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The Commission authorizes the exceptions to 5 CFR 735.202(a) set forth in 5 CFR 735.202(b) (1)-(4). No other exceptions are authorized.

§ 2300.735-105 Outside employment and other activity.

(a) An employee of the Commission may engage in outside employment or other outside activity not incompatible with the full and proper discharge of the duties and responsibilities of his Government employment as set forth in § 735.203 of this title adopted by $2300.735-101. An employee who desires to engage in outside employment shall obtain approval in advance of such employment from the Executive Director of the Commission.

§ 2300.735-106 Specific provisions of Commission regulations governing special Government employees.

(a) Special Government employees of the Commission shall adhere to the standards of conduct applicable to employees as set forth in these regulations and adopted under § 2300.735-101, except that special Government employees need not obtain approval in advance of outside employment as required by § 2300.735-105 hereof.

(b) Special Government employees of the Commission may teach, lecture, or write in a manner not inconsistent with 5 CFR 735.203(c).

(c) Pursuant to 5 CFR 735.305 (b), the Commission authorizes the same exceptions concerning gifts, entertainments, and favors for special Government employees as are authorized for employees by section 2300.735-104.

§ 2300.735-107 Statements of employment and financial interest.

(a) In addition to the employees required to submit statements of employment and financial interest under 5 CFR 735.403 (a), employees in the following positions in grade GS-13 and above shall submit statements of employment and financial interest:

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Notwithstanding the filing of the annual supplementary statement required by 5 CFR 735.406, each employee shall at all times avoid acquiring a financial interest that could result, or taking an action that would result, in a violation of the conflicts-of-interest provisions of section 208 of title 18, United States Code, these regulations, or the regulations adopted under § 2300.735-101.

§ 2300.735-109 Commission regulations governing statements of employment and financial interest of special Government employees.

All special Government employees of the Commission are required to submit statements of employment and financial interest.

§ 2300.735-110 Statutory and miscellaneous provisions.

(a) Pursuant to Public Law 90-146 no employee or special Government employee of the Commission's staff shall disclose data or information relating to the business transactions, trade secrets, or names of customers of any person, corporation or organization that is received pursuant to the conduct of any study or investigation of this Commission.

(b) No employee or special Government employee shall disclose any information concerning the safety, hazards, or quality of products or procedures of any person, corporation, or organization which has been received in confidence pursuant to the conduct of any study or investigation of this Commission unless such information has been released officially to the public by the Commission or unless such release has been authorized by the Commission.

CHAPTER XIV-FEDERAL LABOR RELATIONS COUNCIL AND FEDERAL SERVICE IMPASSES PANEL'

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SUBCHAPTER B-FEDERAL LABOR RELATIONS COUNCIL

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In this part

(a) "Order" or "the order" means Executive Order 11491 of October 29, 1969, entitled "Labor-Management Relations in the Federal Service."

(b) "Executive Director" means the Executive Director of the Council.

(c) "Party" means any person, employee, labor organization, or agency that participated as a party

(1) In a matter that was decided by the Assistant Secretary under section 6 of the order; or

(2) In a matter that was decided by an agency head under section 11(c) of the order; or

(3) In a matter where the award of an arbitrator was issued under the order.

(d) Terms defined in the order are used in this part with the meaning attached to them in the order.

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§ 2411.3 Policy questions.

Notwithstanding the procedures set forth in subpart B of this part, the Assistant Secretary or the Panel may refer for review and decision or general ruling by the Council any case involving a major policy issue that arises in a proceeding before either of them. Any such referral shall be in writing and a copy of such referral shall be served on all parties to the proceeding. Before decision or general ruling, the Council shall obtain the views of the parties and other interested persons, orally or in writing, as it deems necessary and appropriate.

Subpart B-Procedures for Council Review

§ 2411.11 Scope.

This subpart sets forth the procedures under which the Council will review decisions of the Assistant Secretary under section 6 of the order, decisions of agency heads as provided under section 11(c) (4) of the order, and awards of arbitrators under the order.

§ 2411.12 Petition for review.

Subject to the requirements of this part

(a) The Council shall grant a petition for review of a decision of an agency head under conditions prescribed in section 11 (c) (4) of the order;

(b) The Council shall grant a petition for review of an award of an arbitrator on grounds similar to those applied by the courts in private sector labor-management relations; or

(c) A petition for review of a decision of the Assistant Secretary under section 6 of the order is not a matter of right, but of discretion, and will be granted only where there are major policy issues present or where it appears that the decision was arbitrary and capricious. § 2411.13 Filing a petition for review; service.

(a) There shall be no interlocutory appeals. Any party aggrieved by a final decision or award referred to in § 2411.11 may petition the Council for review. The Council shall review a petition from an agency or labor organization only when the head of the agency (or his designee), or the national president of the labor or

ganization (or his designee), or the president of a labor organization not affiliated with a national organization (or his designee), has approved submission of the petition.

