3 FAH-1 H-5120
GUIDELINES FOR IMPLEMENTATION OF
CHAPTER 10 OF THE FOREIGN SERVICE ACT OF 1980, AS AMENDED, AT FOREIGN SERVICE
POSTS
(CT:POH-153; 06-22-2012)
(Office of Origin: HR/ER/WLD)
3 FAH-1 H-5121 AFSA REPRESENTATIVE AT
POST
(CT:POH-144; 09-17-2010)
(State Only)
(Applies to Foreign Service Personnel Only)
The American Foreign Service Association (AFSA) and the
Department have agreed that individual Foreign Service posts will be governed
by the following policy and guidelines for implementation of Chapter 10 of the
Foreign Service Act of 1980 (the Act), as amended.
3 FAH-1 H-5121.1 Certification of
Post Representative
(CT:POH-144; 09-17-2010)
(State Only)
(Applies to Foreign Service Personnel Only)
These guidelines become effective when:
(1) AFSA formally certifies the names of its official
representatives at each post to the Labor Management Negotiator (M/DGHR/PC/LM);
and
(2) M/DGHR/PC/LM notifies post management of the AFSA
certification and authorizes post management officials to deal with the
certified representatives in accordance with these guidelines.
3 FAH-1 H-5121.2 Multiple
Representatives
(TL:POH-27; 10-16-1996)
(State Only)
(Applies to Foreign Service Personnel Only)
a. In cases where AFSA certifies several
representatives, only the AFSA Chapter Chair or Vice Chair, or someone duly
designated to act in their absence, will be deemed authorized to request
discussions under the guidelines or authorized to speak for AFSA.
b. During a discussion, the AFSA Chair may authorize
other AFSA representatives to speak, but the post need not respond to requests
for discussion from anyone other than the Chair or Vice Chair or the person
acting in their absence.
3 FAH-1 H-5121.3 Termination
(CT:POH-144; 09-17-2010)
(State Only)
(Applies to Foreign Service Personnel Only)
a. Once certified, local AFSA representatives shall
remain certified until:
(1) AFSA officially notifies M/DGHR/PC/LM of their
replacement; or
(2) Their final departure from the post where
certified, whichever occurs first.
b. There shall be no absentee representatives sending
communications from other locations concerning matters discussed at a previous
post.
3 FAH-1 H-5122 SCOPE
3 FAH-1 H-5122.1 Nature of
Discussions
(TL:POH-27; 10-16-1996)
(State Only)
(Applies to Foreign Service Personnel Only)
Certified AFSA representatives have the right to meet with
the post's management officials regarding implementation of Department
personnel regulations and any agreement reached between AFSA and the Department
under Chapter 10 of the Act. At post management's option, AFSA representatives
may also raise for discussion with the post's management officials, matters
within the scope of Chapter 10 of the Act, which are entirely within the
discretion of the post's management.
3 FAH-1 H-5122.2 Limitations of
Discussions
(TL:POH-27; 10-16-1996)
(State Only)
(Applies to Foreign Service Personnel Only)
a. Collective discussions at individual posts are
intended to give the post's employees a collective voice in bringing to the
attention of post management the employees' views on their working conditions
at post. Discussion under the guidelines must be limited to matters within the
control of that post. Conditions of employment in the Foreign Service in
general are the concern of AFSA and the Department in Washington.
b. Collective discussions at individual posts may not
assume the character of formal negotiations; extend to employees at any other
post; be regarded as a precedent at any other individual post; or provide for a
written or signed "post agreement.
c. These guidelines are not intended to prevent a post
from introducing new, or from revising present, post policies and procedures,
except those which would be in conflict with the Department's regulations or
agreements between AFSA and the Department, without prior referral to the post
AFSA representative.
3 FAH-1 H-5123 MANDATORY DISCUSSIONS
(TL:POH-27; 10-16-1996)
(State Only)
(Applies to Foreign Service Personnel Only)
Post management is required to meet with certified AFSA
post representatives upon request regarding implementation of Department
personnel regulations and agency-wide labor management agreements reached
between the Department and AFSA in Washington.
3 FAH-1 H-5123.1 Initiating
Discussions
(TL:POH-27; 10-16-1996)
(State Only)
(Applies to Foreign Service Personnel Only)
Discussions concerning implementation at the post of
Department regulations or agreements reached between AFSA and the Department
may be initiated by either party. Requests for discussion of these issues
should be granted as soon as practicable.
