his subordinates as required for the proper conduct of the business of the National Aeronautics and Space Administration.

(42 U.S.C. 2457) [29 F.R. 6319, May 14, 1964] Subpart 6-Regulations Governing

Reimbursement for Moving Expenses to Owners and Tenants of Land Acquired by the National Aeronautics and Space Administration

AUTHORITY: The provisions of this Subpart 6 issued under 42 U.S.C. 2473(b) (1) and (14).

SOURCE: The provisions of this Subpart 6 appear at 29 F.R. 4148, Mar. 31, 1964. § 1204.600 Scope of subpart.

This subpart establishes the policy and procedures of NASA governing reimbursement for certain moving expenses to owners and tenants of land acquired by NASA.

(a) Owner. Any owner of land or of an interest in land who moves himself, his family, and his possessions because of acquisition of his land or his interest in land by the United States for the use of NASA.

(b) Tenant. An individual who, under proper authority, uses or occupies land and who moves himself, his family, and his possessions because of acquisition of such land by the United States for use of NASA.

(c) Date of vacating. The date upon which the land or interest in land (1) is to be vacated under agreement with the Government by the owner or tenant or pursuant to law, including but not limited to an order of a court; or (2) is vacated, whichever first occurs.

(d) Fair value. The value of land or an interest in land determined on the basis of an appraisal made by or on behalf of the Government in accordance with established appraisal principles and procedures except that the Deputy Associate Administrator for Programming, and the Associate Administrators for Headquarters Program Offices, NASA Headquarters, in extraordinary cases where they deem departure from the appraised value to be justified, may submit the question of fair value to the Administrator, NASA, for his determination.

(a) The National Aeronautics and Space Administration is authorized to reimburse, to the extent determined by the Administrator, NASA, or his designee, to be fair and reasonable, the owners and tenants of land and interests in land acquired by purchase, condemnation, or otherwise, on or after November 1, 1961, by the United States for use by the Administration, for expenses and losses and damages incurred by such owners and tenants as a direct result of moving themselves, their families, and their possessions because of such acquisition.

(b) Reimbursement as stated in paragraph (a) of this section shall be in addition to but not in duplication of any payments that may otherwise be authorized by law to be made to such owners and tenants. The total of any such reimbursement to any owner or tenant shall in no event exceed 25 per centum of the fair value, as determined by the Administrator, NASA, of the parcel of land to which the reimbursement is related.

(c) No payment under this Subpart 6 shall be made unless application therefor, supported by an itemized statement of the expenses, losses, and damages incurred, is submitted to the Administrator, NASA, within one year from (1) the date upon which the parcel of land or interest in land is to be vacated under agreement with the Government by the owner or tenant or pursuant to law, including but not limited to an order of the court; or (2) the date upon which the parcel of land or interest in land involved is vacated, whichever occurs first.

(d) The Administrator, NASA, may perform any and all acts and make such further rules and regulations as he deems necessary and proper for the purpose of carrying out the provisions of this subpart.

§ 1204.604 Examples of reimbursable items.

The following are examples of reimbursable items:

(a) Moving expenses, such as costs of transportation, insurance premium for protection of possessions, crating and uncrating.

(b) Temporary storage expenses.

(c) Expenditures for obtaining new site or land such as cost of appraisals, surveys, and title searches, where such expenses are normally borne by the purchaser. This does not include any part of the purchase price for the new site or any expenditures for the purpose of adding to the value or utility of the new site.

§ 1204.605 Examples of nonreimbursable items.

The following are examples of nonreimbursable items:

(a) Costs of conveying property to the Government.

(b) Consequential damages or losses, such as loss of good will, loss of profits, loss of trained employees, or expenses of sales and losses because of such sales.

§ 1204.606 Filing of applications.

All applications for reimbursement will be delivered or mailed to the National Aeronautics and Space Administration, Washington, D.C., 20546, within one year from the date of vacating as defined in § 1204.601 except that, in the case of applications for reimbursement based on land acquired by the United States for the use of NASA at the Mississippi Test Facility or at the John F. Kennedy Space Center, NASA (Cocoa Beach, Florida), applications for reimbursement will be delivered or mailed to the appropriate office of the Division or District Engineer, Corps of Engineers, U.S. Army, for forwarding to the Administrator, NASA, for final action. Applications must be supported by an itemized statement of the expenses, losses, and damages incurred for which reimbursement is requested. § 1204.607

payment.

