[Material Transmitted]{.underline}:

Department of Health and Human Services (HHS) Instruction 251-1,
Communication and Consultation with Supervisors, Management Officials,
and Employee Organizations, dated May 30, 2008.

[Material Superseded]{.underline}:

This Instruction supersedes HHS Instruction 251-1, Intramanagement
Communication and Consultation, issued April 3, 1984.

[Background]{.underline}:

The original Instruction was published on April 3, 1984.

The following revisions were made:

1.  The title was changed to "Communication and Consultation with
    Supervisors, Management Officials, Associations, and Employee
    Organizations". The new title is more descriptive and better
    reflects the Instruction's purpose.

2.  All references to the now abolished FPM were deleted.

3.  5 U.S. Code Chapter 71 (law - labor-management relations) was
    deleted because this reference specifies to management's statutory
    relationship with employee groups with collective bargaining rights.
    Employee associations and organizations have no such statutory
    rights.

4.  A "Definitions" section was added to define certain terms.

5.  A "Responsibilities" section was added to better define roles and
    responsibilities.

6.  A "Departmental Support for Employee Organizations" section was
    added to reflect changes in the implementing regulations.

7.  The "Dues Withholding" section was simplified.

8.  The "Evaluation" section included in the 1984 instruction was
    removed because it was unclear. The Department has neither a
    statutory nor a regulatory requirement to evaluate this system.

9.  Exhibit A was re-written and simplified.

This issuance is effective immediately. Implementation under this
issuance must be carried out in accordance with applicable laws,
regulations, bargaining agreements, and Departmental policy.

Antonia T. Harris

Deputy Assistant Secretary for Human Resources

INSTRUCTION 251-1

**Subject: COMMUNICATION AND CONSULTATION WITH SUPERVISORS, MANAGEMENT
OFFICIALS, ASSOCIATIONS, AND EMPLOYEE ORGANIZATIONS**

251-1-00 Purpose

251-1-10 References

251-1-20 Coverage and Exclusions

251-1-30 Definitions

251-1-40 Responsibilities

251-1-50 Policy

251-1-60 Requirements

251-1-70 Establishment of Official Relationships with Associations and
Employee Organizations

251-1-80 Departmental Support for Employee Organizations

251-1-90 Dues Withholding

251-1-100 Dues Withholding Termination

Exhibit A: A Memorandum of Understanding for the Payment of Dues through
Payroll Allotment

**251-1-00 PURPOSE**

This Instruction establishes the Department's policies and procedures
for communication and consultation with supervisors, and management
officials. The instruction also establishes a system for communication
and consultation with associations whose members are comprised of
managerial and supervisory employees as well as with other organizations
representing Federal employees.

**251-1-10 REFERENCES**

A. 5 CFR, Part 251, Agency Relationships with Organizations Representing
Federal Employees and Other Organizations.

B. 5 CFR Part 550, Subpart C, Allotments and Assignments from Federal
Employees.

C. 5 USC §7103, Definitions; application.

**251-1-20 COVERAGE AND EXCLUSIONS**

A. Coverage

> As defined in Section 251-1-30 below, this Instruction covers: 1) All
> individual supervisors and management officials; 2) Associations; and
> 3) Employee Organizations.

B. Exclusions

> This Instruction does not cover associations and organizations
> affiliated with labor organizations.

**251-1-30 DEFINITIONS**

A. Supervisor and Management Official Associations (i.e., Associations).
Associations whose membership consists of supervisors and management
officials who are not eligible to be members of a labor organization or
federation of labor organizations and are unaffiliated with labor
organizations or federations of labor organizations.

B. Organizations Representing Federal Employees (Employee
Organizations). Organizations other than labor organizations that can
provide information, views, and services which will contribute to
improved agency operations, personnel management, and employee
effectiveness. Such organizations may be "Associations," as defined in
this section, groups representing minorities, women or persons with
disabilities in connection with the agencies' EEO programs and action
plans, professional associations, civic or consumer groups, or
organizations concerned with special social interests.

C. OPDIV Authorizing Official. A management official (i.e. OPDIV Head,
his/her designee, or the Deputy Assistant Secretary for Human Resources)
who has the authority to establish official relationships with
associations and employee organizations.

D. Management Official. An individual whose duties and responsibilities
require or authorize the individual to formulate, determine, or
influence the policies of the Department.

