(b) Except in cases which are processed through an established grievance or appeal procedure, all hearings held in accordance with this Subpart 8 will be conducted by a hearing officer who is a NASA employee, but who is organizationally located outside the NASA installation concerned.

§ 1204.802 Standards of conduct for employee organizations.

(a) General. Part A of the President's Memorandum of May 21, 1963. "Standards of Conduct for Employee Organizations" (hereinafter referred to as the "Standards") shall apply to all employee organizations accorded informal, formal or exclusive recognition under Executive Order 10988 (3 CFR, 1959-1963 Comp. p. 521). An organization seeking recognition under Executive Order 10988 would have to meet the provisions of sections 2.2 and 2.4 of the "Standards."

(b) Meeting requirements of “Standards." An employee organization may meet the requirements of the "Standards" in one of the following ways:

(1) Stating, in writing, that it is a member of the AFL-CIO and that it is governed by and subscribes to the AFL-CIO Codes of Ethical Practices;

or

(2) Providing a copy of its constitution and by-laws which contain explicit and detailed provisions satisfying the "Standards"; or

(3) Providing a copy of the rules and regulations of its organization which have been officially adopted by the membership and which contain explicit and detailed provisions satisfying the "Standards."

(c) Requiring further evidence of compliance. Once an employee organization has placed itself on record as complying with the "Standards," either by action under paragraph (b) of this section or by other action satisfactory to the NASA installation with which it wishes to deal, further evidence of cor pliance with the "Standards" should be sought only under the conditions described in section 2.4(a) of the "Standards."

(d) Proposing action in cases of noncompliance with "Standards." Denial, suspension or withdrawal of recognition because of failure on the part of

an employee organization to conduct itself in accordance with the "Standards" shall be made only by the Administrator, National Aeronautics and Space Administration (NASA). Therefore, when information of the nature covered by section 2.4(a) of the "Standards" comes to the attention of a NASA installation, appropriate inquiry or investigation shall be made to develop all pertinent facts. A full and complete report will then be made to the Administrator, NASA, via the Director of Personnel, NASA.

(e) Denial, suspension or withdrawal of recognition. The authority for denying, suspending, or withdrawing recognition of any employee organization for failure to comply with the "Standards," for providing required hearings under section 2.4(b) of the "Standards," and for all necessary consultations with the Secretary of Labor in connection with such matters is retained by the Administrator, NASA. Decisions made by the Administrator, NASA, under this authority shall be binding on all NASA installations and on the employee organization involved. The Director of Personnel, NASA, will formulate such procedures, on an ad hoc basis, as may be required to assist the Administrator, NASA, in carrying out this responsibility.

§ 1204.803 Code of fair labor practices.

(a) General. Part B of the President's Memorandum of May 21, 1963"Code of Fair Labor Practices" (hereinafter referred to as the "Code") shall apply to all employee organizations which seek or are accorded informal, formal, or exclusive recognition under Executive Order 10988. The "Code" deals only with fair labor practices; it does not pertain to ethical and democratic practices for employee organizations covered by the "Standards." Enforcement of the "Code" shall be in accordance with the procedures set forth in this § 1204.803 and § 1204.804.

(b) Cases subject to established grievance or appeals procedure. (1) In cases initiated by a NASA employee or several employees with the same complaint, the established grievance procedure or appeals system, to the extent to which such procedure or

system is applicable, shall be the exclusive procedure used.

(2) At the time a grievance or appeal is filed, the NASA employee or employees concerned will be required to specify, in writing, whether a fair labor practice complaint is involved and, if so, to indicate clearly the nature of the complaint. The employees filing the action shall not thereafter be allowed to process the same complaint under a different appeals procedure. This fact should be made clear to any employee or employees who appeal an action under the "Code."

(3) NASA employees who file an action under this paragraph (b) through the NASA Grievance Procedure and who are not satisfied with the final decision as rendered in that procedure shall have the right of appeal to the Administrator, NASA. Such appeals will be:

(i) A review of the grievance record only,

(ii) Restricted to only that part of the grievance which relates to the alleged violation of the "Code," and

(iii) The final decision within NASA. (c) Cases involving any strike, work stoppage, slowdown, or related picketing. All cases involving any strike, work stoppage, slowdown, or related picketing against the Government of the United States will be governed by the following procedures:

(1) Action against individual employees. Individual employees who engage in any of these acts will be subject to established disciplinary procedures which will apply without regard to the "Code" and this Subpart 8.

(2) Action against employee organizations. When the Director of a NASA Field Installation, or the Deputy Associate Administrator for Administration at NASA Headquarters, has evidence that members of a recognized employee organization who are employed in the respective installation are engaging in any et prohibited by section 3.2(b)(4) of the "Code" he will immediately advise the head of the employee organization of this fact. If there is no evidence that the employee organization ordered, approved or authorized the prohibited act and prompt steps are taken by it to disavow the act and

orders its members to cease their participation, no further action will be taken against the organization. However, if there is evidence that the employee organization ordered, approved, or authorized the prohibited act, the appropriate NASA official will promptly report all facts with respect to the matter to the Administrator, NASA, via the Director of Personnel, NASA. Decisions made by the Administrator, NASA, in these matters shall be binding upon the employee organizations involved.