3 FAH-1 H-5123.2 Participants
(TL:POH-27; 10-16-1996)
(State Only)
(Applies to Foreign Service Personnel Only)
a. It is suggested that not more than three AFSA
representatives at any one time participate in discussions under the
guidelines. There may be exceptions, particularly at large posts, where the
post may wish to allow all the certified representatives to be present.
b. It is recommended that post management be
represented by at least two persons, one of whom would be either the
administrative or personnel officer.
3 FAH-1 H-5123.3 Official Time
(TL:POH-27; 10-16-1996)
(State Only)
(Applies to Foreign Service Personnel Only)
AFSA post representatives may be granted a reasonable
amount of time in which to conduct discussions. These discussions should not
interfere with the performance of the local AFSA representative's official
duties. However, post management should not repeatedly refuse to meet with the
post AFSA representatives on the mere grounds that there are other official
duties to be performed. Discussions may also be held after official duty hours
if the press of official duties so dictates.
3 FAH-1 H-5123.4 Notification of
New or Revised Post Policy or Procedures
(CT:POH-144; 09-17-2010)
(State Only)
(Applies to Foreign Service Personnel Only)
If post management agrees with the AFSA representative
that a new or change of post policy or procedure is in order, post management
may not enter into an agreement with the AFSA representatives. Instead, post
management will unilaterally publish or circulate a corrected new or revised
post policy or procedure. The document should acknowledge that the policy
resulted from discussions with AFSA representatives. Copies of such new or
revised local policies or procedures must be sent by post management to the
Labor Management Negotiator (M/DGHR/PC/LM) and should be sent by the AFSA post
representative to AFSA/Washington for its information.
3 FAH-1 H-5123.5 Duration of Post
Policies and Procedures
(TL:POH-27; 10-16-1996)
(State Only)
(Applies to Foreign Service Personnel Only)
New or revised local policies or procedures reached under
these guidelines concerning implementation of appropriate Department
regulations or agreements reached between the Department and AFSA shall
continue until changed by mutual agreement of the post's management officials
and the local certified AFSA representative.
3 FAH-1 H-5123.6 Failure to Hold
Discussions or Reach Agreement
(CT:POH-144; 09-17-2010)
(State Only)
(Applies to Foreign Service Personnel Only)
If post management officials refuse to meet with the post
AFSA representative, or if the parties cannot reach agreement regarding a new
or revised policy or procedure after meeting, post management and the AFSA
representatives should submit the issue to the Department (M/DGHR/PC/LM) and
AFSA in Washington for resolution.
3 FAH-1 H-5123.7 Changes Required
by New Department Policy or Regulation
(TL:POH-27; 10-16-1996)
(State Only)
(Applies to Foreign Service Personnel Only)
If a Department regulation or Department/AFSA agreement is
revised or revoked by higher authority in Washington, the parties at post will
be required to change or revoke derivative post policy or procedure.
3 FAH-1 H-5124 DISCRETIONARY
DISCUSSIONS
(TL:POH-27; 10-16-1996)
(State Only)
(Applies to Foreign Service Personnel Only)
While post management is required upon request to meet
with AFSA post representatives to discuss Department regulations and
agency-wide labor management agreements reached by the Department and AFSA in Washington, post management has the discretion to meet or refuse to meet with post
representatives to discuss all other post-related subject matters. Areas in
which post management has discretion to meet with AFSA include matters on which
the regulations are silent and matters that are specifically left to the
discretion of the chief of mission or principal officer. While meetings
regarding such issues are at post management's option, such requests should
normally be granted because the Department and AFSA believe that such
communications are useful even if agreement is not reached.
3 FAH-1 H-5124.1 Issues Which May
Be Raised
(CT:POH-144; 09-17-2010)
(State Only)
(Applies to Foreign Service Personnel Only)
a. The range of subjects which the local AFSA
representatives and the post's management officials may discuss appropriately
under this section will vary in accordance with the size, location, and other
circumstances of the post and cannot be enumerated in advance.
b. The following local policy issues exemplify the type
of issues upon which requests for discussion should normally be granted:
(1) Local post-funded training;
(2) Permissible employee activities;
(3) Post parking regulations;
(4) Duty rosters and work schedules;
(5) Housing and furnishings, including temporary
housing;
(6) Local handling, and procedures for local
clearance, of household effects;
(7) Procedures for obtaining local medical care;
(8) Health unit operations;
(9) Housing board membership; and
(10) Use of post facilities.
