(a) Receipt of bona fide reimbursement, unless prohibited by law, for actual expenses for travel and such other necessary subsistence as is compatible with the standards in this part, and for which no Government payment or reimbursement is made (since authority for payment of travel and subsistence to attend meetings is derived from the Government Employees Training Act, see Title 4, item 2022 of the NLRB Administrative Policies and Procedures Manual). However, this provision 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 agency orders when reimbursement is proscribed by Decision B-128527 of the Comptroller General dated March 7, 1967;

(b) Participating in the activities of National or State political parties insofar as such participation is not proscribed by law;

(c) Participating in affairs of or accepting an award for a meritorious public contribution or achievement given by a charitable, religious, professional, social, fraternal, nonprofit educational or recreational, public service, or civic organization; or

(d) Attending, participating in or speaking at special meetings conducted by labor or management organizations or associations thereof where the subject matter relates to the functions or specializations of the Agency; provided such attendance or participation has been approved by the employee's respective Regional Director, Division Chief, or equivalent who is generally responsible for clearing such matters with the Board or General Counsel as appropriate.

§ 100.735-15 Special additional requirements for Presidential appointees. Board Members and the General Counsell (a) shall not engage in any other business, vocation, or employment, and (b) 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 NLRB, or which draws substantially on official data or ideas which have not become part of the body of public information.

(a) General provisions. Under Title 18 of the United States Code entitled Crimes and Criminal Procedure, section 208, provisions of this section apply to all employees whether or not they are required to report under Subpart C of this part. Employees shall not have direct or indirect financial interests that conflict substantially or appear to conflict substantially with their duties and responsibilities as Federal employees or engage, directly or indirectly, in financial transactions as a result of, or primarily relying upon, information obtained through their employment and not available to the public. However, this section does not preclude an employee 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, Executive order, or the regulations in this part.

(b) Limitations where financial or other interests are involved. Except as permitted under paragraph (d) of this section, no employee shall participate in any case, proceeding, or other matter before the Agency whenever to his knowledge he, his spouse, minor child, or relative residing in his household is associated with, has a financial interest in, or is seeking employment with, any outside person who has a direct interest in such case, proceeding, or other matter.

(c) Disclosures of financial or other interests. Upon assignment of any case, proceeding, or other matter in which the employee has an interest as described in paragraph (b) of this section, the employees shall complete Form NLRB-4573 (revised) and forward it as follows:

(1) Employees under the General Counsel to their Regional Director, division, branch, or office chief or the equivalent,

(2) Employees on the staff of a Board Member to their respective Board Members or his designee,

(3) Washington Trial Examiners to the Chief Trial Examiner or his associates,

(4) San Francisco Trial Examiners to the Associate Chief Trial Examiner, San Francisco, and

(5) Other employees under the Board to their division, branch, or office chief. In the absence of any of the above officials, the person officially acting in the

An employee is prohibited from directly or indirectly using or allowing the use of Government property of any kind, including property leased to the Government, for other than officially approved activities. An employee has the positive duty to protect and conserve Government property, including equipment, supplies, and other property entrusted or issued to him.

§ 100.735-18 Misuse of information.

Except as permitted in § 100.735-13 (c) (1), no employee may directly or indirectly use or allow the use of official information obtained through or in connection with his employment with the Agency which has not been made available to the general public, for the purpose of furthering any private interest. § 100.735-19

Indebtedness.

An employee shall pay each just financial obligation including those imposed by laws in a proper and timely manner. For the purpose of this section, 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 Agency determines does not, under the circumstances, reflect adversely on the Government as an employer. In the event of a dispute between an employee and an alleged creditor, this section does not require the Agency to determine the validity or amount of the disputed debt. Nevertheless, it is the employee's responsibility to make a reasonable effort to resolve the dispute in a timely manner.

§ 100.735-20 Gambling, betting, and lotteries.

An employee is prohibited from participating 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.

§ 100.735-21 General conduct prejudicial to the Government.

An employee is prohibited from engaging in criminal, infamous, dishonest, im

moral, or notoriously disgraceful conduct, or other conduct prejudicial to the Government.

§ 100.735-22

Miscellaneous statutory

and nonstatutory provisions.

In order that each employee may acquaint himself with each statute and other provision that relates to his ethical and other conduct, the text of the following are reprinted in the appendix of the National Labor Relations Board Administrative Policies and Procedures Manual for review.

