[Federal Register: October 2, 1995 (Volume 60, Number 190)]
[Proposed Rules]               
[Page 51371-51373]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02oc95-17]

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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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[[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