[Federal Register Volume 60, Number 190 (Monday, October 2, 1995)]
[Proposed Rules]
[Pages 51371-51373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24387]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 60, No. 190 / Monday, October 2, 1995 /
Proposed Rules
[[Page 51371]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 251
RIN 3206-AG38
Agency Relationships With Organizations Representing Federal
Employees and Other Organizations
AGENCY: Office of Personnel Management.
ACTION: Proposed rule with request for comments.
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SUMMARY: The Office of Personnel Management (OPM) is issuing proposed
regulations governing agency relations with managerial, supervisory,
professional, and other organizations that are not labor organizations.
These regulations are being issued as part of the implementation of the
Federal Personnel Manual (FPM) sunset. The regulations incorporate
certain provisions that existed in former FPM chapters 251 and 252.
DATES: Comments on the proposed regulations must be received on or
before December 1, 1995.
ADDRESSES: Send or deliver written comments to Phyllis Foley, Chief,
Labor-Management Relations Division, Office of Personnel Management,
Room 7412, 1900 E Street NW., Washington, DC 20415.
FOR FURTHER INFORMATION CONTACT:
Hal Fibish at 202-606-1170.
SUPPLEMENTARY INFORMATION: One of the recommendations of the September
1993 Report of the National Performance Review (From Red Tape to
Results: Creating a Government that Works Better and Costs Less) was
that the FPM should be ``sunset.'' Following consultation with agencies
and other interested parties, the Director of the Office of Personnel
Management (OPM) issued a memorandum abolishing the FPM as of December
31, 1993, except for certain provisionally retained materials.
The proposed regulations would continue, with some modifications,
certain provisions that were in former FPM chapters 251
(Intramanagement Communications and Consultation) and 252 (Agency
Relationships with Professional Associations and Other Organizations).
These chapters were sunset as of December 31, 1993; but they contained
material that does not exist elsewhere and that were of assistance to
agencies in dealing with the affected associations and organizations.
OPM, mindful of the need to keep regulations to a minimum, has
nevertheless determined that it is necessary to issue regulations
because of the significance of this matter.
Subpart A provides a general framework for dealing with
organizations other than labor organizations that represent Federal
employees and with other organizations. Criteria for establishing
consultative relationships with organizations that are covered by this
part are primarily derived from section 1-3a of former FPM chapter 251
and section 1-5 of former FPM chapter 252. In addition, section
251.101(f) reminds employees that 18 U.S.C. Secs. 201-216, as
interpreted by the Office of Government Ethics and the Department of
Justice, places restrictions on a wide range of activities by Federal
employees, including representational activities on behalf of
organizations that are not labor organizations, and advises them to
consult with their designated agency ethics official for guidance
regarding any conflicts of interest which may arise.
Subpart B provides instructions on dealing with organizations
representing Federal employees. Section 251.201, based on subchapter 1
of former FPM chapter 251, requires agencies to establish systems for
intramanagement communications and consultation with supervisors and
managers and associations of supervisors and managers. Section 251.202,
based on former FPM chapter 252, provides a framework for dealing with
organizations that are not supervisory or managerial. Note that while
agencies are required to communicate and consult with associations of
supervisors and managers, such dealings with other organizations
representing Federal employees are discretionary. Such dealings,
however, can be mutually beneficial to the agency and the members of
the organizations. Section 251.203 provides information on what support
may be granted organizations.
Subpart C provides information on dues withholding. Section 251.301
references 5 CFR 550.331, which requires agencies to provide for dues
withholding for supervisory and managerial associations. Section
251.302 indicates that agencies may, but are not required to, provide
dues withholding for other organizations.
E.O. 12866, Regulatory Planning and Review
This rule has been reviewed by the Office of Management and Budget
in accordance with E.O. 12866.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because it will only
affect Federal Government employees and non-labor organizations
representing such employees.
List of Subjects in 5 CFR Part 251
Government employees.
U.S. Office of Personnel Management.
James B. King,
Director.
Accordingly, OPM is proposing to add 5 CFR Part 251 as follows:
1. Part 251 is added to read as follows:
PART 251--AGENCY RELATIONSHIPS WITH ORGANIZATIONS REPRESENTING
FEDERAL EMPLOYEES AND OTHER ORGANIZATIONS
Subpart A--General Provisions
Sec.
251.101 Introduction.
251.102 Coverage.
251.103 Definitions.
Subpart B--Relationships With Organizations Representing Federal
Employees and Other Organizations
251.201 Associations of supervisors and management officials.
251.202 Agency support to organizations representing Federal
employees and other organizations.
Subpart C--Dues Withholding
251.301 Associations of supervisors and management officials.
251.302 All other organizations.
Authority: 5 U.S.C. Sec. 1104; 5 U.S.C. chap. 71; 5 U.S.C.
Sec. 7135; 5 U.S.C. Sec. 7301; and E.O. 11491
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[[Page 51372]]
Subpart A--General Provisions
Sec. 251.101 Introduction.
(a) These regulations apply to all Federal executive branch
departments and agencies and their officers and employees.
(b) This part provides a framework for consulting and communicating
with non-labor organizations representing Federal employees and with
other organizations on matters related to agency operations and
personnel management.
(c) The purposes of consultation and communication are: the
improvement of agency operations, personnel management, and employee
effectiveness; the exchange of information (e.g., ideals, opinions, and
proposals); and the establishment of policies that best serve the
public interest in accomplishing the mission of the agency.