(b) A petition for review shall be in writing and shall be filed with the Executive Director, Federal Labor Relations Council, 1900 E Street NW., Washington, D.C. 20415.

(c) Any party filing a document as provided in this part is responsible for serving a copy on the other parties. Also, when a petition is filed for review of a decision by the Assistant Secretary, a copy of the petition as well as any opposition to the petition shall be served on the Assistant Secretary. Statement of service shall be submitted at the time of filing.

§ 2411.14 Time limits for filing papers.

(a) The time limit for filing a petition for review is 20 days from the date the decision or award was served on the party seeking review. However, review may be requested by a labor organization without a prior decision on a negotiability issue subject to section 11(c) (4) of the order, if the agency head or his designee has not made a decision within 15 days after receipt of a written request for decision.

(b) The time limit for filing an opposition to a petition for review is 15 days from the date of service of the petition for review.

(c) The time limit for filing briefs is 15 days from the date of service by the Council of notice to the parties, as provided in § 2411.16 (c), that the petition is accepted for review.

(d) The Executive Director may extend any time limit provided in this part, for good cause shown, and shall notify all parties of any such extension.

(e) In computing any period of time prescribed or allowed by this part, the day of the act, event, or default from or after which the designated period of time begins to run shall not be included; but the last day of the period so computed shall be included, unless it is a Saturday, Sunday, or Federal legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday, or Federal legal holiday. Also, when a period of time prescribed or allowed is 7 days or less, intermittent Saturdays, Sundays, and Fed

eral legal holidays shall be excluded in the computation.

(f) Whenever a party has the right or is required to do some act pursuant to this part within a prescribed period after service of a notice or other paper upon him and the notice or paper is served on him by mail, 3 days shall be added to the prescribed period: Provided, however, That 3 days shall not be added if any extension of time may have been granted.

(g) When a time limit for filing is established under this part, the document must be received in the office of the Council before the close of business of the last day of the time limit. § 2411.15 Copies.

Unless otherwise provided by the Executive Director, any document filed with the Council under this part shall be submitted in an original and three copies. § 2411.16 Content of petition; review of petition; notification of parties.

(a) A petition for review must be a self-contained document enabling the Council to rule on acceptance for review on the basis of its contents without the necessity of recourse to the record. The petition must contain a summary of the evidence or rulings bearing on the issues, together with a summary of the argument.

(b) The Council shall review the petition and, if 50 percent or more of its members determines that the matter should be considered, the petition for review will be accepted.

(c) The Council shall promptly notify the parties whether or not a petition has been accepted or rejected.

§ 2411.17 Stay of decision or award.

The filing of a petition for review shall not operate as a stay of the decision or award involved in the proceeding unless the Council shall direct otherwise.

§ 2411.18 Record; Assistant Secretary as a party; review of decision or award; amicus curiae.

(a) As provided in § 2411.14(c), within 15 days from the date of service by the Council of notice to the parties that the petition is accepted for review, the parties may file briefs with the Council (with specific references to the pertinent documents and, where applicable, with citations of authorities) which shall be

served on the other parties. Also, where the Council grants review of a decision of the Assistant Secretary, the Assistant Secretary may, at his discretion, intervene and become a party to that proceeding.

(b) Upon request by the Council, the Assistant Secretary or the appropriate agency shall transfer the record in the case to the Council.

(c) Consistent with the scope of review set forth in paragraph (d) of this section, the Council will not consider any evidence offered by a party, or any issue, which was not presented in the proceedings before the Assistant Secretary, an agency head, or an arbitrator. The Council may, however, take judicial notice of such matters as would be proper.

(d) A decision of the Assistant Secretary shall be sustained unless it is arbitrary and capricious or inconsistent with the purposes of the order. An award of an arbitrator shall be sustained on grounds similar to those applied by the courts in private sector labor-management relations. A decision of an agency head under section 11(c) of the order shall be sustained, unless improper under the conditions prescribed in section 11(c) (4) of the order.

(e) The Council, upon petition of an interested person and as it deems appropriate, may grant permission for the filing of a brief and oral argument, by an amicus curiae, and the parties shall be notified of such action by the Council.

Sec.

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(a) The Council shall issue its decision sustaining, enforcing, modifying, and enforcing as so modified, setting aside in whole or in part, or remanding the decision or award. Copies of the decision shall be furnished to the parties and other interested persons and made available at the office of the Council.

(b) The Council has the overall responsibility to assure compliance with the Executive order and decisions rendered thereunder. However, in cases involving decisions of the Assistant Secretary, the Council shall first remand the action to the Assistant Secretary for purposes of compliance consistent with its decision; without limitation on the power of the Council, if the Assistant Secretary finds the necessary action for compliance has not been taken, the matter shall revert to the Council for appropriate action.

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SUBCHAPTER C-FEDERAL SERVICE IMPASSES PANEL

PART 2470-GENERAL

Subpart A-Purpose

Subpart B-Definitions

2470.1 Purpose

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