**LEGAL**

**1. REASON FOR ISSUE:** To amend and clarify the Department of Veterans
Affairs (VA) policy on the legal use of VA facilities by professional or
qualifying employee organizations or similar groups.

**2. SUMMARY OF CONTENTS/MAJOR CHANGES:** This handbook sets forth
mandatory procedures previously contained in law, Federal regulation,
and numerous other issuances. These changes will be incorporated into
the electronic version of VA Handbook 5025 that is maintained on the
[Office of Human Resources Management Web
site](http://vaww.va.gov/ohrm/Directives-Handbooks/Direct_Hand.htm). The
changes:

a\. provides clarification for professional associations and similar
group activities such as continuing

education, training, and professional development;

b\. provides for access to VA facilities by all employee associations
and similar groups;

c\. provides for equal access to VA facilities by professional or
qualifying employee groups.

**3. RESPONSIBLE OFFICE:** Work Life and Benefits Service (058), Office
of the Deputy Assistant Secretary for Human Resources Management (05).

**4. RELATED DIRECTIVE:** VA Directive 5025, "Legal."

**5. RESCISSIONS:** None.

**CERTIFIED BY: BY DIRECTION OF THE SECRETARY**

**OF VETERANS AFFAIRS:**

/s/Robert N. McFarland /s/William H. Campbell

Assistant Secretary for Assistant Secretary for Management

Information and Technology Office of Human Resources and Administration

DISTRIBUTION: ELECTRONIC ONLY

**LEGAL**

**PART X. EMPLOYEE ORGANIZATIONS AND ACTIVITIES**

**CONTENTS**

### **PARAGRAPH PAGE**

1\. [SCOPE](#ptXpar1) X-1

2\. [REFERENCES](#ptXpar2) X-1

3\. [POLICY](#ptXpar3) X-1

4\. [TYPICAL ACTIVITIES](#ptXpar4) X-1

5\. [EMPLOYEE ASSOCIATIONS AND SIMILAR GROUPS](#ptXpar5) X-1

6\. \[[PROFESSIONAL ASSOCIATIONS AND SIMILAR GROUPS](#ptXpar6)\] X-1

\[7.\] [MANAGEMENT-ASSOCIATION RELATIONSHIPS](#ptXpar7) \[X-2\]

\[8.\] [GENERAL LIMITATIONS](#ptXpar8) X-2

\[9.\] [PRIVILEGES AND STANDARDS](#ptXpar9) X-2

\[10.\] [CREDIT UNIONS](#ptXpar10) \[X-4\]

# 

# PART X. EMPLOYEE ORGANIZATIONS AND ACTIVITIES

**1.** []{#ptXpar1 .anchor}**SCOPE.** This part prescribes policies and
instructions concerning employee associations and other employee groups
of similar purpose or nature in VA, regardless of the name given the
organization. While credit unions come within this category, they are
subject to the special provisions of paragraph 9, rather than the other
provisions of this part.

**2.** []{#ptXpar2 .anchor}**REFERENCES.** 12 U.S.C. 1751-1775.

**3.** []{#ptXpar3 .anchor}**POLICY**

a\. VA recognizes that voluntary, cooperative activities by employees to
meet their mutual needs or interests, to serve their common welfare, or
to make their relationships and their employment more pleasant can
contribute substantially to a favorable work environment. VA therefore
looks with favor on such activities, and on democratically constituted
associations and similar groups voluntarily formed for those purposes.
Subject to the provisions of this chapter, an employee association or
similar group may engage in any activity in the interest of employees,
of the general type of those described in paragraph 4 but not limited to
those specifically mentioned therein, that its membership wishes to take
up.

b\. VA officials and employees, in their official capacities, will not
represent VA in any activity or function which is held in a facility
which segregates the races or excludes minority group participation.

**4.** []{#ptXpar4 .anchor}**TYPICAL ACTIVITIES.** Typical of the
activities appropriate for an employee association or similar group are
athletic, recreational, entertainment, social or cultural activities;
employee newspapers; welfare or emergency assistance funds; group
insurance other than Government-provided plans; and concessions (such as
for vending machines) which they may properly be authorized to operate.
These services are treated in more detail elsewhere in this manual.

**5.** []{#ptXpar5 .anchor}**EMPLOYEE ASSOCIATIONS AND SIMILAR GROUPS.**
The typical organization of this nature is composed of or open to all VA
employees in an installation. The payment of nominal dues may be a
requirement of membership. Normally, this organization is referred to as
an employee association, and engages in several activities or is formed
for specific or general purposes. Its individual activities may be
carried on directly by the association itself or by subordinate groups
therein. Groups may be formed for a limited purpose, either in the
absence of a typical association or separate from an existing one. This
chapter applies to all such groups as well as the typical associations,
even though references hereinafter are only to associations.

