The Foreign Service Journal, December 2015

THE FOREIGN SERVICE JOURNAL | DECEMBER 2015 55 AFSA NEWS department denied the dispute. This move prompted AFSA to file an appeal with the Foreign Service Grievance Board on Aug. 5, 2014. On Sept. 3, 2015, the FSGB ruled in AFSA’s favor. The board found that the department’s discretion to award MSIs conferred by selection boards is not sole and exclusive, but is subject to collective bargaining with AFSA. It also found the following: • The parties’ consistent past practice demonstrated that the department always paid MSIs to those identified by the selection boards, up to the percentage cap in the precepts. • The new language in the 2013 precepts did not grant the department discretion to refuse retroactive payment of MSIs after OMB and OPM lifted the restrictions on awards. Foreign Service Labor Relations Board: As previously noted, the department filed exceptions to the FSGB’s decision with the Foreign Service Labor Relations Board. The FSLRB was established under the Foreign Service Act of 1980 to, among other things, review implementation disputes. The three members of the FSLRB are Chairperson Carol Waller Pope (who is also chairperson of the Federal Labor Relations Authority), Ambassador (ret.) Herman (Hank) Cohen and past Director of Labor Relations at the former United States Information Agency Stephen Ledford. 2014 MSI Dispute The 2013 implementation dispute is distinct from AFSA’s 2014 dispute, which AFSA filed when State implemented a 5-percent cap on the number of people who would receive MSIs, even though the precepts stated that the percentage cap was 10 percent. The department denied this dispute, arguing that the department had the discretion to either pay or not pay MSIs to whatever number of employees it chose. AFSA appealed to the Foreign Service Grievance Board in February 2015 arguing that—as the FSGB found in its decision in the 2013 MSI case— the department was bound by its past practice of paying MSIs to all of those employees rank ordered by the selection boards, up to the 10 percent cap that the parties agreed to in the precepts. This case continues to make its way through the FSGB process. 2015 MSIs On Oct. 1, State released the 2015 promotion list. In it, the department listed employees recognized by the 2015 selection boards “as demonstrating potential to serve at higher levels.” On Oct. 16, the department notified AFSA that it had established the appropriate level for conferral of MSIs at the rate of 5 percent of the competitive group. AFSA believes the department’s actions violate the 2015 precepts and plans to file a third implementation dispute. The 2015 procedural precepts require the department to pay MSIs up to the 10-percent cap specified in the precepts. n —Sharon Papp, General Counsel REMI NDER : NOMI NAT I ONS FOR EXEMPLARY PERFORMANCE AWARDS The American Foreign Service Association is now accepting nominations for its six awards recognizing exemplary performance. The Nelson B. Delavan Award recognizes the work of a Foreign Service Office Management Specialist. The M. Juanita Guess Award is conferred on a Community Liaison Office Coordinator who has demonstrated outstanding leadership. The Avis Bohlen Award honors the volunteer accomplishments of a family member of a Foreign Service employee at post. The Mark Palmer Award is granted to a member of the Foreign Service for distinguished achievement in advanc- ing democracy, freedom and governance during one or more assignments. The AFSA Achievement and Contributions to the Association Award is for active-duty and retired members of AFSA. The Post Rep of the Year Award is for the AFSA post representative who demonstrates sustained and successful engagement with AFSA membership at post. Recipients are presented with a monetary prize and are honored at a ceremony in June in the Benjamin Franklin Diplomatic Reception Room at the State Department. Deadline for nominations is Feb. 28, 2016. For details on the awards and to submit an online nomination, go to www.afsa.org/performance. Please contact Foreign Service Profession Awards Coordinator Perri Green at green@ afsa.org or (202) 719-9700 for more information. n NEWS BRIEF