GENERAL LEAVE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85B00552R001000080023-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 20, 2016
• Document Release Date: July 12, 2007
• Sequence Number: 23
• Publication Date: July 12, 1982
• Content Type: REGULATION

Approved For Release 2007/07/12 : CIA-RDP85B00552R001000080023-9
,ply 12, 1982 ? CONGRESSIONAL RECORD HSE H 3997
"16126. Flexible schedules; credit hours; so- schedule who performs work (other than a- unit represented by ? an exclusive repro.
cumulation and compensation . . overtime work) on a tour of duty for any sentative. ?. ? i . ?, i.. i
Na) Subject 'td'any limiiation prescribed workday a part of which Is performed on a - "(2XA) If an agency and an exclusive rep-
by the Office of Personnel management or Sunday. such employee Is entitled to pay for resentative reach an impasse in collective
the agency, a full-time employee on a flexi- work performed during, the entire tour' of bargaining' with respect to an agency deter- .
ble schedule can accumulate not more than duty at the rate of such employee's basis mination under subsection (a)(1),not to ea.
24 credit hours, and a Part time employee pay; plus premium.pay at & .rate equal to 25 tablish a flexible or-compressed schedule,
- can accumulate not more than one-fourth percent of such basic pay rate. ? ? the impasse shall be presented to the Feder- -
of the hours In such' employee's biweekly '(dl Notwithstanding section 5546(b) of
sI . Service rtnpasges Panel (hereinafter In
basic work requirement;, for carryover from this title, an :employee on a compressed this section eferred to as the 'Panel'). r .:rc;
a biweekly -'pay period to a -succeeding schedule who performs work ob a holiday. "(B) The panel -shall. promptly consider
beweekiy pay-period for credit to the basic designated by Federal statute or Executive any case presented under subparagraph (A).
work requirement for. such period:; order Is entitled to pay at the rate of .such and shall take final action in favor of the
(b): Any employee who is :on a flexible employee's basic pay,- plus Premium pay at a- agency's determination.. If the finding ,on
schedule program, under section 6122 of this rate equal to such basic pay rate.. for such which It is%based -is supported by-evidence
title and who ,Is no longer subject to such . work which - is not.in excess of the" basic that the schedule.is ? likely to cause an ad.
s Rork requirement of such employee for
h
ll b
id
e
I
ct
t su
em
program s
a
verse ag
a
ncy
mpa
s
ch
ployee
e pa
then current rate of basic pay for- "` ~ch day. For hours worked on such a Hull- "MA) If an agency and an exclusive rep
of th
b
m exce
i
k
i
nt
`
ss
as
e
c wor
requ
reme
"(1)- in the ease of a full-time
emplogee.
not more than' 24 credit hours accumulated for such day, the employee is entitled to
.by such employee, or-; Premium pay In accordance with' the provl-
"(2) in the case of -a part-time employee, sions_of section 5542(a) or 5544(a) of this
the number of eredit hours (not excess of title, as. applicable; or the provisions of see-
employee's tion 7 of the Fair Labor Standards Act (29
one-fourth of the hours in: such II.S:C. 207) whichever provisions are
biweekly basic work, requirement) accumu- beneficial to the employee. more
lated by such employee.".
'* 6127. Compressed schedules; agencies au- 6129. Administration of leave and retire.
.menu provisions -
,thorized to use ; .` r ? ' "For 'Purposes of administering sections
"ta) Notwithstanding section 6101 of this 6303(a), 6304, 6307 (a) and (c), 6323, 6326,
- title; -each agency may establish programs and 8339(m) of this title, in the case of an
hi
k
in ` - - ' (a)(1) In the case of employees In a unit
so included such program have ~ vote ' _ d t . be _represented by an exclusive representative.
so included.
"(2) Upon written request to any agency any flexible or compressed work schedule,
by an employee, the agency, if .it determines . and the establishment and , termination of
that participation In a program under sub. any such schedule, shall be subject to the
section (a) would impose a personal hard- Provisions of this subchapter and the terms
ship on such employee, shall-*- of a collective bargaining agreement be-
"(A) except such employee from such?pro-- tween the agency and the exclusive repre-
gram; or sentative.
