
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC6131]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart E--Attendance and Leave
 
                        CHAPTER 61--HOURS OF WORK
 
          SUBCHAPTER II--FLEXIBLE AND COMPRESSED WORK SCHEDULES
 
Sec. 6131. Criteria and review

    (a) Notwithstanding the preceding provisions of this subchapter or 
any collective bargaining agreement and subject to subsection (c) of 
this section, if the head of an agency finds that a particular flexible 
or compressed schedule under this subchapter has had or would have an 
adverse agency impact, the agency shall promptly determine not to--
        (1) establish such schedule; or
        (2) continue such schedule, if the schedule has already been 
    established.

    (b) For purposes of this section, ``adverse agency impact'' means--
        (1) a reduction of the productivity of the agency;
        (2) a diminished level of services furnished to the public by 
    the agency; or
        (3) an increase in the cost of agency operations (other than a 
    reasonable administrative cost relating to the process of 
    establishing a flexible or compressed schedule).

    (c)(1) This subsection shall apply in the case of any schedule 
covering employees in a unit represented by an exclusive representative.
    (2)(A) If an agency and an exclusive representative reach an impasse 
in collective bargaining with respect to an agency determination under 
subsection (a)(1) not to establish a flexible or compressed schedule, 
the impasse shall be presented to the Federal Service Impasses Panel 
(hereinafter in this section referred to as the ``Panel'').
    (B) The Panel shall promptly consider any case presented under 
subparagraph (A), and shall take final action in favor of the agency's 
determination if the finding on which it is based is supported by 
evidence that the schedule is likely to cause an adverse agency impact.
    (3)(A) If an agency and an exclusive representative have entered 
into a collective bargaining agreement providing for use of a flexible 
or compressed schedule under this subchapter and the head of the agency 
determines under subsection (a)(2) to terminate a flexible or compressed 
schedule, the agency may reopen the agreement to seek termination of the 
schedule involved.
    (B) If the agency and exclusive representative reach an impasse in 
collective bargaining with respect to terminating such schedule, the 
impasse shall be presented to the Panel.
    (C) The Panel shall promptly consider any case presented under 
subparagraph (B), and shall rule on such impasse not later than 60 days 
after the date the Panel is presented the impasse. The Panel shall take 
final action in favor of the agency's determination to terminate a 
schedule if the finding on which the determination is based is supported 
by evidence that the schedule has caused an adverse agency impact.
    (D) Any such schedule may not be terminated until--
        (i) the agreement covering such schedule is renegotiated or 
    expires or terminates pursuant to the terms of that agreement; or
        (ii) the date of the Panel's final decision, if an impasse arose 
    in the reopening of the agreement under subparagraph (A) of this 
    paragraph.

    (d) This section shall not apply with respect to flexible schedules 
that may be established without regard to the authority provided under 
this subchapter.

(Added Pub. L. 97-221, Sec. 2(a)(2), July 23, 1982, 96 Stat. 231.)

                  Section Referred to in Other Sections

    This section is referred to in section 6103 of this title.
