[Federal Register Volume 59, Number 139 (Thursday, July 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17758]


[[Page Unknown]]

[Federal Register: July 21, 1994]


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NATIONAL LABOR RELATIONS BOARD

29 CFR Part 100

 

Administrative Regulations

AGENCY: National Labor Relations Board (NLRB).

ACTION: Final rule.

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SUMMARY: The National Labor Relations Board is amending the current 
administrative regulations governing the standards of conduct and 
financial disclosure requirements of employees of the Agency. Most of 
these regulations have been superseded by the Standards of Ethical 
Conduct for Employees of the Executive Branch issued by the Office of 
Government Ethics (OGE). The NLRB publishes this rule to repeal the 
superseded provisions and to update cross-references in the current 
regulations that continue to be applicable, in conformance with the 
executive branch-wide standards.
    Thus, NLRB is not repealing the provisions of the existing 
administrative regulations requiring approval to engage in outside 
employment, the prohibition to engage in private practice of law except 
in family or civic matters, and the requirement to cooperate with the 
NLRB's Office of Inspector General in audits and investigations.

EFFECTIVE DATE: The removal of Secs. 100.202 through 100.209 and 
Sec. 100.306 became effective October 5, 1992. The redesignation and 
revision of Sec. 100.201 is effective July 21, 1994. All other 
amendments became effective February 3, 1993.

FOR FURTHER INFORMATION CONTACT:

Gloria Joseph, Director of Administration, National Labor Relations 
Board, Room 7108, 1099 Fourteenth Street NW., Washington, DC 20570-
0001. (202-273-3890).

