Section 1
Employees will groom and attire themselves in at least a neat, clean manner that will promote public confidence in the Commission.
Section 2
Employees will wear business attire when conducting inspections, taking testimony or depositions, and when appearing in court. Employees will also wear business attire when meeting with external members of the bar and external members of the accounting profession, representatives from the securities industry, company officials, representatives from other government agencies, and members of Congress and their staff.
In any of the above situations, employees will not be required to wear business attire where a different attire standard has been established by those outside the Agency with whom the employees will be interacting.
Section 3
The attire Memorandum of Understanding dated December 11, 2009 is incorporated by reference herein and attached.
MEMORANDUM OF UNDERSTANDING
Regarding Article 26 of the Collective Bargaining Agreement (Attire)
The Securities and Exchange Commission ("Commission") and the National Treasury Employees Union ("NTEU") enter into this Memorandum of Understanding ("MOU") to resolve a disagreement over the meaning of the language contained in Article 26 of the parties' Collective Bargaining Agreement ("CBA") and the grievance arbitration, SEC No. AR-08 007, invoked for arbitration on October 21, 2008 ("Grievance").
WHEREAS, Article 26 of the CBA provides:
Section 1
Employees will groom and attire themselves in at least a neat, clean manner that will promote public confidence in the Commission.
Section 2
Employees will wear business attire when conducting inspections, taking testimony or depositions, and when appearing in court. Employees will also wear business attire when meeting with external members of the bar and external members of the accounting profession, representatives from the securities industry, company officials, representatives from other government agencies, and members of Congress and their staff.
In any of the above situations, employees will not be required to wear business attire where a different standard has been established by those outside the Agency with whom the employees will be interacting.;
THEREFORE, the parties agree as follows:
1. Where the branch chief responsible for an examination determines that contacting a registrant prior to an on-site examination will not jeopardize the examination (i.e. that it is an examination of which the registrant is already aware), the lead examiner may contact the registrant to determine the attire standard established for the highest ranking personnel at the registrant with which any of the examiners are reasonably likely to interact. "Reasonably likely to interact" shall mean that the lead examiner must conclude and reasonably foresee, based on the nature of the examination, previous experience and his or her inquiry of the registrant, that the examiner(s), more likely than not, will have more than incidental or casual interaction during the examination.
2. Regardless of the attire standards of the registrant, at all on-site examinations employees shall groom and attire themselves in a manner that promotes confidence in the Commission. This means that employees must, at the very least, wear business casual clothing, such as appropriate shirts, blouses, long pants, skirts and shoes. In no event shall employees wear attire that is any less than the standard established by the registrant for the highest ranking personnel at the registrant with which any of the examiners are reasonably likely to interact. Tee shirts, shorts, and sandals designed for non professional settings are inappropriate.
3. NTEU agrees to withdraw the Grievance.
Executed this 11th Day of December, 2009