---
kind: "section"
citation: "5 U.S.C. § 6131"
title: "5"
title_heading: "Government Organization and Employees"
number: "6131"
heading: "Criteria and review"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/6131"
units:
  - "Part III — Employees"
  - "Subpart E — Attendance and Leave"
  - "Chapter 61 — Hours of Work"
  - "Subchapter II — Flexible and Compressed Work Schedules"
---

# §6131. Criteria and review

- (a) Notwithstanding the preceding provisions of this subchapter or any [collective bargaining agreement](/usc/5/7103.md?p=a-8) and subject to [subsection (c)](#c) of this section, if the head of an [agency](/usc/5/6121.md?p=1) finds that a particular flexible or [compressed schedule](/usc/5/6121.md?p=5) under this subchapter has had or would have an adverse [agency](/usc/5/6121.md?p=1) impact, the [agency](/usc/5/6121.md?p=1) 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](/usc/5/6121.md?p=1) impact” means—
  - (1) a reduction of the productivity of the [agency](/usc/5/6121.md?p=1);
  - (2) a diminished level of [services](/usc/5/8401.md?p=26) furnished to the public by the [agency](/usc/5/6121.md?p=1); or
  - (3) an increase in the cost of [agency](/usc/5/6121.md?p=1) operations (other than a reasonable administrative cost relating to the process of establishing a flexible or [compressed schedule](/usc/5/6121.md?p=5)).
- (c)
  - (1) This subsection shall apply in the case of any schedule covering [employees](/usc/5/6121.md?p=2) in a unit represented by an [exclusive representative](/usc/5/7103.md?p=a-16).
  - (2)
    - (A) If an [agency](/usc/5/6121.md?p=1) and an [exclusive representative](/usc/5/7103.md?p=a-16) reach an impasse in [collective bargaining](/usc/5/7103.md?p=a-12) with respect to an [agency](/usc/5/6121.md?p=1) determination under [subsection (a)(1)](#a-1) not to establish a flexible or [compressed schedule](/usc/5/6121.md?p=5), the impasse shall be presented to the [Federal Service](/usc/5/8521.md?p=a-1) Impasses [Panel](/usc/5/7103.md?p=a-7) (hereinafter in this section referred to as the “[Panel](/usc/5/7103.md?p=a-7)”).
    - (B) The [Panel](/usc/5/7103.md?p=a-7) shall promptly consider any case presented under [subparagraph (A)](#c-2-A), and shall take final action in favor of the [agency](/usc/5/6121.md?p=1)’s determination if the finding on which it is based is supported by evidence that the schedule is likely to cause an adverse [agency](/usc/5/6121.md?p=1) impact.
  - (3)
    - (A) If an [agency](/usc/5/6121.md?p=1) and an [exclusive representative](/usc/5/7103.md?p=a-16) have entered into a [collective bargaining agreement](/usc/5/7103.md?p=a-8) providing for use of a flexible or [compressed schedule](/usc/5/6121.md?p=5) under this subchapter and the head of the [agency](/usc/5/6121.md?p=1) determines under [subsection (a)(2)](#a-2) to terminate a flexible or [compressed schedule](/usc/5/6121.md?p=5), the [agency](/usc/5/6121.md?p=1) may reopen the agreement to seek termination of the schedule involved.
    - (B) If the [agency](/usc/5/6121.md?p=1) and [exclusive representative](/usc/5/7103.md?p=a-16) reach an impasse in [collective bargaining](/usc/5/7103.md?p=a-12) with respect to terminating such schedule, the impasse shall be presented to the [Panel](/usc/5/7103.md?p=a-7).
    - (C) The [Panel](/usc/5/7103.md?p=a-7) shall promptly consider any case presented under [subparagraph (B)](#c-3-B), and shall rule on such impasse not later than 60 days after the date the [Panel](/usc/5/7103.md?p=a-7) is presented the impasse. The [Panel](/usc/5/7103.md?p=a-7) shall take final action in favor of the [agency](/usc/5/6121.md?p=1)’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](/usc/5/6121.md?p=1) 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](/usc/5/7103.md?p=a-7)’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](/usc/5/7103.md?p=a-6) provided under this subchapter.

## Source credit

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