As provided at 5 USC section 6130, the establishment or termination of any flexible or compressed work schedule affecting bargaining unit employees shall be subject to the provisions of the parties' collective bargaining agreement. That is, the establishment and termination of a flexible or compressed work schedule are fully negotiable matters. Where the parties are unable to reach agreement, the matter can be raised to the Federal Service Impasses Panel (the Panel) for a final determination.
Where an agency finds that a particular flexible or compressed schedule has had or would have an adverse agency impact, the agency shall promptly determine not to establish such schedule or continue such schedule if the schedule has already been established. If this determination impacts on bargaining unit employees, the determination is subject to negotiations prior to implementation. If the union challenges the agency's adverse agency impact determination, the matter will be raised to the Panel for consideration and ultimate determination as to whether the schedule would create or has created an adverse agency impact. The agency cannot terminate the flexible or compressed schedule until an agreement is reached between the parties or a final decision is issued by the Panel.
The Panel has determined that only the agency head can make an adverse agency determination as provided under the Flexible and Compressed Work Schedule Act. In the Army's case, that would be the Secretary of the Army. This authority has been delegated to the Administrative Assistant to the Secretary of the Army and the commanders/Heads of the Army Commands, Army Service Component Commands, and Direct Reporting Units, who can further delegate the authority to no lower than the local Commander or activity head.Activities going before the Panel making an adverse agency impact argument need to have the argument signed or presented by the management official delegated authority to make an adverse agency impact finding. The Civilian Personnel Advisory Center will be able to provide additional information regarding this matter.