remedial action is required, immediate action shall be taken to end the conflicts or appearance of conflict of interest. Remedial action may include, but is not limited to:

(1) Changes in assigned duties;

(2) Divestment by the employee or special Government employee of his conflicting interests;

(3) Disciplinary action; or

(4) Disqualification for a particular assignment.

(b) Remedial action, whether disciplinary or otherwise, shall be effected in accordance with any applicable laws, Executive orders, and regulations. However, neither the remedial action, nor disciplinary action nor other action taken under paragraph (a) of this section is subject to the grievance procedures under section 746.1 and 746.2 of the Postal Manual since the employee or special Government employee is afforded the opportunity to present his case as provided in § 742.735-72 (a) through (d).

(c) The Ethical Conduct Counselor shall issue appropriate instructions from time to time to the Deputy Ethical Conduct Counselors to assure that the regulations, counseling and interpretations of matters covered by this part are consistent with laws, regulations and pertinent Executive orders and to insure uniformity of application throughout the Department.

§ 742.735-76 Establishment of review system.

There is hereby established a system of review which is designed to disclose conflicts of interest or apparent conflicts of interest on the part of employees and special Government employees. The Ethical Conduct Counselor, Deputy Ethical Conduct Counselors or their designees, immediately upon receipt of the statements of employment and financial interests from employees and special Government employees, shall examine such statements to assure that all information and disclosures required by the respective Confidential Statement of Employment and Financial Interests have been made and to determine whether potential conflicts of interest exist. The Confidential Statement of Employment and Financial Interests forms shall be furnished by the appropriate Personnel Office.

Subpart H-Informing Employees and Special Government Employees of Code of Ethical Conduct

§ 742.735-81 All employees and special Government employees.

(a) The Code of Ethical Conduct contained in this part and related parts of the Postal Manual containing instructions and guidance on the conduct of employees and special Government employees, shall be brought to their attention not less frequently than twice a year.

(b) New employees and new special Government employees: All employees and special Government employees new to the Department must be informed of this Part 742, Code of Ethical Conduct, at the time of their employment.

PART 743-EMPLOYEE SERVICES § 743.5 Vending machines operated by employee committees; assignment of profits to blind persons.

Profits from all vending machines presently operated by a licensed blind operator of a lobby stand, either in conjunction with his stand or in other areas of the same building under control of the Post Office Department shall be assigned to the blind operator. When machines are being operated by an employees' committee in proximity to a stand or machines operated by a blind person and are in competition therewith, and a blind operator is not receiving an adequate income, consideration shall be given to assigning him all or part of the profits from other vending machines in the same building, regardless of location. (Adequate income is construed as being the equivalent of the average income of the average employee at the installation.) Reassignment of profits shall be considered only upon request from a State licensing agency to a postmaster or other postal official in charge of an installation. Assignment of profits to the blind operator from other vending machines shall be determined by the postal official in charge and the State licensing agency on the basis of the following:

(a) Proximity to and competition with the vending stand;

(b) Income which accrues to the operator from stand operation; and

(a) Authority and scope. (1) Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, abolished the President's Commitee on Equal Employment Opportunity and established the authority of the Civil Service Commission to supervise and provide leadership and guidance on Equal Employment Opportunity and reaffirmed Government policy for exclusion and prohibition of discrimination against any employee or applicant for employment in the Federal Government because of race, color, religion, sex, or national origin. The Executive orders point out that discrimination because of race, color, religion, sex, or national origin is contrary to the constitutional principles and policies of the United States and that it is the policy of the Executive Branch of the Government to encourage by positive measures equal opportunity for all qualified persons within the Government.

(2) This Part 747 issued in conformity with and under the authority of Executive Order 11246 and Executive Order 11375 shall govern the administration of employment policies in the Post Office Department. This section does not apply to discrimination in employment by government contractors and subcontractors.

(b) Designation of equal employment opportunity officer. The Assistant Postmaster General, Bureau of Personnel, is the Equal Employment Opportunity Officer for the Post Office Department. He shall:

(1) Be directly responsible to the Postmaster General and have the authority necessary to enable him to carry out his responsibilities under these conditions.

(2) Advise the Postmaster General regarding the preparation of regulations, reports, and other matters dealing with the exclusion and prohibition of discrimination under Executive Order 11246 and Executive Order 11375.

(3) Provide for the receipt and prompt investigation of complaints of alleged discrimination in personnel matters within the Post Office Department Headquarters and field installations, including complaints of general discrimination by organizations related to a specific complaint under this Part 747.

(4) Evaluate from time to time the sufficiency of the total affirmative action program for equal employment opportunity and report thereon to the Postmaster General with recommendations as to any improvement or correction needed, including remedial or disciplinary action with respect to managerial or supervisory employees who have failed in their responsibilities.

(5) Make final decisions for the Department on complaints of discrimination and order such corrective measures as he deems necessary.

(6) Be responsible for developing a complete case record, including an adequate transcript or agreed summary of any hearing, sufficient to dispose of all relevant issues. Whenever necessary or appropriate for a full development of the case, the investigation shall include an appraisal of employment practices in the organizational segment or unit in which the alleged discrimination occurred.