(a) House Concurrent Resolution 175, 85th Congress, 2d session, 72 Stat. B 12, the Code of Ethics for Government Service.

(b) The prohibition against bribery of public officials (18 U.S.C. 201).

(c) The prohibition against receiving compensation for claims, contracts, etc. (18 U.S.C. 203).

(d) The prohibition against prosecuting claims against and other matters affecting the Government (18 U.S.C. 205).

(e) The prohibition against prosecuting claims involving matters connected with former duties-disqualification of partners (18 U.S.C. 207).

(f) The prohibition against an interested person acting as a Government agent (18 U.S.C. 208).

(g) The prohibition against salaries or contributions from other than Government sources (18 U.S.C. 209).

(h) The prohibition against acceptance or solicitation to obtain public office (18 U.S.C. 211).

(i) The prohibition against lobbying with appropriated funds (18 U.S.C. 1913).

(j) The prohibition against disloyalty and striking (5 U.S.C. 7311, 18 U.S.C. 1918).

(k) The prohibition against employment of member of Communist organization (50 U.S.C. 784).

(1) The prohibition against disclosing of classified information (18 U.S.C. 798). (m) The prohibition against disclosing of confidential information (18 U.S.C. 1905).

(n) The prohibition relating to the habitual use of intoxicants to excess (5 U.S.C. 7352).

(0) The prohibition against the misuse of Government vehicles (31 U.S.C. 638a(c)).

(p) The prohibition against the misuse of franking privilege (18 U.S.C. 1719).

(q) The prohibition against the use of deceit in an examination or personnel action in connection with Government employment (18 U.S.C. 1917).

(r) The prohibition against fraud and false statement (18 U.S.C. 1001).

(s) The prohibition against mutilating or destroying public records (18 U.S.C. 2071).

(t) The prohibition against counterfeiting and forging transportation requests (18 U.S.C. 508).

(u) The prohibition against embezzlement and theft of Government money, property, or records (18 U.S.C. 641).

(v) The prohibition against failure to account for public money (18 U.S.C. 643). (w) The prohibition against wrongfully converting property of another (18 U.S.C. 654).

(x) The prohibition against unauthorized use of documents relating to duties (18 U.S.C. 285).

(y) The prohibition against political activities in subchapter III of chapter 73 of title 5, United States Code.

(z) The prohibition against solicitation of political contributions (18 U.S.C. 602).

(aa) The prohibition against solicitation of political contributions in Federal buildings (18 U.S.C. 603).

(bb) The prohibition against making political contributions (18 U.S.C. 607). (cc) The prohibition limiting political contributions and purchases (18 U.S.C. 608).

(dd) The prohibition against Board Members and the General Counsel engaging in any other business, vocation, or employment (L.M.R.A., 1947 as

amended).

(ee) The prohibition of practice before the Board of former employees (Subpart L, secs. 102.119 and 102.120, NLRB Rules and Regulations, Series 8).

(ff) The prohibition against an employee acting as the agent of a foreign principal registered under the Foreign Agents Registration Act (18 U.S.C. 219). Subpart C-Statements of Employment and Financial Interests Required of Certain Employees

$ 100.735-31 General provisions.

Employees generally shall inform the Agency through the supervisory structure of any employment or financial interests that creates or may give the appearance of creating a conflict of interest with normal work assignments or with a

specific assignment. (See § 100.735-16.) In addition, incumbents of positions listed in § 100.735-32(a) shall submit Form NLRB 4664 in the manner prescribed in that section.

§ 100.735-32 Who must report.

(a) Employees listed below shall submit Form NLRB-4664 directly to the Chairman, Board Members, General Counsel, Chief Trial Examiner (for Washington Trial Examiners), or Associate Chief Trial Examiner, San Francisco (for San Francisco Trial Examiners), as appropriate.

(1) Regional Directors.

(2) Officers-in-Charge of Subregions. (3) Deputy Associate General Counsel, Division of Operations.

(4) Director, Office of Appeals. (5) Chief, General Services Branch. (6) Executive Assistant to the Director, Division of Administration.

(7) All employees at grade GS-16 and above.

(b) Any other employee who normally substitutes in periods of absence of those employees set forth in (a) above may elect to file for an advance determination under 100.735-16 hereof, which is based upon Title 18 of the United States Code, entitled Crimes and Criminal Procedure, section 208.

(c) Employees may obtain a review of the Agency's decision that they file a statement of financial and other interests through the Agency grievance procedure. (See NLRB Administrative Policies and Procedures Manual, Title 6, item 2460.)

