[Federal Register Volume 62, Number 211 (Friday, October 31, 1997)]
[Rules and Regulations]
[Pages 58906-58907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28926]


=======================================================================
-----------------------------------------------------------------------

NATIONAL LABOR RELATIONS BOARD

29 CFR Part 102


Post-employment Restrictions on Agency Employees

AGENCY: National Labor Relations Board.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The National Labor Relations Board (NLRB) is repealing its 
current Agency-specific regulations which restrict practice before the 
Agency by former NLRB employees and substituting therefor a new rule 
which references the executive branch-wide post-employment restrictions 
imposed by 18 U.S.C. 207.

EFFECTIVE DATE: October 31, 1997.

FOR FURTHER INFORMATION CONTACT:
John J. Toner, Executive Secretary, National Labor Relations Board, 
1099 14th Street, NW, Room 11600, Washington, DC 20570. Telephone: 
(202) 273-1940.

SUPPLEMENTARY INFORMATION: Executive Order 12674 (April 12, 1989), as 
modified by Executive Order 12731 (October 17, 1990), authorizes the 
Office of Government Ethics (OGE), in consultation with the Attorney 
General and the Office of Personnel Management, to issue regulations 
that ``establish a single, comprehensive, and clear set of executive-
branch standards of conduct that shall be objective, reasonable, and 
enforceable.'' The Executive Order further authorizes OGE, with the 
concurrence of the Attorney General, to issue regulations interpreting 
18 U.S.C. 207-209.
    Pursuant to this authority and similar authority granted OGE by the 
Ethics Reform Act 1989, on August 7, 1992, OGE published new Standards 
of Ethical Conduct for Employees of the Executive Branch (Standards). 
See 57 FR 35006-35067, as corrected at 57 FR 48557, 57 FR 52583, and 60 
FR 51667, and amended at 61 FR 42965-42970 (as corrected at 61 FR 
48733) and 61 FR 50689-50691, with additional grace period extensions 
at 59 FR 4779-4780, 60 FR 6390-6391, 60 FR 66857-66858, and 61 FR 
40950-40952. The Standards, codified at 5 CFR part 2635, became 
effective February 3, 1993, and established uniform standards of 
ethical conduct that apply to all executive branch personnel, 
superseding most agency-specific standards of conduct. Accordingly, on 
July 21, 1994, the NLRB issued a final rule repealing certain 
provisions of its own regulations governing employee responsibilities 
and conduct codified at 29 CFR part 100

[[Page 58907]]

which had been superseded by the new Standards. See 59 FR 37157.
    OGE has not yet issued new regulations implementing 18 U.S.C. 207, 
as amended by the Ethics Reform of 1989, pursuant to its authority 
under that Act and the Executive Orders 12674 and 12731. However, OGE 
indicated in its notice of the new Standards that it expects to do so. 
Further, OGE has since advised the Agency that to the extent the NLRB's 
current post-employment regulations set forth in sections 102.119 and 
102.120 if the Board's rules are more restrictive than 18 U.S.C. 207, 
as amended by the Ethics Reform Act of 1989, they are unenforceable as 
to any employees leaving the Agency on or after January 1, 1991, the 
effective date of the 1989 amendments to that statute. Accordingly, the 
Board is repealing those regulations, and substituting therefor a 
reference to 18 U.S.C. 207.

Regulatory Requirements

    This rule merely conforms current regulations to statutory 
requirements, affects only former Agency employees, relates solely to 
agency organization, procedure and practice, and will not have a 
significant impact on a substantial number of small businesses or 
impose any information collecting requirements. Accordingly, the Agency 
finds that prior notice and comment is not required for these rules and 
that good cause exists for waiving the general requirement of delaying 
the effective date under the Administrative Procedure Act (5 U.S.C. 
553), and that the rules are not subject to the Regulatory Flexibility 
Act (5 U.S.C. 601), Small Business Regulatory Enforcement Act (5 U.S.C. 
801), Paperwork Reduction Act (44 U.S.C. 3501), or Executive Order 
12866.

List of Subjects in 29 CFR Part 102

    Administrative practice and procedure, Labor management relations.

    For reasons set forth above, 29 CFR part 102 is amended as follows:

PART 102--RULES AND REGULATIONS

    1. The authority citation for 29 CFR part 102 continues to read as 
follows:

    Authority: Section 6, National Labor Relations Act, as amended 
(29 U.S.C. 151, 156). Section 103.117(c) also issued under Section 
552(a)(4)(A) of the Freedom of Information Act, as amended (5 U.S.C. 
552(a)(4)(A)). Sections 102.143 and 102.155 also issued under 
Section 504(c)(1) of the Equal Access to Justice Act, as amended (5 
U.S.C. 504(c)(1)).

    2. Subpart L is revised to read as follows;

Subpart L--Post-employment Restrictions on Activities by Former 
Officers and Employees


Sec. 102.119  Post-employee restrictions on activities by former 
Officers and employees.

    Former officers and employees of the Agency who were attached to 
any of its Regional Offices or the Washington staff are subject to the 
applicable post-employment restrictions imposed by 18 U.S.C. 207. 
Guidance concerning those restrictions may be obtained from the 
Designated Agency Ethics Officer and any applicable regulations issued 
by the Office of Government Ethics.

    Dated, Washington, D.C., October 28, 1997.

    By direction of the Board.
John J. Toner,
Executive Secretary.
[FR Doc. 97-28926 Filed 10-30-97; 8:45 am]
BILLING CODE 7545-01-M