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2016 CBA Tentati ve Agreement Page 7 of 217 Section 2. An employee's off - duty mi sconduct shall not result in disciplinary action, unless a nexus can be shown between the employee's off - duty misconduct and the efficiency of the service. Any proposed action for off - duty misconduct will contain a statement of the nexus between the off - du ty misconduct and the efficiency of the service. Section 3. Employee participation in charitable drives and U.S. Savings Bond campaigns is voluntary. The Agency shall not schedule mandatory briefings/meetings to discuss charitable drives/U.S. Savings Bond participation. Employees will be voluntarily excused from any portion of a briefing/meeting which discusses these subjects. Solicitations may be made, but no pressure shall be brought to bear to require such participation. Flyers, bulletins, posters, etc. , associated with charitable drives may be posted a reasonable amount of time prior to the opening date and shall be removed concurrent with the closing date established in accordance with 5 CFR 950.102(a). Section 4. The Agency's nepotism policies shall be uniformly administered throughout the Agency. Both Parties recognize that maintaining family integrity is desirable. In those instances when an employee's spouse or life/domestic partner holds or accepts a position in another FAA facility, the Agency wi ll provide priority consideration to the bargaining unit employee for in - grade/downgrade reassignment through requests for transfer procedures for bargaining unit vacancies at or near the spouse's or life/domestic partner's location before candidates under other placement actions are considered. The Agency retains the right to fill vacancies from other available sources. In that such moves are primarily for the convenience or benefit of the employee, additional travel and transportation costs shall not be a llowed for the spouse or life/domestic partner beyond those he/she would be entitled to as a family member. Section 5. Employees shall not be subjected to prohibited personnel practices as follows: (a) Any FAA employee who has authority to take, direct other s to take, recommend, or approve any personnel action, shall not, with respect to such authority: i. discriminate for or against any employee or applicant for employment, on the basis of: • race, color, religion, sex, or national origin, as prohibited under S ection 717 of the Civil Rights Act of 1964 (42 USC 2000e - 16); • age, as prohibited under Sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (29 USC 631, 633a); • sex, as prohibited under Section 6(d) of the Fair Labor Standards Act of 1938 (29 USC 206(d)); • handicapping condition, as prohibited under Section 501 of the Rehabilitation Act of 1973 (29 USC 791); or • marital status, sexual orientation, or political affiliation, as prohibited under any law, rule, or regulation; ii. coerce the politica l activity of any person (including the providing of any political contribution or service) or take any action against any employee or applicant for employment as a reprisal for the refusal of any person to engage in such political activity; iii. deceive or wi llfully obstruct any person to withdraw with respect to such

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