[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR251.101]

[Page 87-88]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 251_AGENCY RELATIONSHIPS WITH ORGANIZATIONS REPRESENTING FEDERAL
EMPLOYEES AND OTHER ORGANIZATIONS--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 251.101  Introduction.


    (a) The regulations in this part 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., ideas, 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 or comparable provisions of other 
laws. The regulations in this part do not authorize any actions 
inconsistent with Chapter 71 of the U.S. Code or comparable provisions 
of other laws.
    (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 associations of management officials 
and/or supervisors 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. 205, in pertinent part, restricts Federal 
employees from acting, other than in the proper discharge of their 
official duties, as agents or attorneys for any person or

[[Page 88]]

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. An 
exception to the prohibition found in 18 U.S.C. 205 permits Federal 
employees to represent certain nonprofit organizations before the 
Government except in connection with specified matters. Agency officials 
and employees are therefore advised to consult with their designated 
agency ethics officials for guidance regarding any conflicts of interest 
that may arise.

[61 FR 32915, June 26, 1996, as amended at 63 FR 2306, Jan. 15, 1998]