(c) Designation of deputy equal employment opportunity officers. The following officials are designated as Deputy Equal Employment Opportunity Officers for the indicated units, and as such are directly responsible to the Equal Employment Opportunity Officer in carrying out their functions as outlined in these regulations.

Chief Postal Inspec

tor. Regional Director.

§ 747.2 Filing complaints.

(a) Right to file. The right to file complaints without restraint, interference, coercion or reprisal is recognized.

(b) Who may file. Any postal employee or qualified applicant for postal employment who believes he has been discriminated against because of race, color, religion, sex, or national origin may file a complaint. The complaint may be submitted by an authorized representative of the complainant and such authorization must be in writing. Organizations may file complaints of general discrimination unrelated to a specific complaint under the regulations in this part. (See § 747.5.)

(c) Where to file. Complaints may be filed with the Deputy Equal Employment Opportunity Officer, with the Equal Employment Opportunity Officer, with the Civil Service Commission.

or

(d) When to file. Complaints must be submitted in writing by the complainant or his representative within 30 calendar days of the date of the action giving rise to the complaint or, if a personnel action, within 30 calendar days of its effective date, except that a complaint made in connection with an adverse action covered by section 746 and Appendix A of Chapter 7 of the Postal Manual shall be submitted in writing by the complainant or his representative not later than 15 calendar days after the adverse action has been effected.

(1) The Equal Employment Opportunity Officer or the Deputy Equal Employ

ment Opportunity Officer shall extend the prescribed time limit for good cause shown by the complainant.

(2) A complaint concerned with a continuing discriminatory employment practice may be filed at any time.

(e) What to file. The complainant must file a written complaint, in duplicate, and must sign the complaint. This letter of complaint must contain the following information:

(1) Name and address of complainant. (2) Position and/or PFS level. (3) Specific action or situation complained of.

(4) Date of the alleged act of discrimination.

(5) Name and title of official responsible for the alleged act of discrimination.

(6) Type of discrimination that is alleged (specify whether race, color, religion, sex, or national origin).

(7) Brief statement of the facts which support complaint, or reasons the complainant has for believing discrimination exists.

§ 747.3

Presentation of complaint.

(a) Complainant. In presenting a complaint, the complainant shall be free from restraint, interference, coercion, discrimination, or reprisal and shall have the right to be accompanied, represented, and advised by a representative of his own choosing. If the complainant is a postal employee, he shall be on-the-clock while presenting his complaint, if he is otherwise in an active duty status. If the complainant is a postal employee and he designates another postal employee as his representative, the representative shall be free from restraint, interference, coercion, discrimination, or reprisal, and shall be on-the-clock while presenting the complaint, if he is otherwise in an active duty status.

(b) Investigation—(1) Assignment of investigator. The Equal Employment Opportunity Officer or the Deputy Equal Employment Opportunity Officer shall immediately assign a specially selected and trained hearing officer-investigator to conduct the investigation of the complaint.

(2) Scope of investigation. The investigation shall include a thorough review of the circumstances under which the alleged discrimination occurred, the treatment of members of the complainant's group identified by his complaint

as compared with the treatment of other employees in the organizational segment in which the alleged discrimination occurred, and any policies and practices related to the work situation which may constitute, or appear to constitute, discrimination even though they have not been expressly cited by the complainant. On completion of the investigation, the investigator shall submit the whole investigative file to the Deputy Equal Employment Opportunity Officer.

(3) Investigative report. The Deputy Equal Employment Opportunity Officer shall furnish management and the complainant and/or his representative a written summary which shall contain all the information in the investigation related to the resolution of the complaint. § 747.4

Settlements.

(a) Informal settlement. (1) Within 10 calendar days after receipt of the investigative report by the Deputy Equal Employment Opportunity Officer, he or his designee shall personally conduct an interview with the complainant and the installation head for the purpose of attempting an informal settlement. Informal settlements effected by a designee shall be totally binding on the Deputy Equal Employment Opportunity Officer. Hearing Officer-Investigators shall not be designated to conduct informal settlement interviews. The complainant and the installation head shall be provided a written summary of the investigation at least 5 calendar days prior to the interview.

(2) When an equal employment opportunity complaint is settled informally, the agreed upon settlement shall be reduced to writing, which shall include a statement that the complainant shall not be afforded the right to an oral hearing or further appeal, and shall be signed by the complainant and the Deputy Equal Employment Opportunity Officer or his designee. The Deputy Equal Employment Opportunity Officer will close out the case with a disposition report to the Equal Employment Opportunity Officer.

(3) When a complainant submits a written withdrawal of his complaint, the Deputy Equal Employment Opportunity Officer will close out the case with a disposition report to the Equal Employment Opportunity Officer.

(b) Notification of right to an oral hearing. (1) When the complaint is not

settled informally, the complainant, at the time the attempt at informal settlement is made, shall be advised, in writing, that he may request an oral hearing, provided such request is submitted within ten (10) days from that date. The letter should set forth any stipulations agreed to during informal settlement and advise the complainant that if no hearing is requested, the complaint will be forwarded to the Equal Employment Opportunity Officer for a final decision. The complainant shall also be advised that the hearing officer who conducts the oral hearing shall not be the same officer who made the investigation in his case.

