3. Requirements: Employee Associations seeking agency recognition must meet and continually comply with the following conditions:
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1 Human Resource Policy Manual (HRPM) Volume 12: Work Life and Benefits WLB-12.6 Employee Associations This Chapter applies to: (1) Non-bargaining unit employees/positions, and (2) bargaining unit employees/positions except where the applicable collective bargaining agreement contains conflicting provisions or the subject has not been negotiated. Chapter established on: July 12, 2000 This version effective: July 25, 2013 Background information: This version replaces WLB-12.6 dated May 3, This pen and ink change clarifies that duty time and/or excused absence is not authorized for attendance at Regional Association Board Meetings or Conferences. 1. Purpose 2. Background 3. Requirements 4. Recognition Procedures 5. Conflict of Interest 6. General Limitations 7. Use of Agency Resources 1. Purpose: This document establishes policy and procedures on the recognition of Employee Associations within the Federal Aviation Administration (FAA). It also clarifies the responsibilities of FAA management officials and formally recognized Employee Associations, and includes the requirements that an Employee Association must meet to qualify for FAA resources authorized by this document. 2. Background: The FAA recognizes that Employee Associations assist in fostering a climate of inclusion that contributes to employee welfare and morale, and provide an opportunity for employee input regarding FAA s Equal Employment Opportunity Program and personnel management issues in support of FAA's mission. The agency may support Employee Associations by granting them the various resources stated in section seven of this document. The responsibility for the organization and management of Employee Associations however, remains with the Employee Associations themselves. The FAA may, at its own discretion, consult and communicate with Employee Associations on the improvement of agency operations, personnel management, and employee effectiveness; and the establishment of policies that best serve the public interest in accomplishment of the agency's mission. This consultation and communication may not take on the character of negotiations or consultations regarding conditions of employment of bargaining unit employees, which is reserved exclusively for labor organizations as provided by law. 3. Requirements: Employee Associations seeking agency recognition must meet and continually comply with the following conditions: a. Membership and participation in the Employee Associations must be open to all FAA employees who support and uphold the goals, objectives and mission of the association, without regard to race, color, religion, sex, sexual orientation, national origin, age, marital status, political affiliation, or disability.
2 b. The Employee Association must be formally organized for the benefit of the agency or to provide service to employees of FAA. c. The Employee Association must be democratically organized and operated. All FAA employees working in the geographical area which the association is intended to serve and who meet the definition of membership in the Employee Association's constitution and bylaws, must be eligible for membership and assessed dues on an equal basis with other members in similar categories of membership. It is recognized that honorary members may not be subject to payment of dues. d. The Employee Association must have a constitution and bylaws (or their equivalents). The bylaws should explicitly define the functions and authorities of the governing body and the officers and duties and responsibilities for the management of the Employee Assoiation's affairs. The Employee Association's constitutions and bylaws must be recognized by FAA Administrator (AOA-1). Current copies of constitution and bylaws will be kept on file in the office of the Assistant Administrator for Human Resource Management (AHR-1). Within 30 days of elections, Employee Associations are required to submit a list of association officers to AHR-1. e. All activities sponsored by the Employee Association must be free of discrimination based on race, color, religion, sex, sexual orientation, national origin, age, marital status, political affiliation, or disability. f. Upon request by any of its members, the Employee Association must make available for inspection, copies of minutes of business meetings or open meetings of the governing body. 4. Recognition Procedures: a. Recognized Employee Associations: The following have met the requirements of this policy and have been officially recognized by the Administrator: FAA Gay, Lesbian or Bisexual Employees (GLOBE) National Asian and Pacific American Association (NAPA) National Black Coalition of Federal Aviation Employees (NBCFAE) National Coalition of Federal Aviation Employees with Disabilities (NCFAED) National Coalition of Federal Aviation Administration Native American and Alaska Native Employees (NAAN) National Hispanic Coalition of Federal Aviation Employees (NHCFAE) Professional Women Controllers (PWC) Technical Women's Organization (TWO) b. New Employee Associations: Whenever a group of FAA employees wish to be recognized as an Employee Association, they must submit a written request to the Administrator. Requests must include a copy of the charter, bylaws, statement of purpose, and constitution or equivalent of the association; and a list of names, positions, and telephone numbers of the current association officials (e.g. board of directors, officers, executive committees, program managers, and/or supervisory committee). It will be the sole discretion of the Administrator to determine if it is in the best interest of FAA to recognize the association and whether the association complies with the criteria set forth in this document. All new Employee Associations must be recognized in writing by AOA-1. As new Employee Associations are recognized, AHR-1 will publish a revised listing of recognized associations. c. Non-Recognized Employee Organizations: Employee organizations that are not granted recognition pursuant to this policy shall not receive the privileges provided under this policy including but not limited to the use of the agency's name, initials, or resources in connection with their activities.