SUPPLEMENTARY INFORMATION: In 1967, the NLRB issued 29 CFR Part 100, 
administrative regulations governing employee responsibilities and 
conduct (32 FR 13560), primarily pursuant to and in conformance with 
E.O. 11222 (May 8, 1965) and regulations issued by the U.S. Civil 
Service Commission (5 CFR 735.104, 33 FR 12487). Executive Order 12674 
(April 12, 1990)--as modified by E.O. 12731 (October 17, 1990)--revoked 
E.O. 11222 and directed OGE to ``establish a single, comprehensive, and 
clear set of executive-branch standards of conduct that shall be 
objective, reasonable, and enforceable.''
    On August 7, 1992, OGE published new Standards of Ethical Conduct 
for Employees of the Executive Branch (57 FR 35006). These uniform 
standards of conduct, codified at 5 CFR part 2635, became effective on 
February 3, 1993; and supersede most of the provisions in the NLRB's 
regulations found in 29 CFR Part 100. Additionally, the new standard 
authorized executive-branch agencies, with the concurrence of OGE, to 
issue supplemental agency-specific regulations that are necessary and 
appropriate to implement their respective ethics programs (5 CFR 
2635.105).
    Therefore, NLRB is amending Part 100 by removing/repealing certain 
sections of subparts A, B, and C that have been superseded by the new 
OGE regulations and by revising or redesignating the remaining 
provisions.
    In subpart A, ``Employee Responsibilities and Conduct,'' 
Sec. 100.101 has been amended to cross-reference the new executive 
branch-wide standards. Section 100.102 has been revised to accommodate 
redesignated Sec. 100.113. Sections 100.103 through 100.105, 
Secs. 100.111 through 100.112, paragraphs (a)(2) through (d) of 
Sec. 100.113, Secs. 100.114 through 100.122 have been removed. Section 
100.123 is redesignated as Sec. 100.201 of the renamed subpart B, 
``Cooperation in Audits and Investigations.'' Sections 100.301 through 
100.305 and Sec. 100.307 of subpart C, ``Special Government Employee 
Conduct and Responsibility,'' were also superseded as of February 3, 
1993, and have been removed.
    Section 100.106, with a revised paragraph (a) to show the new 
street address ``1099 Fourteenth Street, NW'' of the NLRB headquarters, 
is redesignated as Sec. 100.401 of the renamed subpart D.
    Paragraphs (a)(1) and (e) of Sec. 100.113 have been redesignated as 
paragraphs (a) and (b) of Sec. 100.102. NLRB is not removing these 
paragraphs, because they contain the Agency's requirements for approval 
to engage in outside employment and activities, and the prohibition to 
engage in private practice of law except in family or civic matters. 
Pursuant to the Standards of Ethical Conduct for Employees of the 
Executive Branch, these requirements will remain in effect until 
February 4, 1995, or until NLRB publishes new requirements.
    Effective October 5, 1992, OGE regulations contained in 5 CFR part 
2634, ``Financial Disclosure, Qualified Trusts, and Certificates of 
Divestiture for Executive Branch Employees,'' superseded the executive 
branch confidential reporting regulations at 5 CFR part 735, subpart D 
and Sec. 735.106, as well as the NLRB's implementing regulations. 
Therefore, the NLRB is further amending part 100 by removing 
Secs. 100.201 through 100.209, along with the heading of subpart B,'' 
Employee Statements of Employment and Financial Interest.'' Section 
100.306 and the heading of subpart C, ``Special Government Employee 
Conduct and Responsibilities,'' and also removed.
    Sections 100.120 (gambling, betting, and lotteries) and 100.121 
(general conduct prejudicial to the Government) of the NLRB regulations 
are not superseded by 5 CFR part 2635 nor any other OGE regulation. 
However, pursuant to E.O. 12674 (as modified by E.O. 12731), OPM issued 
a final rule on November 30, 1992 (57 FR 56433) to complement 5 CFR 
part 2635. Enforceable by the employing agency, this OPM rule--which 
revised part 735 of title 5, Ch. I of the Code of Federal Regulations--
became effective on February 3, 1993; and established executive branch-
wide standards in these conduct areas. Accordingly, the NLRB is 
removing Secs. 100.120 and 100.121.
    Additionally, subpart D, ``Employee Personal Loss Claims 
[Reserved],'' is redesignated as subpart C; subpart E, ``Claims Under 
the Federal Tort Claims Act,'' is redesigned as subpart D; and subpart 
F, ``Enforcement of Nondiscrimination on the Basis of Handicap in 
Programs and Activities Conducted by the National Labor Relations 
Board,'' is redesignated as subpart E of part 100 of title 29, Ch. I of 
the Code of Federal Regulations. Section 100.570 is amended to show the 
new street address ``1099 Fourteenth Street, NW'' of the NLRB 
headquarters and the Director of Administration.
    This rule relates to Agency management and personnel. As such, no 
notice of proposed rulemaking has been published. For the same reason, 
the rule is not subject to the review requirements of E.O. 12991.

List of Subjects in 29 CFR Part 100

    Administrative regulations, employee responsibilities and conduct, 
Government employees, cooperation in audits and investigations, 
employee personal property loss claims, claims under the Federal Tort 
Claims Act, nondiscrimination on the basis of handicap in NLRB 
programs.

    For the reasons stated in the preamble, part 100 of title 29, Ch. 1 
of the Code of Federal Regulations is amended as follows:

PART 100--[AMENDED]

    1. The authority citation for part 100 is revised to read as 
follows:

    Authority: Sec. 6, National Labor Relations Act, as amended (29 
U.S.C. 141, 146).

    Subpart A is also issued under 5 U.S.C. 7301; 5 U.S.C. app. 
(Ethics in Government Act of 1978); E.O. 12674, 3 CFR 1989 Comp., p. 
215, as modified by E.O. 12731, 3 CFR 1990 Comp., p. 306; 5 CFR 
2635.105, 2635.403, 2635.802(a), 2635.803; 18 U.S.C. 201 et seq.; 18 
U.S.C. 208; 57 FR 56433 (codified at 5 CFR 735); the Inspector 
General Act of 1978, as amended by the Inspector General Act 
Amendment of 1988, 5 U.S.C. app. 3.
    Subpart B is also issued under the Inspector General Act of 
1978, as amended by the Inspector General Act Amendment of 1988, 5 
U.S.C. app. 3; 18 U.S.C. 201 et seq.; 5 CFR 735; 42 U.S.C. 2000e-
16(a); 29 CFR 1613.204(a) and 29 CFR 1613.216.
    Subpart D is also issued under 28 U.S.C. 2672; 28 CFR Part 14.
    Subpart E is also issued under 29 U.S.C. 794.

