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CHAPTER X-NATIONAL MEDIATION BOARD
(Part 900 to End)
Part 900-1199 [Reserved] 1200 Minimum standards of conduct for employees of the National Mediation
Board. 1201 Definitions. 1202 Rules of procedure. 1203 Applications for service. 1204 Labor contracts. 1205 Notices in re: Railway Labor Act. 1206 Handling representation disputes under the Railway Labor Act. 1207 Establishment of special adjustment boards. 1208 Availability of information.
ABBREVIATION: The following abbreviation is used in this chapter:
NMB=National Mediation Board.
Subpart B-Ethical Conduct and Responsibilities
of Employees 1200.735–20 Proscribed actions 1200.735–21 Guts, entertainment, and fa
vors. 1200.785–22 Outside employment and other
activity. 1200.735–23 Financial interests. 1200.785–24 Use of Government property. 1200.735–25 Misuse of information. 1200.785–26 Indebtedness.
Subpart Board Regulations Governing State
ments of Employment and Financial Interests 1200.735–40 Form and content of state.
Sec. 1200.73541 Employees required to submit
statements. 1200.735–41a Employee's complaint on fling
requirement. 1200.735-42 Employees not required to sub
mit statements. 1200.735-43 Time and place for submission
of employees' statements. 1200.735-44 Supplementary statements. 1200.735–45 Interests of employees' relatives. 1200.735–46 Information not known by em
ployees. 1200.735-47 Information prohibited. 1200.735–48 Confidentiality of employees'
statements. 1200.735–49 Effect of employees' statements
on other requirements. 1200.735-50 Specific provisions of Board
regulations for special Gov
ernment employees. AUTHORITY: The provisions of this Part 1200 issued under E.O. 11222 of May 8, 1965, 30 F.R. 6469, 3 CFR, 1965 Supp.; 5 CFR 735.104.
SOURCE: The provisions of this part 1200 appear at 32 F.R. 16827, Nov. 17, 1967, unless otherwise noted.
Subpart A Introduction $ 1200.735–1 General.
(a) The promulgation of these minimum standards of ethical conduct for employees and special Government employees of the National Mediation Board has as its objective the maintaining and reaffirming of the public's confidence in the activities of their Government. The regulations in this part are intended to act as the broad moral and ethical guideposts for employees of the Board and to supplement and verbalize the individual ethic and integrity of the employees affected. The avoidance of misconduct and conflict of interest on the part of Government employees and special Government employees through informed judgment is indispensable to the maintenance of these standards.
(b) The elimination of conflicts of interests in the Federal service is one of the most important objectives in establishing general standards of conduct. A conflict-of-interest situation may be defined as one in which a Federal employee's private interest, usually of an economic nature, conflicts or raises a redsonable question of conflict with his public duties and responsibilities. The potential conflict is of concern whether it is real or only apparent.
(c) The fallure of an employee to observe the basic principles of good conduct, ethics, and integrity will result in immediate adverse or disciplinary action of a severity in keeping with the offense committed and in accordance with equitable administrative practice.
(d) These standards are established in conformity with Part 735 of Title 5 of the Code of Federal Regulations. & 1200.735–2 Interpretation and advi
sory service. It shall be the practice of the National Mediation Board to appoint as counselor for the agency one of the members of the Board itself. Based upon the experience, usually legal, and position of such individual, employees of the Board will more naturally express complete personal confidence in such a counselor. This individual shall coordinate the Board's counseling services, which seryices shall be brought to the attention of the Board's employees and special Government employees within 90 days after the approval of the agency's regulations by the Commission. In the case of new employees, notification of the availability of counseling services shall be effected upon their entrance on duty. § 1200.735–3 Reviewing statements and
reporting conflicts of interest. (a) When a statement submitted or information from other sources indicates a conflict between the interests of an employee or special Government employee and the performance of his services for the Government, and when the conflict or appearance of conflict is not resolved at a lower level, the information concerning the conflict or appearance of the conflict shall be reported to the Board through the counselor for the Board.
(b) The employee or special Government employee concerned shall be provided an opportunity to explain the conflict or appearance of conflict. & 1200.7354 Disciplinary and other re
medial action. (a) A violation of the regulations in this part by an employee or special Government employee may be cause for appropriate disciplinary action which may be in addition to any penalty prescribed by law.
(b) When after consideration of the explanation of the employee or special Government employee the Board decides that remedial action is required, immediate action shall be taken to end the conflicts or appearance of conflicts of interest. Remedial action may include, but is not limited to:
(1) Change in assigned duties;
(2) Divestment by the employee or special Government employee of his conflicting interest;
(3) Disciplinary action; or
(4) Disqualification for a particular assignment.
