5-U.S.C.-6131
§6131 – Criteria and Review
Pathway
Title 5 > Part III > Subpart E > Chapter 61 > Subchapter II > Section 6131
Details
- Reference: Section 6131
- Legend: §6131 – Criteria and Review
- USCode Year: 2013
Provision Content
(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 agencys 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 agencys 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 Panels 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, §2(a)(2), July 23, 1982, 96 Stat. 231.)
U.S. Encyclopedia of Law Coverage
Subchapter I – General Provisions in the Legal Encyclopedia: Government Employees
In this entry about Subchapter I – General Provisions, find legal reference material, bibliographies and premiere content related to government employees in the American Encyclopedia of Law, presenting a comprehensive view of the United States government employees-specific issues, written by authorities in the field.
Subchapter I – General Provisions in the Legal Encyclopedia: Government Employee Attendance
In this entry about Subchapter I – General Provisions, find legal reference material, bibliographies and premiere content related to government employee attendance in the American Encyclopedia of Law, presenting a comprehensive view of the United States government employee attendance-specific issues, written by authorities in the field.
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