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 members, 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. The DA Memo, Delegation of Authorities, 5 U.S. Code Chapter 61, Hours of Work,, officially delegated from the Secretary of the Army to to Commanders or Directors of activities employing civilian personnel authority for making adverse agency impact arguments. Activities going before the Panel making an adverse agency impact argument need to have the argument signed or presented by the activity commander or have a written delegation of authority from the commander to the official representing the agency in the impasse proceeding.