3 FAH-1 H-5124.2 Issues Which May
Not be Raised
(CT:POH-144; 09-17-2010)
(State Only)
(Applies to Foreign Service Personnel Only)
The following issues exemplify the type of issues that are
not appropriate for discussion by AFSA post representatives:
(1) Post security policies;
(2) Policies confined to management officials and
confidential employees;
(3) Municipal, State, or national laws;
(4) Post budget; and
(5) Matters under negotiation between the Department
and AFSA in Washington.
3 FAH-1 H-5124.3 Initiating
Discussions
(TL:POH-27; 10-16-1996)
(State Only)
(Applies to Foreign Service Personnel Only)
Discussions concerning discretionary matters may be
requested by the certified AFSA representative at any time. Although post
management is not obligated to meet to discuss discretionary matters, such
request should normally be granted and such meetings should take place as soon
as practicable.
3 FAH-1 H-5124.4 Participants
(TL:POH-27; 10-16-1996)
(State Only)
(Applies to Foreign Service Personnel Only)
Section 3 FAH-1
H-5123.2 applies to discretionary discussions.
3 FAH-1 H-5124.5 Official Time
(TL:POH-27; 10-16-1996)
(State Only)
(Applies to Foreign Service Personnel Only)
Section 3 FAH-1
H-5123.3 applies to discretionary discussions.
3 FAH-1 H-5124.6 Notification of
New or Revised Post Policy or Procedures
(TL:POH-27; 10-16-1996)
(State Only)
(Applies to Foreign Service Personnel Only)
Section 3 FAH-1
H-5123.4 applies to discretionary discussions.
3 FAH-1 H-5124.7 Duration of Post
Policies or Procedures
(TL:POH-27; 10-16-1996)
(State Only)
(Applies to Foreign Service Personnel Only)
If post management agrees to discuss discretionary issues
and agrees with the AFSA post representatives' suggested changes or revisions,
the new or revised local policies or procedures are not permanent and may later
be changed or revoked at any time by post management officials and their
successors without the concurrence of the AFSA post representative. Post
management, however, is required to discuss further changes or revocation with
post representatives prior to publishing the changes or revocation. Either
party may request review at anytime of new or revised local policies or
procedures reached under this section. Arriving principal officers or acting
principal officers shall review local policies or procedures reached under this
section at their convenience.
3 FAH-1 H-5125 FAILURE TO HOLD
DISCUSSIONS OR REACH AGREEMENT
(CT:POH-144; 09-17-2010)
(State Only)
(Applies to Foreign Service Personnel Only)
If post management officials refuse to meet with the post
AFSA representatives, or if they cannot agree on the resolution of an issue
after discussion, the matter should be submitted to the Department
(M/DGHR/PC/LM) and AFSA in Washington for consideration.
3 FAH-1 H-5126 INDIVIDUAL RIGHTS
(TL:POH-27; 10-16-1996)
(State Only)
(Applies to Foreign Service Personnel Only)
These guidelines concern only dealings between management
officials and the certified AFSA representative at Foreign Service posts.
Nothing in these guidelines shall preclude an individual employee, regardless
of whether he or she is a member of an organization, from bringing matters of a
personal concern to the attention of appropriate officials under applicable
law, rule, or regulation or from choosing his or her own representative in a
grievance proceeding.
3 FAH-1 H-5127 FOREIGN SERVICE
GRIEVANCE SYSTEM
(TL:POH-27; 10-16-1996)
(State Only)
(Applies to Foreign Service Personnel Only)
These guidelines do not affect the procedures of the
Foreign Service Grievance System (3 FAM 4400).
3 FAH-1 H-5128 INTERPRETATION OF
GUIDELINES
(CT:POH-144; 09-17-2010)
(State Only)
(Applies to Foreign Service Personnel Only)
Questions concerning the interpretation or application of
these guidelines should be referred by post management to M/DGHR/PC/LM and by
local AFSA representatives to AFSA/Washington.
3 FAH-1 H-5129 UNASSIGNED