Limitation on amount of

The total amount of reimbursement to all owners and tenants of any parcel of land shall not exceed 25 per centum of the fair value of such parcel of land. In the event that the approved amount of reimbursement for all owners and tenants exceeds 25 per centum of the fair

In determining whether reimbursement will be made and the extent and amount thereof, consideration will be given to the following:

(a) Reimbursement shall not be made unless and until reasonable proof of the expenses or other losses and damages incurred, in the form of receipts therefor or the next best evidence thereof when receipts are not available, have been submitted.

(b) Reimbursement shall not be made to the extent that the applicant's negligence or wrongful act has contributed to the amount of the expenses, losses or damages.

(c) Reimbursement shall not be made for expenses, losses or damages which were allowed in establishing the compensation paid or to be paid for the interest acquired in the land.

Subpart 7-Financial Interests of

Employees

AUTHORITY: The provisions of this Subpart 7 are issued under 76 Stat. 1125; 18 U.S.C. 208(b) (2).

SOURCE: The provisions of this Subpart 7 appear at 29 F.R. 3807, Mar. 22, 1964. § 1204.700 Scope of subpart.

This subpart sets forth general exemptions from the requirement of the conflict of interest law (18 U.S.C. 208(a)) that a NASA employee shall be disqualified from acting in a matter in his governmental capacity if he or certain other persons or organizations have a financial interest therein. The exemptions are granted in relation to specified categories of financial interests.

the provisions of 18 U.S.C. 208(a) do not preclude the participation by a NASA employee, including a special Government employee and civilian and military personnel regularly detailed to NASA, in matters of a type covered by the prohibition of section 208(a) where the financial interest involved has been exempted hereunder.

§ 1204.702 Categories of financial interests exempted.

(a) The following exemptions apply to financial interests which are held directly by a NASA employee or his spouse or minor child, whether jointly or individually, by a NASA employee and his partner or partners as joint assets of the partnership:

(1) Ownership of bonds other than corporate bonds, regardless of the value of such interest. This exemption extends also to any financial interests that the organization whose bonds are so owned may have in other business entities.

(2) Ownership of shares in a mutual fund, regardless of the value of such interest. This exemption extends also to any financial interests that the mutual fund may have in other business entities.

(b) If a NASA employee or his spouse or minor child has a present beneficial interest or a vested remainder interest under a trust, the ownership under the trust of shares in a mutual fund will be extempt regardless of the value of such interest. This exemption extends also to any financial interests that the mutual fund may have in other business entities.

(c) If a NASA employee is an officer, director, trustee, or employee of an educational institution, or if he is negotiating for, or has an arrangement concerning prospective employment with such an institution, a direct financial interest which the institution has in any matter will not itself be exempt, but any financial interests that the institution may have in the matter through its holdings of securities issued by business entities will be exempt, provided the NASA employee is not serving as a member of the investment committee of the institution or is not otherwise advising it on its investment portfolio.

(d) If a NASA employee has continued to participate in a bona fide pension, retirement, group life, health or accident insurance plan, or other employee welfare or benefit plan that is maintained by a business or nonprofit organization

of which he is a former employee, his financial interest in that organization will be exempt except to the extent that the welfare or benefit plan is a profit sharing or stock bonus plan. This exemption extends also to any financial interests that the organization may have in other business entities.

Subpart 8-Standards of Conduct for Employee Organizations and Code of Fair Labor Practices

AUTHORITY: The provisions of this Subpart 8 issued under Executive Order 10988 (3 CFR, 1959-1963 Comp. p. 521) and President's Memorandum of May 21, 1963 (Standards of Conduct for Employee Organizations and Code of Fair Labor Practices (3 CFR, 19591963 Comp. p. 848; 28 F.R. 5127-5132)).

SOURCE: The provisions of this Subpart 8 appear at 29 F.R. 3808, Mar. 27, 1964. § 1204.800 Scope of subpart.

This subpart sets forth NASA policies and procedures for the implementation of the President's Memorandum of May 21, 1963-Standards of Conduct for Employee Organizations and the Code of Fair Labor Practices (28 F.R. 5127-5132). § 1204.801

Policy.

(a) Primary reliance will be placed on informal settlement of differences and disputes by discussions between NASA management officials and employee organization representatives.

(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 AFLCIO 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 subparagraph (b) of this section or by other action satisfactory to the NASA installation with which it wishes to deal, further evidence of compliance 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 re

quired 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 subparagraph 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:

(1) 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 act 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 employee 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 organization with which a local organization is affiliated. Such means should produce an acceptable resolution or adjustment of the complaint without resort to more formal procedures.

(c) Documentation. All

complaints

of alleged violation of the "Code" filed under this procedure must:

(1) Be in writing,

(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.

(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. The 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