3 d. Withdrawal of Authorization: As a condition of continued recognition, AOA-1 may at any time, require appropriate evidence from the Employee Associations of compliance with the requirements and policy stated in this document. Whenever AOA-1 determines that an Employee Association is not complying with the requirements of this document, or for any other reason determines withdrawal of recognition is in the best interest of FAA, recognition will be withdrawn and the employee organization will no longer receive any privilege provided under this policy. Before recognition is withdrawn, AOA-1 will give a written notice to the Employee Association, indicating noncompliance. 5. Conflict of Interest: As FAA employees, members of the Employee Associations must adhere to the Standards of Ethical Conduct at 5 CFR Part 2635; the agency's Supplemental Regulation on Prohibited Financial interests at 5 CFR part 6001; the Conflict of Interest Statues at 18 USC Sections , 205, ; and the Agency Policy on Outside Employment at FAA Order (1998), Appendix 5; as well as other related statues that pertain to government employment. Among other items, these rules specifically prohibit: a. Employees serving on outside boards of directors in their official capacity; b. Direct or indirect solicitation or acceptance of any gratuity, favor, discount, entertainment, or other item having monetary value from a prohibited source or given because of the employee's official position; Definition: A prohibited source means any person who is seeking official action by the employee's agency; does business or seeks to do business with the employee's agency; conducts activities regulated by the employee's official duties; or is an organization, a majority of whose members are identified above. Exclusions or Exceptions: Limited exclusions apply to certain situations. See 5CFR or consult the agency's Ethics Official. c. Contributions from prohibited sources toward corporate membership or organization expenses (including conference expenses); and d. An employee, or his/her spouse or minor child of the employee, from holding stock or having any other securities interest in an airline or aircraft manufacturing company, or in a supplier of components or parts to an airline or aircraft manufacturing company. 6. General Limitations: a. The activities, programs, products or services of any FAA recognized Employee Association must not be represented, directly or indirectly, as being official functions or activities of the agency or any official thereof. b. Employee Associations may not engage in any activities which adversely reflect on the Department of Transportation or FAA. c. Except as provided below, FAA appropriated funds may not be used for services or activities of Employee Associations. 7. Use of Agency Resources: All officially recognized Employee Associations which meet the requirements and general limitations of this document may be granted use of agency resources listed below. Pursuant to this policy, a recognized Employee Association may have any or all of the privileges withdrawn at any time. Recognized FAA Employee Associations may be granted the following:
4 a. Use of the name or initials of the agency, but not use of FAA seal, in the Employee Association's name, provided that it is made clear that the association is not an official organization of the agency. b. Use of available space at FAA facilities provided it does not interfere with the normal operations or functions of FAA mission. Space that may be available consists of conference rooms, unoccupied offices, cafeterias and similar government owned or leased space. General Service Administration building use, safety and security regulations, 41 CFR Part and applicable DOT requirements for use of FAA facilities apply. c. Use of designated bulletin boards provided that the literature posted thereon receives prior authorization by an appropriate management official. d. Use of FAA's internal mail distribution facilities provided it does not interfere with the conduct of official business. e. Use of FAA's electronic mail provided it does not interfere with the normal operations or functions of FAA mission. Provisions in FAA Order , Policy apply. f. Use of official FAA employee newsletters, on a space-available basis, for conveying information to meet reasonable needs of employees such as: educational announcements or developmental activities sponsored by Employee Associations; announcements of artistic or cultural activities; and announcements promoting equal opportunity or announcing meetings, entertainment, and social affairs. g. Use of duty time by officers and/or members of the governing bodies of FAA recognized Employee Association (excluding Regional Association Board Meetings or Conferences) provided: their use of duty time is approved by the head of the LOB/SO based on the manager s recommendation for approval upon becoming an officer of the Employee Association; employees do not devote substantial periods of duty time for such purposes; and the official business of the agency is not disrupted; h. Authorization to distribute promotional materials and literature on Federal premises during nonworking time in non-working areas. Federal safety and security regulations apply. i. Use of any other privileges that may be reasonably allowed by appropriate management