§ 100.735-33 Initial submission of employee statements.

Each employee designated in § 100.73532(a) shall submit his initial "statement" no later than 90 days after the effective date of this part if employed on or before that date. If a designated employee enters on duty after the effective date of this part, he shall report within 30 days after entrance on duty; however, no employee is required to report sooner than 90 days after the effective date. § 100.735-34 Annual requirement. or Changes in, additions to, the information contained in an employee's statement of employment and financial interests shall be reported in a supplementary statement as of September 30, 1967, and as of June 30 each year thereafter, except when the Civil Service Commission authorizes a different date.

For the purpose of this report, "interests" include, in addition to those of the employee:

(a) Interests of employee's relatives. The interest of a spouse, minor child, or other relative of an employee's immediate household is considered to be an interest of the employee.

(b) Interests not known by the employee. In circumstances where information regarding interests is not known to the employee but known to another person, such as, but not limited to holdings placed in trust, the employee shall request that other person to submit such information in his behalf.

§ 100.735-37 Information not required. Employees need not submit in a statement of employment and financial interests or supplementary statement any information about the employee's connection with or interest in a professional society or a charitable, religious, social, fraternal, recreational, public service, civic, or political organization not conducted as a business enterprise. For this purpose, educational and other institutions doing research and development or related work involving grants of money from or contracts with the Government are considered business enterprises and are required to be included in an employee's statement of employment and financial interests. § 100.735-38

Confidentiality of employ

A special Government employee of the National Labor Relations Board shall not use his employment for a purpose that is, or gives the appearance of being, motivated by the desire for private gain for himself or another person, particularly one with whom he has family, business, or financial ties.

§ 100.735-43 Use of inside information.

A special Government employee of the National Labor Relations Board shall not use inside information obtained as a result of his employment with the Agency for private gain for himself or another person either by direct action on his part or by counsel, recommendation, or suggestion to another person, particularly one with whom he has family, business, or financial ties. "Inside Information" means information obtained under Agency or Government authority which has not become part of the body of public information. The above does not preclude the special Government employee from teaching, lecturing, or writing in a manner not inconsistent with the provisions of § 100.735-13.

A special Government employee, while so employed or in connection with his employment, is prohibited from receiving or soliciting from a person having business at the Agency anything of value as a gift, gratuity, loan, entertainment, or favor for himself or another person, particularly one with whom he has family, business, or financial ties, except for situations clearly falling within the scope of 100.735-12(b).

§ 100.735-46 Statement of employment and financial interests.

(a) In addition to the requirements of § 100.735-16, special Government employees are to submit Form NLRB 4664a, "Statement of Employment and Financial Interests for Special Government Employees," which shall show all other employment; and such financial interests which the Agency determines are relevant in light of the duties the special Government employee is to perform.

(b) The Agency may waive the requirement of paragraph (a) of this section for a special Government employee who is not a consultant or an expert when the Agency determines that the duties of the position held by a special Government employee are of such a nature and at such a level of responsibility that the submission of the statement by the incumbent is not necessary to protect the integrity of the Government. For the purpose of this paragraph, "consultant" and "expert" have the meanings given those terms by chapter 304 of the Federal Personnel Manual.

(c) The above statement must be submitted no later than the time of employment of the special Government employee. By the submission of supplementary statements, each special Government employee is required to keep his statement current throughout his employment with the Agency.

(d) The requirements of paragraph (a) of this section are waived for special Government employees occupying the position of Election Clerk (WAE) GS-5 and Election Examiner (WAE) GS-7 as the duties of those positions are of such a nature and such a level of responsibility that the submission of the statement is not necessary to protect the integrity of the Government.

Each special Government employee of the Agency has a positive duty to acquaint himself with each statute that relates to his ethical and other conduct. See all of § 100.735-22, Miscellaneous statutory and nonstatutory provisions (copies of various statutes, etc., included in this listing are reprinted in the appendix to the National Labor Relations Board Administrative Policies and Procedures Manual), and especially:

(a) The prohibition against receiving compensation for claim, contracts, etc. (18 U.S.C. 203).

(b) The prohibition against prosecuting claims against and other matters affecting the Government (18 U.S.C. 205).

(c) The prohibition against prosecuting claims involving matters connected with former duties-disqualification of partners (18 U.S.C. 207).

(d) The prohibition against an interested person acting as a Government agent (18 U.S.C. 208).