(d) Applicability of special code enforcement procedures. Certain classes of complaints are not appropriate to be processed through established grievance or appeals procedures. Therefore, the "Special code enforcement procedures," set forth in § 1204.804 will be used in the following types of cases arising under the "Code:"

(1) Complaints filed by one employee organization against another employee organization,

(2) Complaints filed by one or more employees organizations against a NASA installation,

(3) Complaints filed by a NASA installation against one or more employee organizations, and

(4) Complaints filed by an employee or several employees against an employee organization under section 3.2(b) of the "Code."

§ 1204.804 Special code enforcement procedures.

(a) Processing complaints. Complaints charging fair labor practice violations of the type listed in § 1204.803(d) will be processed under the "Special code enforcement procedures" as set forth in this § 1204.804. All other cases arising under the "Code" will be processed through the applicable procedure as set forth in § 1204.803 (b) and (c). No employee organization may seek review of a given fair labor practices complaint under more than one procedure, either concurrently or sequentially.

(b) Use of informal methods. It is expected there will be maximum use of informal contacts and discussions with and between the parties involved and any national or international organiza

(2) Be directed to the Administrator, NASA, via the Director of Personnel, NASA, and

(3) State in detail the incident or incidents which gave rise to the complaint.

A copy of the complaint must be furnished by the complainant to the party or parties to the proceeding.

(d) Procedures-(1) Step 1-preliminary review. Cases received will be reviewed by the Director of Personnel, NASA, and additional efforts will be made to resolve the matter by informal means. If the parties fail to come to an acceptable resolution, the Director of Personnel, NASA, will forward the case to the Administrator, NASA, with recommendation for a formal review.

The

(2) Step 2-formal review, Upon receipt of a case, the Administrator will designate an ad hoc Fair Labor Practice Review Officer (hereinafter referred to as the Review Officer) who will establish the facts of the case and recommend its disposition. Review Officer will be a NASA employee who is organizationally located outside the NASA installation concerned. In carrying out his responsibility, the Review Officer will proceed in accordance with the applicable provisions of section 3.3 of the "Code" and the following procedures:

(i) The Review Officer will make a preliminary inquiry into the matter to determine if further investigation, including a hearing, is necessary to develop the facts.

(ii) If a hearing is determined to be necessary, the Review Officer will act as hearing ficer using, as a general guide, the Civil Service Commission's Personnel Methods Series Pamphlet No. 16, "Conducting Hearings on Employee Appeals."

(iii) The Review Officer will set forth the results of the investigation or hearing, in writing, in the form of

findings of fact, conclusions, and recommendations, and forward such report to the Administrator, NASA, for decision.

(3) Final Decision. The Administrator, NASA, will review the report and records of the case and will render a final decision consistent with the requirements of section 3.4 of the "Code". There is no appeal from the decision of the Administrator, NASA.

Subpart 9-Claims Against NASA or Its Employees for Injury or Loss of Property or Personal Injury or Death-Applicable to Claims Accruing on or After January 18, 1967 1

AUTHORITY: 28 U.S.C. 2671-2680 and 42 U.S.C. 2473(b)(13).

SOURCE: 32 FR 13321, Sept. 21, 1967, unless otherwise noted.

§ 1204.900 Scope.

This subpart sets forth the procedures for:

(a) The submission of, and action by NASA upon, claims against the United States arising out of the activities of NASA, for injury or loss of property or personal injury or death, and designates the NASA officials authorized to act upon such claims.

(b) The handling of lawsuits against NASA employee for injury or loss of property or personal injury or death resulting from the operation of a motor vehicle by a NASA employee in the scope of his employment.

§ 1204.901 Authority.

(a) Under the provisions of the Federal Tort Claims Act, as amended (see 28 U.S.C. 2671-2680), and subject to its limitations, the Administrator or his designee is authorized to consider, ascertain, adjust, determine, compromise, and settle any claim for money damages against the United States for injury or loss of property or personal injury or death caused by the negligent or willful act or omission of any NASA employee while acting within the scope of his office or employment, under circumstances where the United

1 Appears at 32 FR 13321 as Subpart 8.

States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred. In exercising such authority the Administrator or his designee is required to act in accordance with regulations prescribed by the Attorney General (28 CFR 14.1-14.11). An award, compromise, or settlement in excess of $25,000 may be effected only with the prior approval of the Attorney General or his designee.

(b) Under 42 U.S.C. 2473(b)(13)(A), NASA is authorized to consider, ascertain, adjust, determine, settle, and pay, on behalf of the United States, in full satisfaction thereof, any claim for $5,000 or less against the United States for bodily injury or death or damage to or loss of real or personal property resulting from the conduct of NASA's functions as specified in 42 U.S.C. 2473(a). At the discretion of NASA, a claim may be settled and paid under this authority even though the United States could not be held legally liable to the claimant.