officials. Up to 16 national officers of a recognized Employee Association are authorized to attend their association's annual conferences (excluding Regional Association Board Meetings or Conferences), on duty time with travel and per diem subject to operational workload, funding availability, and the advanced approval of the head of the LOB/SO. Travel and per diem costs will be paid by the line of business/staff office in which the national officers are located. If there is no national officer within a region, Aeronautical Center, or Technical Center, the Employee Association may appoint a member within the region or center to attend to represent the interests of the region or center members. Any such designated representative will be counted as part of the 16 national officer contingent as described in the previous bullet. Duty time with travel and per diem may be authorized subject to operational workload, funding availability, and the advanced approval of the head of the LOB/SO. Costs will be paid by the line of business/staff office in which the recognized officers are located. A national president/chairperson or designated representative of a recognized Employee Association is authorized to attend one other recognized Employee Association's annual conferences (excluding Regional Association Board Meetings or Conferences), on excused absence, subject to operational workload and the advanced approval of the head of the LOB/SO. Travel and per diem are not authorized.
5 A national president/chairperson of a recognized Employee Association is authorized to attend additional Employee Association's conferences (excluding Regional Association Board Meetings or Conferences) on excused absence only if the conference meets his/her training needs as determined by the supervisor and the head of the LOB/SO has approved attendance in advance. Provisions in the LD-5.5, Learning and Development - Administration apply. Lines of business/staff offices may have their own system of approval in addition to the first line supervisor. Travel and per diem are authorized to the extent that funds are available. National officers of Employee Associations may be granted the opportunity to attend their national quarterly board meetings on excused absence if approved in advance by the head of the LOB/SO and appropriate management official within their supervisory chain. However, since board meetings are conducted as part of an internal business of the Employee Associations and not as an official function, travel and per diem are not authorized and a "no cost travel authorization" is not permitted. An employee who wishes to attend the annual national conference may be granted excused absence only if the conference meets his/her training needs, as determined by the supervisor and approved in advance by the head of the LOB/SO. Provisions in the LD-5.5, Administration, apply. Additional approval requirements may be implemented by LOB/SO as necessary. Travel and per diem are authorized to the extent that funds are available. If funding is not available, a no cost travel authorization may be issued at the discretion of the LOB/SO. The FAA Travel Policy provides that a no cost travel authorization may be issued for travel related to official training activities. The authorization allows employees attending the training (i.e. EA annual conference) at their own expense, access to government rates for rental cars and hotels. However, government rates on airfares is not permitted. The Government city-pair program allows employees to use the contract airfares only when the employee travels at government's expense. Notwithstanding any provision of this policy chapter, the use of training funds to attend an Employee Association's annual conference may be authorized only if in accordance with guidelines outlined in the LD-5.13, Continuous Learning - FAA Employee Associations, subject to funding constraints and the advanced approval of the head of the LOB/SO. Recognized Employee Associations are subject to the same training regulations that govern any other training providers. Notwithstanding any other provision of this policy chapter, the use of non-training funds to attend an Employee Association's annual conference may be authorized only if the conference meets appropriate FAA training guidelines and regulations and: - the employee is attending in official capacity (e.g. speaker, panel member), or - the conference will contribute to improved conduct, supervision, or management of the functions or activities of the line of business/staff office. Related Information Policies LD-5.5, Learning and Development Administration LD-5.13, Continuous Learning - FAA Employee Associations Revision History Log: Date May 3, 2013 May 2, 2007 Revision Replaced WLB 12.6 dated May 7, 2007 to clarify the authority levels for approving attendance. Replaced MSC-10.1 dated April 24, Paragraph 4 Recognition Procedures was revised to remove the Council of African American Employees (CAAE) from the listing of FAA Recognized Associations and to delete a portion of the last sentence in paragraph 4.
6 April 24, 2007 July 12, 2000 MSC-10.1 Employee Associations policy established. FAPM Letter Participation At Conferences or Conventions of Women and Minority Group Organizations canceled and replaced as MSC-10.1.
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