Section 1.

A. The Employer agrees that an employee may engage in outside employment, or participate in or be associated with a business enterprise, so long as such activity will not:

1. Interfere with their efficient performance of their duties or their availability for duty;

2. Result in a conflict of interest or the appearance of a conflict with their official NIH duties; or

3. Bring discredit upon or lower public confidence in the National Institutes of Health.

B. Approved outside employment, or association with a business enterprise, shall not interfere with an employee's availability for overtime, detail or any other assignment whether or not such activity or assignment is scheduled in advance.

Section 2.

A. Employees desiring to accept or undertake outside employment, or to engage in or be associated with a business enterprise, shall obtain prior approval of the Employer by forwarding a request on Outside Activity Request (HHS520). The Employer agrees to act on the request no later than fifteen (15) working days of receipt of the form; however, it will aim to respond as soon as possible, generally by the fifth (5) day. If the employee has not received approval or a written order not to begin the employment, the employee shall contact the Employer to inquire as to the status of their request and the Employer shall issue a final decision within ten (10) days. If no response is received by that date, the employee may take the matter directly to expedited arbitration.

B. If the Employers response is to disapprove the request it will provide an explanation, in writing, of the statutory, regulatory and/or contractual basis for the denial.

C. If the employee has not changed positions, he need not reapply for approval simply because the approving official has changed.

D. Employees are encouraged to ask for and the Employer further agrees to provide guidance and specific interpretative assistance on questions concerning outside employment when requested in writing by the employee.

Section 3. When the Employer determines that any approved outside employment or association with a business enterprise is inconsistent with the criteria for approval, the employee shall be directed to terminate their employment or association within a reasonable period of time and the employee shall terminate their outside employment by that date. This will be done by a written notice which includes an explanation for the basis of the denial.

Section 4. The granting of approval for an outside activity does not relieve the employee of the obligation to abide by all applicable laws governing employee conduct nor does approval constitute a sanction of any violation. Approval involves an assessment that the general activity as described on the submission does not appear likely to violate any criminal statutes or other ethics rules. Employees are reminded that during the course of an otherwise approvable activity, situations may arise, or actions may be contemplated, that nevertheless, poses ethical concerns.

Section 5. If the employee challenges the Employer's decision to deny or discontinue such outside employment, then the matter may be appealed directly to expedited arbitration. The Employer may introduce in this arbitration relevant evidence concerning the employer's need to require the employee to be available for overtime, detail or any other assignment, whether or not such activity or assignment is scheduled in advance. Furthermore, while awaiting the arbitration decision, the parties will arrange for the original denial decision to be reconsidered in a meeting between the parties.