Subpart A--[Amended]

    2. Section 100.101 is revised to read as follows:


Sec. 100.101  Cross-reference to employee ethical conduct standards and 
financial disclosure regulations.

    (a) Employees of the NLRB should refer to the executive branch-wide 
Standards of Ethical Conduct at 5 CFR part 2635, 5 CFR part 735 which 
addresses employee responsibilities and conduct executive branch-wide 
in relation to certain provisions not contained in the Standards of 
Ethical Conduct, and the executive branch-wide financial disclosure 
regulations at 5 CFR part 2634.
    3. Section 100.102 is revised to read as follows:


Sec. 100.102  Outside employment or occupation.

    (a) The private practice of law either individually or with another 
person, is prohibited; however, as an exception, permission of the 
Board or General Counsel may be requested to engage in such occasional 
and private legal activities as those involving family or civic 
matters;
    (b) Requests for authorization and reports of outside employment. 
(1) Legal practice. Requests directed to the Board or General Counsel, 
as appropriate, for exception to the prohibition in paragraph (a) of 
this section, shall at a minimum, include:
    (i) Nature of legal activity,
    (ii) Relationship of proposed client(s) to employee, if any,
    (iii) Expected duration of activity, and
    (iv) Compensation involved.
    (2) Other employment. Before any employee accepts outside 
employment, he shall obtain permission of his Regional Director, Branch 
Chief, or the equivalent. Permission shall be granted in accordance 
with the regulations in this part. Each Regional Director, Branch 
Chief, or the equivalent shall maintain a record on an individual basis 
of each request received for outside employment authorization and the 
official action taken. At least annually, as of June 30, the Division 
Chief shall require a report from each subordinate authorizing official 
showing as a minimum:
    (i) By named employee, the request and official action taken, and
    (ii) A list by employee of the outstanding authorizations for 
outside employment.


Secs. 100.103 through 100.105  [Removed]

    4. and 5. Sections 100.103 through 100.105 are removed.


Secs. 100.111 through 100.112  [Removed]

    6. Sections 100.111 through 100.112 are removed.


Sec. 100.113  [Redesignated as Sec. 100.102]

    7. Section 100.113 is removed.


Secs. 100.114 through 100.122  [Removed]

    8. Sections 100.114 through 100.122 are removed.

Subpart B--Cooperation in Audits and Investigations

    9. The heading for subpart B, ``Employee Statements of Employment 
and Financial Interest,'' is revised to read as shown above.


Sec. 100.123  [Redesignated and revised]

    10. Section 100.123 is redesignated as Sec. 100.201 of subpart B 
and revised to read as follows:


Sec. 100.201  Audits and investigations.

    (a) Employees shall cooperate fully with any audit or investigation 
conducted by the Office of the Inspector General involving matters that 
fall within the jurisdiction and authority of the Inspector General, as 
defined in the Inspector General Act of 1978, as amended, or with any 
audit or investigation conducted by any Agency official or department, 
including, but not limited to, the Office of Equal Employment 
Opportunity, involving matters that relate to or have an effect on the 
official business of the Agency. Such cooperation shall include, among 
other things, responding to requests for information, providing 
statements under oath relating to such audits or investigations, and 
affording access to Agency records and/or any other Agency materials in 
an employee's possession.
    (b) The obstruction of an audit or investigation, concealment of 
information, intentional furnishing of false or misleading information, 
refusal to provide information and/or answer questions, or refusal to 
provide a statement under oath, by an employee to an auditor or 
investigator pursuant to any audit or investigation as described in 
paragraph (a) of this section, may result in disciplinary action 
against an employee. However, nothing herein shall be construed to 
deny, abridge, or otherwise restrict the rights, privileges, or other 
entitlements or protections afforded to Agency employees.