[]{#ptXpar6 .anchor}\[**6.      PROFESSIONAL ASSOCIATIONS AND SIMILAR
GROUPS. ** Activities appropriate for a professional association or
similar group are social, fraternal, or professional activities that may
include, but are not limited to, such things as continuing education,
training, and professional development.  Activities may not include
dealings ***that assume the character of negotiations*** with management
over personnel policies, practices, or matters involving conditions of
employment where an exclusive bargaining unit exists.\]

[]{#ptXpar7 .anchor}\[**7.**\] **MANAGEMENT-ASSOCIATION RELATIONSHIPS**

a\. Employee associations and their interests are essentially private
matters and their activities are private activities. Yet associations
are composed entirely of VA employees and are closely identified with
VA. The relationship between an association and local management is
therefore a cooperative one, based on mutual recognition of each
other\'s interests, responsibilities, rights, and limitations.

> b\. Local management consults with associations or employees wishing
> to start one, on their request, and makes available advisory
> assistance on such questions as organization, constitution, bylaws,
> finance, recreation, and publications. If there is sufficient evidence
> of employee interest, it is appropriate for management to help start
> an association or activity to meet a clear need. The human resources
> office will usually represent management in dealing with associations.

c\. VA gives encouragement, assistance, recognition, and privileges to
employee associations because of their services to employees and their
benefits to employee welfare and morale. At the same time, certain
safeguards are to be observed because VA is affected by the acts of its
employees and is concerned with their welfare and morale.

[]{#ptXpar8 .anchor}\[**8.**\] **GENERAL LIMITATIONS**

a\. The activities of an employee association shall be compatible with
applicable laws, regulations, VA and facility policies, and good
community relations.

b\. No use may be made of the name, sponsorship, facilities or activity
of VA by or for any employee association or recreational organization
practicing discrimination based on race, creed, color, national origin
or disability.

c\. The activities will be not represented, directly or implied, as
official activities of VA. The association\'s name, membership cards,
and publicity will be such as to make this clear.

d\. No funds appropriated to VA will be used for any employee
association activities.

e\. Restrictions on the use by employees of VA recreational facilities
and equipment, given elsewhere in this manual, shall include the use by
associations.

f\. Employee associations will not be recognized for the purpose of
presenting or considering individual personnel matters, grievances, or
appeals. (See VA Directive and Handbook 5023, Labor-Management
Relations.)

[]{#ptXpar9 .anchor}\[**9.**\] **PRIVILEGES AND STANDARDS**

a\. As long as an association is constituted and operated in accordance
with the standards listed below, it will not only be given encouragement
and cooperation but will be authorized to:

\(1\) Conduct meetings or activities outside working hours on VA
premises in accordance with arrangements with the Human Resources
Officer or other appropriate administrative official.

\(2\) Publicize its activities by the use of bulletin boards and by
circularizing employees.

\(3\) Exercise such other privileges which will not add any expense to
the Government or interfere with the regularly assigned duties of
employees or with VA\'s services to veterans.

\[(4) All employee associations and similar groups (as defined in
paragraph 5) shall be afforded access to VA facilities to post notices
and conduct appropriate activities on equal bases. Such access shall not
be unreasonably withheld.\]

b\. The standards for an association to be given such privileges are
that:

\(1\) It is democratically organized and operated and all employees in
the area for which it is established are eligible for membership at
their option.

\(2\) It provides full opportunity for all members to elect those who
conduct its affairs, and elections are held at sufficiently frequent
intervals to permit membership control. In addition, the typical
association usually will have a constitution and bylaws.

\(3\) It has a financial audit of its funds made annually by a qualified
person or persons not a part of the association management, and
furnishes the facility head a copy of the audit report.

\(4\) Full information about it is supplied its members.

\(a\) If there is a constitution and bylaws, each member will be
furnished copies of these documents including all changes. This may be
done by periodic publication.

\(b\) Members will be currently informed on its activities.

\(c\) An annual and adequate financial report will be prepared and will
either be posted on all bulletin boards or otherwise effectively brought
to the attention of all members.

\(5\) If there is a constitution and bylaws, copies thereof and of
changes therein shall be supplied the installation\'s human resources
office. Copies of activity and financial reports will also be supplied
the human resources office.

\(6\) The association must recognize that VA has a legitimate concern
with its operations, and provide local VA management with a reasonable
opportunity to discharge its responsibility.

\[c. All professional or qualifying employee associations (and similar
groups) must be given equal access for use of VA facilities to the
extent the access is granted to other professional or qualifying
employee associations (and similar groups) at a particular facility.\]

[]{#ptXpar10 .anchor}\[**10.**\] **CREDIT UNIONS**

a\. The credit union is one of the employee organizations looked upon
with favor, particularly whenever employees are interested in organizing
and operating one. Credit unions are to be chartered either under State
law or under the Federal Credit Union Act, 12 U.S.C. 1751-1775. This act
is administered by the National Credit Union Administration. Advice and
assistance with respect to the organization or operation of credit
unions may be secured either from the appropriate State agency or from
the National Credit Union Administration.

b\. In accordance with the provisions of 12 U.S.C. 1770, VA
installations may allot space for the transaction of credit union
business. In addition, credit unions may be permitted (1) to transact
business during working hours, provided there is no interference with
the performance of the employees\' official duties; (2) to publicize
their activities through the use of bulletin boards and by circularizing
individual employees; (3) to make incidental use of office equipment;
and (4) to exercise such other privileges as will not entail any expense
to the Government or disruption of the official activities of the office
or facility. The human resources management office will usually
represent management in dealing with credit unions.