(c) Remedial action, whether disciplinary or otherwise, shall be effected in accordance with any applicable laws, Executive orders, and regulations. Subpart B-Ethical Conduct and
Responsibilities of Employees $ 1200.735–20 Proscribed actions.
(a) An employee shall avoid any action, whether or not specifically prohibited by this subpart, which might result in or create the appearance of:
(1) Using public office for private gain;
(2) Giving preferential treatment to any person;
(3) Impeding Government efficiency or economy;
(4) Losing complete independence or impartiality;
(5) Making a Government decision outside of official channels; or
(6) Affecting adversely the confidence of the public in the integrity of the Government. § 1200.735–21 Gifts, entertainment, and
favors. (a) An employee shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value from a person who:
(1) Has, or is seeking to obtain, contractual or other business of financial relations with the Board;
(2) Conducts operations or activities that are regulated by the Board; or
(3) Has interests that may be substantially affected by the performance or nonperformance of his official duty.
(b) The restrictions set forth in paragraph (a) of this section do not apply to:
(1) Obvious family or personal relationships when the circumstances make it clear that it is those relationships rather than the business of the persons concerned which are the motivating
(2) The acceptance of food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon or dinner meeting or other meeting or during an investigation where an employee may be properly in attendance;
(3) The acceptance of loans from banks or other financial institutions on customary terms to finance proper and usual activities of employees, such as home mortgage loans; and
(4) The acceptance of unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars, and other items of nominal intrinsic value.
(d) An employee shall not solicit a contribution from another employee for a gift to an official superior, make a donation as a gift to an official superior, or accept a gift from an employee receiving less pay than himself (5 U.S.C. 7351). However, this paragraph does not prohibit a voluntary gift of nominal value or donation in a nominal amount made oil a special occasion such as marriage, illness, or retirement.
(e) An employee shall not accept a gift, present, decoration, or other things from a foreign government unless authorized by Congress as provided by the Constitution and in Public Law 89-673, 80 Stat. 952.
(f) Neither this section nor $ 1200.735– 22 precludes an employee from receipt of bona fide reimbursement, unless prohibited by law, for expenses of travel and such other necessary subsistence as is compatible with this part for which no Government payment or reimbursement is made. However, this paragraph does not allow an employee to be reimbursed, or payment to be made on his behalf, for excessive personal living expenses, gifts, entertainment or other personal benefits, nor does it allow an employee to be reimbursed by a person for travel on official business under Board orders when reimbursement is proscribed by Decision B-128527 of the Comptroller General dated March 7, 1967. $ 1200.735–22 Outside employment and
other activity. (a) An employee shall not engage in outside employment, or other outside activity not compatible with the full and proper discharge of the duties and re
sponsibilities of his Government employment. Incompatible activities include but are not Ümited to:
(1) Acceptance of a fee, compensation, gift, payment of expense, or any other thing of monetary value in circumstances in which acceptance may result in, or create the appearance of, conflicts of interest; or
(2) Outside employment which tends to impair his mental or physical capacity to perform his Government duties and responsibilities in an acceptable manner.
(b) An employee shall not receive any salary or anything of monetary value from a private source as compensation for his services to the Government.
(c) Employees are encouraged to engage in teaching, lecturing and writing that is not prohibited by law, the Executive order, or the Board regulations. However, an employee shall not, either for or without compensation, engage in teaching, lecturing, or writing, including teaching, lecturing, or writing for the purpose of the special preparation of a person or class of persons for an examination of the Commission or Board of Examiners for the Foreign Service, that depends on information obtained as a result of his Government employment, except when that information has been made available to the general public or will be made available on request, or when the Board gives written authorization for use of nonpublic information on the basis that the use is in the public interest. In addition, an employee who is a Presidential appointee covered by section 401(a) of Executive Order 11222 shall not receive compensation or anything of monetary value for any consultation, lecture, discussion, writing, or appearance, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the Board, or which draws substantially on official data or ideas which have not become part of the body of public information. [32 F.R. 15827, Nov. 17, 1967, as amended at 33 F.R. 11816, Aug. 21, 1968]
$ 1200.735–23 Financial interests.
(a) An employee shall not:
(1) Have a direct or indirect financial interest that conflicts substantially, or appears to conflict substantially, with his Governmental duties and responsibilities; or
(2) Engage in, directly or indirectly, a financial transaction as a result of, or primarily relying on, information obtained through his Government employment.