E. Supervisor. An individual who has the authority to hire, direct,
assign, promote, reward, transfer, furlough, layoff, recall, suspend,
discipline, or remove employees, to adjust their grievances, or to
effectively recommend such actions.

F. Employer's Designated Official (EDO). Receives and makes copies of
association and employee organization member payroll allotment forms and
forwards them to the OPDIV servicing payroll office.

**251-1-40 RESPONSIBILITIES**

A. Associations and employee organizations will take the following
actions in order to initiate and maintain an official relationship with
the Department:

1.  Submit all requests to establish an official relationship to the
    appropriate authorizing OPDIV official;

2.  Remain unaffiliated with labor organizations;

3.  Inform and educate association and employee organization members of
    the voluntary nature of the dues allotment system, including the
    conditions under which the allotment may be revoked; and

4.  Inform the Employer's Designated Official (EDO) of any employee who
    has previously completed an allotment form and has been subsequently
    expelled or has discontinued association membership.

B. The OPDIV Authorizing Official shall notify an employee association
in writing that an official relationship has been established.

**251-1-50 POLICY**

A.  The achievement of the Department\'s strategic goals is enhanced by
    devising a system for including HHS supervisors, management
    officials, and associations in the decision-making process. This
    inclusion is vital in assisting executive-level managers identify
    and resolve problems affecting departmental operations, its
    customers, and its employees. To accomplish these goals, the OPDIVs
    will maintain a system to:

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1.  Increase the knowledge of supervisors, management officials, and
    associations, regarding policies, programs and resources within the
    OPDIVs;

2.  Establish relationships to devise policies, administer and evaluate
    programs, and identify and resolve problems.

B. The basic channel of communication and consultation is through the
chain of command. However, supervisors and management officials, and
associations may communicate with executive-level management to
supplement communication and consultation.

C. HHS consultation with employee organizations is discretionary, and
may provide information which may contribute to the improvement of OPDIV
operations and employee effectiveness.

**251-1-60 REQUIREMENTS**

A. Each OPDIV must maintain a system of communication and consultation
with its supervisors and managers.

B. Each OPDIV may maintain a system of communication and consultation
with its employee organizations at its own discretion.

C. The system must have the following elements:

1.  All supervisors, management officials, and associations can be
    reached by the system.

2.  The system includes supervisors, management officials, and
    associations in the decision-making process and ensures they are
    notified of executive management decisions on a timely basis.

3.  Supervisors, management officials, and associations may express
    their views and recommendations to executive-level management
    officials in a candid and forthright manner without fear of reprisal
    or discrimination.

4.  Individual supervisors and management officials are able to
    communicate and consult even if they are not affiliated with an
    association. Voluntarily joining an association shall not be
    precluded or discouraged by executive-level management officials.

**251-1-70 ESTABLISHMENT OF OFFICIAL RELATIONSHIPS WITH ASSOCIATIONS AND
EMPLOYEE ORGANIZATIONS**

A. Objective

The objective of establishing official consultative relationships with
associations and employee organizations is to provide them with an
opportunity to express their ideas, opinions, and perspectives.

B. Authority

The following officials (or their designees) are authorized to establish
an official relationship with associations and employee organizations:

1\. OPDIV Heads (or his/her designee) for associations and employee
organizations within their purview; and

2\. Deputy Assistant Secretary for Human Resources for associations and
employee organizations where membership crosses OPDIVs.

C. Criteria

Association or employee organizations seeking to establish an official
relationship:

1\. May not discriminate in terms of membership or treatment because of
race, color, religion, gender, disability, national origin and age;

2\. Have sufficient membership to ensure a worthwhile dialogue with
executive management;

3\. Have a constitution and by-laws which indicate the organization
subscribes to minimum standards of fiscal responsibility and employs
democratic principles in the nomination and election of officers;

4\. May 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, work stoppage, or slowdown;

5\. May not advocate the overthrow of the constitutional form of
Government of the United States; and

6.  May not engage in discussions that take on the character of
    negotiations and discussions of conditions of employment which is
    reserved exclusively to labor organizations.

D. Procedures

1\. Associations and employee organizations seeking to establish an
official relationship must submit requests to the OPDIV Authorizing
Official (see 251-1-70B above). Requests must include:

> a\. A copy of the constitution and by-laws;
>
> b\. The names of officers;
>
> c\. The names of individuals serving on advisory boards; and
>
> d\. A certification of the number of members.

