FS Labor Relations Board on AFSA Dues, Foreign Service Retirees, and Annuities ≠ Salaries

Posted: 4:22 am ET
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Last month, the Foreign Service Labor Relations Board (FSLRB) rendered a decision about AFSA dues and Foreign Service retirees.  AFSA filed with the Foreign Service Labor Relations Board (the Board) a “request[ for] . . . interpretation and guidance of § 1018(b)(2) of the Foreign Service Act of 1980. This provision concerns the termination of payroll deductions for union dues when “the individual ceases to receive a salary from the [Agency] as a member of the Service.”

When Agency employees wish to have their Union dues automatically withheld from their paychecks, the employees complete a form that authorizes the Agency to withhold those funds and remit them to the Union.6 According to the Union, the Agency automatically terminates dues withholding when a foreign-service employee retires. The Union asserts that this practice is based on an erroneous understanding of § 1018(b)(2) of the Foreign Service Act …
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[T]he Union argues that the automatic termination of dues withholding causes it to lose dues and, therefore, asks the Board to find that § 1018(b)(2) does not require automatic termination of dues withholding upon retirement.
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The Union contends that the Agency should continue withholding dues from an individual’s retirement benefits based on the same dues-withholding-authorization form that applied to the individual’s salary while in active service.17 We disagree.

Section 1018(b)(2) of the Foreign Service Act requires the Agency to terminate an existing dues-withholding assignment when an “individual ceases to receive a salary from the [Agency].”18 As explained below, retirees generally receive “annuities,” not salaries, upon retirement.19

The FSLRB says it find that § 1018(b)(2) requires the State Department to terminate an existing dues-withholding assignment when a retiring employee stops receiving a salary.

The Department deducts union dues from salaries on the basis of a voluntary act by the Foreign Service employee. The employee has the right to revoke his/her decision at any time. Whenever an employee who has had his/her union dues deducted from salary arrives at the moment of retirement, it must be assumed that he/she continues to believe it had been in his/her interest to maintain both their membership in the union, and the automatic deduction of union dues.

The Board notes that “when a foreign-service employee retires, that “individual ceases to receive a salary from the [Agency].”30 Consequently, under § 1018(b)(2), the Agency must terminate the individual’s previous dues-withholding assignment.”
AFSA has over 10,000 active paying FS members. Its dues range from $95.00 to $400.00 annually based on four employee brackets.  Read the full decision below:

 

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Open Forum Furor: An Attempt to Neuter Retiree Complaints About AFSA?

Posted: 1:44 am ET
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AFSA’s Open Forum enables Foreign Service retirees to stay in touch with their Foreign Service colleagues on FS issues and maintain their FS legacy. Out of some 16,000 paying members, a sub-group of retiree-members use the online forum, and they are pretty vocal and not always complimentary to AFSA or its leadership. AFSA previously opted-in all members to the forum in 2014 so everyone gets to read the online conversation.

An Open Forum user said that all those who get the Open Forum digest daily benefits from being part of a dynamic discussion/debate of Foreign Service topics of interest, whether or not they chose to post in the forum themselves.

AFSA Director of Communications Asgeir Sigfusson recently told members that “We have heard from members asking us to do our best to stem the flow of emails and help with inbox clutter. In response, we are now opting everyone out of that daily email, which will reduce the number of weekly AFSA emails by up to seven.”

We were informed by our sources that “When asked, AFSA staff indicated they have no knowledge of any complaints about the Forum.”

AFSA’s President and State VP, and their communication shop are notoriously unresponsive to our inquiries, so um … pardon us if we no longer waste our time over there.  

The Open Forum mechanism to opt-in is reportedly not onerous, and we can certainly understand decluttering the inbox but some AFSA members are outrage, especially as the change was announced just a few days before it took effect.  More importantly, there is a strong suspicion that trimming access to the forum (or what members read even passively from the forum) and the requirement to opt-in are just ways to trim the unfavorable views expressed by the retired members.

Former AFSA Vice President for Retirees Larry Cohen who oversaw the creation of the forum did not minced words and said, “This as an attempt of AFSA leadership to neuter retiree complaints about AFSA.”

Ouch! What are they talking about in there, do tell!

A close AFSA observer notes that changes at AFSA that could have lead to this kerfuffle includes communication issues like Governing Board meeting agendas and approved minutes that should be available on the AFSA website for any interested member but are not.

“Overall AFSA leadership seems to want a tight control on information.  They do not share enough or ask enough.  The current communications policy divides up the Service by not sharing communications across all constituencies so that  all interested, whether active or retired, can be better informed.  Boards and staff continue to ignore the bylaw provision for constituency Standing Committees.  Now is a time to enlarge the tent, not restrict it.  Standing committees have an advisory function and allow for a broader range of perspectives.  The results or main themes or take-always from the  “focused conversations” organized by rank cohort are not shared with the membership with the degree of specificity needed to be useful.  It is not clear how focus group conversations are announced or participants selected.  What about retirees – are they included?”

That sounds almost as bad as the information control generated by the 7th Floor.

The AFSA observer also notes that elected representatives are accountable to members and every member deserves a respectful and timely response to any request for information.

Just yesterday, an Open Forum user complained that the three items he/she submitted have not been published nor acknowledged and asked, “What in the name of AFSA openness is going on?”

The AFSA election results for the 2017-2019 AFSA Governing Board had a total of 4,130 valid ballots cast or 25% of the eligible voting membership (note that the new Governing Board was seated last week, so old Prez but new State VP). That’s the same percentage of voters who participated in the 2015-2017 elections. A few years back, we sliced and diced the AFSA voting numbers and at that time, we noted that active-duty employees were the largest voting bloc in AFSA at over 60% of the total membership, but only about 16% of this constituency vote. Foreign Service retirees on the other hand, the second largest constituents of AFSA make up something like 26% of the total membership but almost half the total AFSA retiree members cast their votes (2016 membership is currently 10,792 active employees and 3,710 retired employees). The retirees also bring in about $260K in AFSA dues annually.

As a side note, did you hear about the ruling from the Foreign Service Labor Relations Board (FSLRB) about Foreign Service retirement and witholding of union dues? (Separate post to follow).

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