(b) An employee is not precluded from having a financial interest or engaging in financial transactions to the same extent as a private citizen not employed by the Government so long as it is not prohibited by law, the Executive order or the Board regulations in this part. & 1200.735–24 Use of Government prop
erty. An employee shall not directly or indirectly use, or allow the use of, Government property of any kind, including property leased to the Government, for other than oficially approved activities. An employee has a positive duty to protect and conserve Government property, including equipment, supplies, and other property entrusted or issued to him. § 1200.735–25 Misuse of information.
For the purpose of furthering a private interest, an employee shall not, directly or indirectly use, or allow the use of, official information obtained through or in connection with his Government employment which has not been made available to the general public. 8 1200.735–26 Indebtedness.
An employee shall pay each just financial obligation in a proper and timely manner, especially one imposed by law such as Federal, State, or local taxes. A “just financial obligation" means one acknowledged by the employee or reduced to judgment by a court, and “in a proper and timely manner" means in a manner which the Board determines does not, under the circumstances, reflect adversely on the Government as his employer. In the event of dispute between an employee and an alleged creditor, the Board is not required to determine the validity or amount of the disputed debt.
$ 1200.735–27 Gambling, betting, and
lotteries. An employee shall not participate, while on Government owned or leased property or while on duty for the Government, in any gambling activity including the operation of a gambling device, in conducting a lottery or pool, in a game for money or property, or in selling or purchasing a numbers slip or ticket. 8 1200.735-28 General conduct preju
dicial to the Government. An employee shall not engage in criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the Government. $ 1200.735–29 Miscellaneous statutory
provisions. Each employee shall acquaint himself with each statute that relates to his ethical and other conduct as an employee of the Board and of the Government. The following statutory provisions are to be noted:
(a) House Concurrent Resolution 175, 85th Congress, 2d session, 72 Stat. B12, the “Code of Ethics for Government Service.”
(b) Chapter 11 of title 18, U.S.C., relating to bribery, graft, and conflicts of interest, as appropriate to the employees concerned.
(c) The prohibition against lobbying with appropriated funds (18 U.S.C. 1913).
(d) The prohibitions against disloyalty and striking (5 U.S.C. 7311, 18 U.S.C. 1918).
(e) The prohibition against the employment of a member of a Communist organization (50 U.S.C. 784).
(f) The prohibitions against:
(1) The disclosure of classified information (18 U.S.C. 798,50 U.S.C. 783), and
(2) The disclosure of confidential information (18 U.S.C. 1905).
(g) The provisions relating to the habitual use of intoxicants to excess (5 U.S.C. 7352).
(h) The prohibition against the misuse of a Government vehicle (31 U.S.C. 638a(c)).
(i) The prohibition against the misuse of the franking privilege (18 U.S.C. 1719).
(j) The prohibition against the use of deceit in an examination or personnel action in connection with Government employment (18 U.S.C. 1917).
(k) The prohibition against fraud or false statements in a Government matter (18 U.S.C. 1001).
(1) The prohibition against mutilating or destroying a public record (18 U.S.C. 2071).
(m) The prohibition against counterfeiting and forging transportation requests (18 U.S.C. 508).
(n) The prohibitions against:
(1) Embezzlement of Government money or property (18 U.S.C. 641);
(2) Failing to account for public money (18 U.S.C. 643); and
(3) Embezzlement of the money or property of another person in the possession of an employee by reason of his employment (18 U.S.C. 654).
(0) The prohibition against unauthorized use of documents relating to claims from or by the Government (18 U.S.C. 285).
(p) The prohibition against prescribed political activities in Subchapter III of Chapter 73 of Title 5, United States Code and 18 U.S.C. 602, 603, 607, and 608.
(q) The prohibition against an employee acting as an agent of a foreign principal registered under the Foreign Agents Registration Act (18 U.S.C. 219). Subpart C—Board Regulations Gov
erning Ethical and Other Conduct and Responsibilities of Special Gov
ernment Employees $ 1200.735–30 Special provisions of
Board regulations. Special Government employees, including those individuals categorized as WAE (When as employed), shall be put on actual notice regarding section 5, Third (a), and 7, Third (d) of the Railway Labor Act, 45 U.S.C. Chapter 8, which provide that arbitrators appointed by the Board shall be impartial without bias and disinterested. These Board appointed arbitrators or neutrals shall be further notified of the intent of Executive Order 11222 governing conflict of interests and ethical standards of Government employees. $ 1200.735–31 Use of Government em
ployment. A special Government employee shall not use his Government employment for a purpose that is, or gives the appearance of being, motivated by the desire for private gain for himself or another