Secs. 100.202 through 100.209  [Removed]

    11. Sections 100.202 through 100.209 are removed.

Subpart C--Employee Personal Property Loss Claims [Reserved]

    12. The heading for subpart C, ``Special Government Employee 
Conduct and Responsibility,'' is revised to read as shown above.


Secs. 100.301 through 100.307  [Removed]

    13. Sections 100.301 through 100.307 are removed.

Subpart E--[Redesignated as Subpart D]

    14. Subpart E, ``Claims Under the Federal Tort Claims Act 
[Reserved],'' is redesignated as subpart D, and revised to read as 
follows:

Subpart D--Claims Under the Federal Tort Claims Act


Sec. 100.401  Claims under the Federal Tort Claims Act for loss of or 
damage to property or for personal injury or death.

    (a) Filing of claims. Pursuant to 28 U.S.C. 2672, any claim under 
the Federal Tort Claims Act for money damages for loss of or injury to 
property, or for personal injury or death, caused by the negligent or 
wrongful act or omission of any employee of the National Labor 
Relations Board while acting within the scope of his office or 
employment, under circumstances where the United States, if a private 
person, would be liable to the claimant for such loss, injury or death 
in accordance with the law of the place where the act or omission 
occurred, may be presented to the Director of Administration, 1099 
Fourteenth Street, NW., Washington, DC 20570, or to any regional office 
of the National Labor Relations Board, at any time within 2 years after 
such claim has accrued. Such a claim may be presented by a person 
specified in 28 CFR 14.3, in the manner set out in 28 CFR 14.2 and 
14.3, and shall be accompanied by as much of the appropriate 
information specified in 28 CFR 14.4 as may reasonably be obtained.
    (b) Action on claims. The Director, Division of Administration, 
shall have the power to consider, ascertain, adjust, determine, 
compromise, and settle any claim referred to in, and presented in 
accordance with paragraph (a) of this section. The Chief, Security 
Staff, can process and adjust claims under $100 in accordance with 
delegated authority from the Director. Legal review is required by the 
General Counsel or designee for all claims in the amount of $5,000 or 
more, 28 CFR 14.5. Any exercise of such power shall be in accordance 
with 28 U.S.C. 2672 and 28 CFR Part 14.
    (c) Payment of awards. Any award, compromise, or settlement in an 
amount of $2,500 or less made pursuant to this action will be paid by 
the Director of Administration out of appropriations available to the 
National Labor Relations Board. Payment of any award, compromise, or 
settlement in an amount in excess of $2,500 made pursuant to this 
section will be obtained in accordance with 28 CFR 14.10.

Subpart F--[Redesignated as Subpart E]

    15. Subpart F, entitled ``Enforcement of Nondiscrimination on the 
Basis of Handicap in Programs or Activities Conducted by the National 
Labor Relations Board,'' is redesignated as subpart E.


Secs. 100.601 through 100.671-100.699  [Reserved]--[Redesignated as 
Secs. 100.501 through 100.571-100.599 [Reserved]]

    16. Sections 100.601 through 100.699 are redesignated as 
Secs. 100.501 through 100.599, respectively.


Sec. 100.570  [Amended]

    17. Newly designated Sec. 100.570 is amended by revising the phrase 
``171 Pennsylvania Avenue NW.,'' in paragraph (c) to read ``1099 
Fourteenth Street NW.,''.

    Dated: Washington, DC, July 15, 1994.

    By direction of the Board.

National Labor Relations Board.
John C. Truesdale,
Executive Secretary.
[FR Doc. 94-17758 Filed 7-20-94; 8:45 am]
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