(d) An agency's consultation and communication with organizations
representing Federal employees and with other organizations under this
part may not take on the character of negotiations or consultations
regarding conditions of employment of bargaining unit employees, which
is reserved exclusively to labor organizations as provided for in
Chapter 71 of title 5 of the U.S. Code.
(e) The head of a Federal agency may determine that it is in the
interest of the agency to consult, from time to time, with
organizations other than labor organizations and supervisory and
managerial associations to the extent permitted by law. Under section
7(d)(2) and (3) of Executive Order 11491, as amended, recognition of a
labor organization does not preclude an agency from consulting or
dealing with a veterans organization, or with a religious, social,
fraternal, professional, or other lawful association, not qualified as
a labor organization, with respect to matters or policies which involve
individual members of the organization or association or are of
particular applicability to it or its members.
(f) Federal employees, including management officials and
supervisors, may communicate with any Federal agency, officer, or other
Federal entity on the employee's own behalf. However, Federal employees
should be aware that 18 U.S.C. Sec. 205, in pertinent part, restricts
Federal employees from acting, other than in the proper discharge of
their official duties, as agents for any organization other than a
labor organization, before any Federal agency or other Federal entity
in connection with any matter in which the United States is a party or
has a direct and substantial interest. Agency officials and employees
are therefore advised to consult with their designated agency ethics
official for guidance regarding any conflicts of interest that may
arise.
Sec. 251.102 Coverage.
To be covered by this part, an association or organization:
(a) Must be a lawful, nonprofit organization whose constitution and
bylaws indicate that it subscribes to minimum standards of fiscal
responsibility and employs democratic principles in the nomination and
election of officers.
(b) Must not discriminate in terms of membership or treatment
because of race, color, religion, sex, national origin, age, or
handicapping condition.
(c) Must not assist or participate in a strike, work stoppage, or
slowdown against the Government of the United States or any agency
thereof or impose a duty or obligation to conduct, assist, or
participate in such strike.
(d) Must not advocate the overthrow of the constitutional form of
Government of the United States.
Sec. 251.103 Definitions.
(a) Organization representing Federal employees and other
organizations means an organization other than a labor organization
that can provide information, views, and services which will contribute
to improved agency operations, personnel management, and employee
effectiveness. Such an organization may be an association of Federal
management officials and/or supervisors, a professional association,
civic and consumer groups, organizations concerned with special social
interests (for instance, veterans' affairs, problems of the aged,
personal preference or orientation, etc.), and the like.
(b) Association of management officials and/or supervisors means an
association comprised primarily of management officials and/or
supervisors, which is not eligible for recognition under Chapter 71 of
title 5 of the U.S. Code, and which is not affiliated with a labor
organization or federation of labor organizations.
(c) Labor organization means an organization as defined in 5 U.S.C.
Sec. 7103(a)(4), which is in compliance with 5 U.S.C. Sec. 7120.
Subpart B--Relationships With Organizations Representing Federal
Employees and Other Organizations
Sec. 251.201 Associations of supervisors and management officials.
(a) As part of agency management, supervisors and managers should
be included in the decision-making process and notified of executive-
level decisions on a timely basis. Each agency must establish and
maintain a system for intra-management communication and consultation
with its supervisors and managers. They must also establish
consultative relationships with associations whose membership is
primarily supervisory and/or managerial, provided that such
associations are not affiliated with any labor organization and that
they have sufficient agency membership to assure a worthwhile dialogue
with executive management.
(b) Consultations should have as their objectives the improvement
of managerial effectiveness and the working conditions of supervisors
and managers, as well as the identification and resolution of problems
affecting agency operations and employees, including supervisors and
managers.
(c) The system of communication and consultation should be designed
so that individual supervisors and managers are able to participate if
they are not affiliated with an association of supervisors or managers.
At the same time, the voluntary joining together of supervisory and
management personnel in groups of associations shall not be precluded
or discouraged.
Sec. 251.202 Agency support to organizations representing Federal
employees and other organizations.
(a) Agencies may facilitate employee membership and participation
in organizations representing Federal employees and in other
organizations in ways such as:
(1) Permitting employees, in appropriate cases, to use agency
equipment or administrative support services for preparing papers to be
presented at conferences or symposia or published in journals.
(2) Using the authority under 5 CFR part 410 to pay expenses of
employees to attend professional organization meetings when such
attendance is for the purpose of employee development or directly
concerned with agency functions or activities and the agency can derive
benefits from employee attendance at such meetings.
(3) Following a liberal policy in authorizing excused absence for
other employees who are willing to pay their own expenses to attend a
meeting of a professional association or other organization from which
an agency could derive some benefit.
(b) Agencies may provide Government resources support to
organizations (such as space in Government facilities for meeting
purposes and the use of agency
[[Page 51373]]
bulletin boards, internal agency mail distribution systems, electronic
bulletin boards and other means of informing agency employees about
meetings and activities) in accordance with appropriate General
Services Administration regulations contained in title 41 of the Code
of Federal Regulations. The mere provision of such support to any
organization is not to be construed as Federal sponsorship, sanction,
or endorsement of the organization or its activities.
Subpart C--Dues Withholding
Sec. 251.301 Associations of supervisors and management officials.
Dues withholding for associations of supervisors and/or management
officials is covered in 5 CFR 550.331.
Sec. 251.302 All other organizations.
Under 5 CFR 550.311(b), an agency may permit an employee to make an
allotment for any legal purpose deemed appropriate by the head of the
agency. Agencies may provide for the allotment of dues for
organizations representing Federal employees under that section.
[FR Doc. 95-24387 Filed 9-29-95; 8:45 am]
BILLING CODE 6325-01-M
