part of any other employee if the participation or activity would result in a con- flict of interest or apparent conflict of interest or would oth- erwise be incompatible with law or with the ožcial functions of such employee; and (B) service as a management ožcial or confidential employee is prohibited on the part of any individual having participated in the management 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 the purposes of paragraph (1)(A) (ii) and paragraph (1)(B), the term ‘management ožcial’ does not include - (A) any chief of mission; (B) any principal ožcer or deputy principal ožcer; (C) any administrative or person- nel ožcer 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 Department.” b. Section 1002 (12), 22 USC 4102(12) of the Foreign Ser- vice Act defines a management ocial as “an individual who: is a chief of mission or principal ožcer; occupies a position of comparable importance to chief of mission or principal ožcer; is serving as a deputy to the foregoing positions; is assigned to the Ožce of the Inspector General; or is engaged in labor-management relations or the formulation of person- nel policies and programs of a foreign a’airs agency.” c. Section 1002 (6), 22 USC 4102(6) of the Act defines a confidential employee as “an employee who acts in a confi- dential capacity with respect to an individual who formulates or e’ectuates 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 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 DS investigative units or those assigned to the OIG). See Section 1012(1) and (2), 22 USC 4112(1) and (2) of the Foreign Service Act. As discussed above, the Foreign Service Act precludes these categories of individuals from participating in labor- management issues while serving on the Governing Board. The Foreign Service Act also imposes a two-year pre and post “cooling o’ period” which restricts the movement of For- eign Service employees between certain positions on the AFSA Governing Board and certainWashington-based positions. Call for Nominations • Continued from page 41