[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1400.735-12]

[Page 33-35]
 
                             TITLE 29--LABOR
 
                        AND CONCILIATION SERVICE
 
PART 1400--STANDARDS OF CONDUCT, RESPONSIBILITIES, AND DISCIPLINE--Table of Contents
 
  Subpart B--Employees: Ethical and Other Conduct and Responsibilities
 
Sec. 1400.735-12  Outside employment, business activities, or interests (paid or unpaid).


    (a) Outside employment. (1) An employee shall not engage in outside 
employment or other outside activity not compatible with the full and 
proper discharge of the duties and responsibilities of his Government 
employment.
    (2) Outside employment limitations in paragraph (a)(1) of this 
section do not preclude an employee from:
    (i) Receipt of a bona fide reimbursement, unless prohibited by law, 
for actual expenses for 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 agency order.
    (ii) Participation in the acitivities of national or State political 
parties not prohibited by law.
    (iii) Participation in the affairs of, or acceptance of an award for 
a meritorious public contribution or achievement given by a charitable, 
religious, professional, social, fraternal, nonprofit educational and 
recreational, public service, or civic organization.
    (3) Incompatible activities referred to in paragraph (a)(1) of this 
section include, but are not limited to:
    (i) 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 interests; or
    (ii) Outside employment if it is determined that engaging in the 
proposed outside activity might:

[[Page 34]]

    (a) Influence or conflict with the employee's decisions or actions 
in planning, interpreting, or executing policies, programs, and work 
assignments of the Service;
    (b) Injure relations of the Service with the public;
    (c) Impair the employee's physical capacity to render proper and 
efficient service at all times;
    (d) Interfere with the impartial performance or jeopardize 
acceptability of the employee in his work;
    (e) Conflict with the employee's normal office hours, including an 
allowance for sufficient time for travel to place of outside employment 
or activity. (Normal office hours will be considered as those which are 
established for the specific office in which the employee works.) In the 
absence of extenuating circumstances, approval generally will not be 
granted where the outside activity requires presence of the employee 
prior to 6 p.m.
    Note: Teaching activities are not approved automatically, but rather 
on the basis of time required, appropriate subject matter, etc.
    (4) The Service, as a matter of policy, does not look upon any 
outside employment or business activity, including concurrent employment 
by the Federal Mediation and Conciliation Service and any other 
Governmental political subdivision or agency, as being consistent with 
the best interests of the Service.
    (5) Employees may not engage in any outside employment, including 
teaching, lecturing, or writing, which might reasonably result in a 
conflict of interest, or an apparent conflict of interest, between the 
private interests of the employee and his official government duties and 
responsibilities. No employee shall directly or indirectly accept, 
engage in, or continue in any outside employment or business activity, 
full- or part-time, paid or unpaid, without advance written approval 
(including teaching or lecturing).
    (b) Private compensation. An employee shall not receive any salary 
or anything of monetary value from a private source as compensation for 
his services to the Government (18 U.S.C. 209).
    (c) Teaching, writing and lecturing. (1) Teaching, writing and 
lecturing by Federal employees are generally to be encouraged so long as 
the laws, general standards, and regulations pertaining to conflicts of 
interest and the standards and regulations in this part applying to 
outside employment are observed. Teaching commitments will generally be 
limited to one class, course, or assignment during a concurrent period. 
These activities frequently serve to enhance the employee's value to the 
Service, as well as to increase the spread of knowledge and information 
in our society. Such activities, if remuneration is anticipated, must 
not be dependent on information obtained as a result of the employee's 
official government position if such information is not available to 
others, at least on request.
    (2) This provision does not, of course, prevent the Director from 
authorizing an employee to base his writings or lectures on nonpublic 
materials in the Federal Mediation and Conciliation Service files (not 
involving national security) when this will be done in the public 
interest. Personal research relating to mediation, collective bargaining 
and labor management relations is encouraged as a progressive step in 
self-development. The writing of articles in this area, which may be 
released or submitted for publication, is also encouraged. Research and 
writing are not considered official activity, and therefore may not be 
undertaken on duty time; and the author may receive compensation for 
publication thereof. Advance approval by the Director, before 
undertaking the research or writing, is not required. However, when such 
research is undertaken, or such article is being written on the basis of 
an official assignment, the work will be performed on duty time and the 
product will be the property of the Service.
    (3) If any type of article, when published or released, will 
identify the author in any manner as an employee of the Service, such 
identification necessarily implies that the article reflects either the 
official policy or the philosophies of the Service. For that reason, it 
must be submitted to the Director before release or publication, or it 
must contain a disclaimer phrase to the effect that the article or 
statement

[[Page 35]]

does not necessarily reflect the official policy or philosophies of the 
Service.
    (d) Procedure for approval of outside employment or teaching. 
Clerical and administrative employees' approval for outside activity 
shall be in writing and may be granted by the Regional Director, if a 
regional employee, or by the Director of Administrative Management, if a 
national office employee. Approval for such outside activity for all 
other employees of the Service shall be granted by the Director or his 
designee. Requests for approval shall be made in writing through the 
employee's supervisor and must contain the following:
    (1) The name and address of the employer or business activity;
    (2) The exact nature of the work or employment;
    (3) Working hours.

[33 FR 5765, Apr. 13, 1968, as amended at 58 FR 35377, July 1, 1993]