2\. When the OPDIV Authorizing Official determines the criteria in
251-1-70C above are met, s(he) will notify the association or employee
organization in writing that an official relationship is established.

**251-1-80 DEPARTMENTAL SUPPORT FOR EMPLOYEE ORGANIZATIONS**

A. The Department may provide support services to an employee
organization when it determines that such action would benefit
departmental programs and employee organization members. Examples of
such support services are as follows:

1.  Permit employees, in appropriate cases, to use departmental
    equipment or administrative support services for preparing papers to
    be presented at conferences or symposia or published in journals;

2.  Pay the expenses of employees to attend professional organization
    meetings when such attendance is for the purpose of employee
    development or directly concerned with departmental functions or
    activities and the Department can derive benefits from employee
    attendance;

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3.  Authorize excused absences for employees who are willing to pay
    their own expenses to attend a meeting of a professional association
    or other organization from which the Department could derive some
    benefits; and

4\. Permit the use of space for meetings and the use of departmental
bulletin boards, internal departmental mail, electronic bulletin boards,
and email servers.

B. The mere provision of such support to any association or organization
is not to be construed as Federal sponsorship, sanction, or endorsement
of the association or organization or their activities.

**251-1-90 DUES WITHHOLDING**

A. The OPDIV Authorizing Official will identify an EDO to coordinate
dues withholding.

B. The employee will complete SF-1187 "Request For Payroll Deductions
For Labor Organization Dues".

C. An association or employee organization official will sign and date
the form certifying the allotment amount. The official will promptly
submit the completed form to the EDO.

D. The Department will deduct and process voluntary dues withholding on
a biweekly basis provided the conditions specified in Exhibit A: A
Memorandum of Understanding for the Payment of Dues through Payroll
Allotment are met.

Note: Standard Form 1187 is used for requesting the payroll deduction
and Standard Form 1188 is used for canceling the deduction. These forms
are designed for labor organizations and may be used, for administrative
convenience, by associations of supervisors and management officials.
However, an association may wish to design and use its own equivalent
form (s). If so, the association form(s) must be referenced in \[and a
copy attached to\] the memorandum of understanding.

**251-1-100 DUES WITHHOLDING TERMINATION**

A. The OPDIV will terminate dues withholding when an employee:

1.  Revokes his/her allotment in writing in a timely manner; or

2.  Is separated from the Department.

B. The association or employee organization will inform the EDO of any
employee who has previously completed an allotment form and has been
subsequently expelled or has discontinued association membership.

Exhibit A:

**[A Memorandum of Understanding for the Payment of Dues through Payroll
Allotment]{.underline}**

This memorandum of understanding is entered into by the OPDIV and
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
(Association Employee/Organization).

This memorandum of understanding covers all members of the Association
Employee/Organization who, (1) are employees of the OPDIV; (2) are
members in good standing with the Association Employee/Organization; and
(3) voluntarily authorize a dues allotment.

A. The Association/Employee Organizations will:

> 1\. Inform its members of the voluntary nature of the dues allotment
> and the conditions under which the allotment may be revoked;
>
> 2\. Ensure allotment forms are properly completed and forwarded to the
> Employer's Designated Official (EDO);
>
> 3\. Promptly refund the amount of erroneous remittances of dues
> withheld by the OPDIV that results from terminated membership or
> authorized revocation;

4.  Inform the EDO in writing of any change in the amount of the
    Association/Employee Organizations membership dues; and

> 5\. Advise the EDO in writing of the name and address of the person or
> office (i.e., remittance official) who is authorized to receive the
> Association/Employee Organization's dues deduction checks and reports.

B. The OPDIV will:

> 1\. Withhold the authorized dues on a biweekly basis; and
>
> 2\. Transmit to the remittance official of the Association/Employee
> Organization for each pay period:

C. A member of the Association/Employee Organization may request
revocation of the dues deduction by submitting a written request to the
EDO;

Termination of dues allotment due to separation from the HHS service or
transfer to another

Department or agency will be effective with the separation or transfer.

This memorandum of understanding may be modified at any time on
agreement of the parties.

This memorandum of understanding is effective when signed by the
officials of the Association/Employee Organization and the OPDIV's
Authorizing Official.

For the Department/OPDIV: For the Association:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Typed name) Date (Typed name) Date

(Title) (Title)