(c) Under 42 U.S.C. 2473(b)(13)(B), if NASA considers that a claim in excess of $5,000 is meritorious and would otherwise be covered by 42 U.S.C. 2473(b)(13), (A), NASA may report the facts and circumstances of the claim to the Congress for its consideration.

(d) Under 28 U.S.C. 2679, the Attorney General of the United States shall defend any civil action or proceeding brought in any court against a Government employee for injury or loss of property or personal injury or death, resulting from the operation of a motor vehicle by such Government employee while acting within the scope of his office or employment. In effect, this legislation is designed to protect an employee driving a motor vehicle on Government business by converting such a civil court action or proceeding rainst the employee into a claim against the United States: Provided, That the employee was acting within the scope of his employment at the time of the accident. The remedy against the United States provided by 28 U.S.C. 2672 (administrative adjustment of claims) and 28 U.S.C. 1346(b) (civil action against the United States)

then becomes the plaintiff's exclusive remedy.

§ 1204.902 Definitions.

For the purposes of this subpart, the following definitions apply:

(a) Unless the context otherwise requires, "claim" means a claim for money damages against the United States arising out of the activities of NASA, for injury or loss of property, or personal injury or death. A claim "arises" at the place where the injury, loss, or death occurs.

(b) The Chief Counsel of Langley Research Center shall also be considered Chief Coursel of Wallops Station, and the Chief Counsel of the Western Support Office shall also be considered Chief Counsel of the Flight Research Center.

(c) The term "General Counsel" means the NASA General Counsel, or, in his absence, the NASA Deputy General Counsel.

§ 1204.903 Claimant.

(a) A claim for injury to or loss of property may be presented by the owner of the property, his duly authorized agent or legal representative.

(b) A claim for personal injury may be presented by the injured person, his duly authorized agent, or legal representative.

(c) A claim based on death may be presented by the executor or administrator of the decedent's estate, or by any other person legally entitled to assert such a claim in accordance with applicable State law.

(d) A claim for loss wholly compensated by an insurer with the rights of a subrogee may be presented by the insurer. A claim for loss partially compensated by an insurer with the rights of a subrogee may be presented by the parties individually as their respective interests appear, or jointly.

(e) A claim presented by an agent or legal representative shall be presented in the name of the claimant, be signed by the agent or legal representative, show the title or legal capacity of the person signing, and be accompanied by evidence of his authority to present a claim on behalf of the claimant as agent, executor, administrator, parent, guardian, or other representative.

§ 1204.906 Evidence and information required.

(a) The circumstances alleged to have given rise to the claim, and the amount claimed, should, so far as possible, be substantiated by competent evidence. Supporting statements, estimates, and the like should, if possible, be obtained from disinterested parties. See 28 CFR 14.4 for guidance.

(b) In addition to the evidence and information required under paragraph (a) of this section, a claimant whose claim is being acted upon pursuant to 42 U.S.C. 2473(b)(13) shall be required to submit information as to the

amount of money or other property received, or which the claimant may be entitled to receive, by reason of the claimed injury, loss, or death from persons other than NASA or NASA employees. (Such persons include, but are not limited to, insurers, employers, and persons whose conduct was cause of the accident or incident.)

a

(c) Any document in other than the English lan age should be accompanied by an English translation.

§ 1204.907 Time limitations.

(a) A claim may not be acted upon pursuant to the Federal Tort Claims Act unless it is presented to NASA within 2 years after it occurred.

(b) A claim may not be acted upon pursuant to 42 U.S.C. 2473(b)(13)(A) or (B) unless it is presented to NASA within 2 years after the occurrence of the accident or incident out of which the claim arose.

(c) A claim shall be deemed to have been presented to NASA when NASA receives from a claimant or his duly authorized agent or legal representative an executed Standard Form 95 or other written notification of an incident or accident, accompanied by a claim in a sum certain.

§ 1204.908 NASA officials authorized to act upon claims.

(a) All claims arising in the United States from the activities of a field installation shall be acted upon as follows by the Chief Counsel of such installation:

(1) Claims not exceeding $1,000 shall be acted upon pursuant to 42 U.S.C. 2473(b)(13)(A) or the Federal Tort Claims Act, as the Chief Counsel deems appropriate.

(2) Claims in excess of $1,000 shall be

(i) Acted upon pursuant to the Federal Tort Claims Act, provided that an award, compromise, or settlement in excess of $10,000 shall be effected only with the prior approval of the General Counsel, or

(ii) Forwarded to the General Counsel for action pursuant to 42 U.S.C. 2473(b)(13), if the Chief Counsel is of the opinion that the claim may be meritorious and otherwise suitable for settlement under such authority. A claim so forwarded should be accompanied by a report of the facts of the claim, based upon such investigation as may be appropriate, and a recommendation as to the action to be taken.

(b) Claims forwarded to the General Counsel pursuant to paragraph (a) of this section, or not within the scope of such paragraph, shall be acted upon by the General Counsel pursuant to the Federal Tort Claims Act or 42 U.S.C. 2473(b)(13)(A) or (B), as the General Counsel deems appropriate.