(c) When a hearing is requested—(1) Scheduling hearing. When a hearing is requested, the Equal Employment Opportunity Officer or the Deputy Equal Employment Opportunity Officer shall schedule a hearing at a convenient time and place, and notify all parties concerned.

(2) Assignment of hearing officer. The Equal Employment Opportunity Officer or the Deputy Equal Employment Opportunity Officer shall assign a specially selected and trained hearing officer to conduct the hearing.

(3) Witnesses at the hearing. The installation head shall produce any witnesses under his jurisdiction upon a showing satisfactory to the hearing officer of reasonable necessity therefor. Reasons for the denial of the appearance of employees as witnesses shall be documented in the record of the complaint. Any request for the attendance of necessary witnesses by the complainant shall be made in writing at least 10 days prior to the date of the hearing. Parties to the hearing shall have the right of confrontation and cross-examination as may be necessary to a development of the facts.

(4) Prehearing conference. Prior to the hearing, the hearing officer shall conduct a prehearing conference throughout which only the complainant and/or his representative, and management and/or his representative shall be present. At this conference the parties concerned shall have the opportunity to examine the complete complaint file which shall not contain any documents that have not been made available to the complainant. The hearing officer will determine the total scope of the hearing.

(5) Conduct of hearing. The hearing officer shall conduct the hearing so as to bring out pertinent facts, including the

production of related documents and necessary witnesses. Strict rules of evidence shall not be applied, but the hearing officer shall exclude irrelevant or unduly repetitious evidence. Information having a bearing on the complaint or employment policies or practices relevant to the complaint shall be received in evidence. All testimony at the hearing shall be given under oath or affirmation, and all witnesses shall be free from restraint, interference, coercion, discrimination, or reprisal. Witnesses who are postal employees shall be rescheduled, if necessary, so as to be on-the-clock for the time they are to appear at the hearing.

(6) Record of hearing. The hearing shall be recorded and the complainant and/or his representative shall be given the opportunity to listen to the recording at the regional office. If a written transcript of the recording is desired, the complainant will be obliged to pay the cost. Under no circumstances will the recording discs be turned over to the complainant or to management officials. If complainant wishes to make a reproduction of an official recording discs be turned over to the complainant or to management officials. If complainant wishes to make a reproduction of an official recording of a hearing by using a tape recorder or other recording device, he may do so at his own expense. Such reproductions may be made only at points when the official recording is in authorized postal custody and supervision. Reproductions, whether transcripts or recorded reproductions, are not official records. If a verbatim transcript is not requested, a full summary of the testimony shall be made by the hearing officer. The Deputy Equal Employment Opportunity Officer shall furnish the parties a copy of the summary. If either party does not agree with the summary, he may note and sign his exceptions which will become a part of the summary, provided they are submitted within five (5) days from receipt of the summary. The hearing officer shall make his findings and recommendations on the basis of the record before him and submit his findings and recommendations to the Deputy Equal Employment Opportunity Officer. The Deputy Equal Employment Opportunity Officer shall take any corrective action he deems necessary at any time during the processing of the discrimination complaint. The Deputy Equal

Employment Opportunity Officer shall forward the complete complaint file and disposition report with his comments and recommendations to the Equal Employment Opportunity Officer, who will render the decision based on the total record.

(d) When no hearing is requested. If the complainant fails to request a hearing within 10 days after receipt of the notification of right to an oral hearing, the Deputy Equal Employment Opportunity Officer shall submit the complete complaint file and disposition report, with his comments and recommendations, to the Equal Employment Opportunity Officer, who will render the decision based on the total record.

(e) Delay on part of complainant. When the complainant fails to appear without good cause shown or fails within 15 days to furnish requested information or to otherwise process his complaint, the case may be closed.

(f) Decision and appeal—(1) By Equal Employment Opportunity Officer. The Equal Employment Opportunity Officer will make the final decision for the Department and notify the complainant and the Deputy Equal Employment Opportunity Officer. The letter of decision shall contain a concise and accurate summary of the facts relied on in reaching the decision. The Equal Employment Opportunity Officer in rendering his written decision on the complaint, shall advise the complainant that if he is not satisfied with the decision, it may be appealed to the Board of Appeals and Review, U.S. Civil Service Commission, Washington, D.C. 20415. If the complainant elects to appeal, the appeal must be submitted in writing within 15 days from receipt of the Equal Employment Opportunity Officer's decision, unless the Civil Service Commission waives this time limitation for good cause shown.

(2) Complaint rejected or canceled. When it is determined by the Deputy Equal Employment Opportunity Officer that the complaint should be rejected because (i) it was not timely filled, or (ii) it was not within the purview of the Department's regulations; or to cancel the complaint (iii) because of the complainant's failure to prosecute the complaint, or (iv) because of the complainant's voluntary separation which is not related to his complaint, the complaint shall be forwarded immediately to the Equal Employment Opportunity Officer for his