"(B) reassign such- employee to the first "(2) Employees within a unit represented
position within the agency- . . by an exclusive representative shall not be
"(I) which becomes vacant after such de. included within any program under this
termination. . subchapter except to the extent expressly
"(ii) which Is not included within auch provided under a collective bargaining
program, agreement between the agency and the ex.
"(III) for which such employee is qualified. clusive representative. ,
~
d : t1 t A,~ en
a
rts
c
resentative? 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 de.
termines under subsection (a)(2) to termi.
nate a flexible or compressed schedule, the
agency may reopen the agreement to seek
termination of the schedule involved.
"(B) If the agency and exclusive repre-
sentative reach an Impasse in collective bar- ;
gaining with respect to terminating such
schedule, the impasse shall be presented .to
the Panel. ? - -
NO 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 pre.
sented the impasse. The Panel shall take
final action In favor of the agency's determi.
nation to terminate a schedule If the finding
on which the determination is based is sup-
ported by evidence that the schedule has
caused an adverse agency impact.. . .\
"(D) Any such schedule may not be termi-
nated until-
"(1) the agreement covering such schedule
Is renegotiated or expires or terminates pur-
suant to the terms of the 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
"(d) This section shall not apply with re-
spect to flexible schedules that may be es-
tablished without regard to the authority
provided under this subchapter.".
"I al 39 Prohibition of lion
~
ais
Y may n pa
g
t
Pae 1n s "(a) An employee may not directly or suds.
"(iv) which is acceptable to the employee. flexible or- compressed- schedule program rectly intimidate, threaten, or coerce, or at-
A determination by an agency under this under a collective bargaining agreement tempt to intimidate, threaten, coerce, any
which
paragraph shall be made not later than- 10 contains premium pay provisions other employee for the purpose of interfer-
days after the day on which a written 1Te~ 0 -which are inconsistent with the provisions. inB with-
of section 6123 or 6128 of this title; as appll? "'s rights under sections
quest for such determination is received by cable.". (1) such employee's agency. ' 6122 through 6128 of this. title to elect a
"ii 6128 Compressed schedules; computatio "16131. Criteria and review
n time of arrival or departure, to work or not
of premium-pay Na) Notwithstanding the preceding provi- . to work. credit hours, onto request or not to'
"(a) The provisions of sec ions 5542(6), sons of this subchapter or any collective request compensatory time off in lieu of
5544(a). and 5550(2) of this title, section bargaining agreement and subject tosubsee- payment for overtime hours; or
4107(eXS) of title 38, section 7 of the Fair Lion (c) of this section, If the head of. an . "(2) such employee's right under section
Labor Standards-Act (29 U.S.C. 207), or any agency finds that a particular flexible or 6127(bXl) of- this title to vote whether or
other law, which relate to premium pay for compressed schedule-under this subcter. not to be 'Included within -a compressed
overtime work. shall not apply to the hour has had-or would have an adverse agency schedule program or such employee's right
which constitute a compressed schedule., impact' the agency shall: promptly deter to request an agency, determination under '
"(b) In the case of any full-time employee, mire not to-. section 6127(bX2) of this title.
hours win excess of the compressed (1)"e stablish such schedule; or (b) For the purpose of subsection (a), the
ours worked
shall be overtime hours and shall "(2) continue such schedule, if the sched- term "intimidate, threaten, or coerce' in-
h
schedule
scpaid for as provided overtime the applicable ule has already been established. ? eludes, but is not limited to, promising to
(b) For purposes of this section, 'adverse confer or conferring any benefit (such as
provisions referred to -in subsection (a) -of agency Impact' means- appointment, promotion, -or compensation).
this section. In the case of any part-time "(1) a reduction of the productivity of the
-employee on a compressed schedule,- over=' agency;' or reprisal effecting (such or as threatening - deprivation to of effect any
appoint-
time pay shatl begin to be paid after the (2) a diminished level of services fur-
same number of hours of work after which a nished to the public by the agency; or went, promotion, or compensation).
full-time employee on a similar, schedule "(3) an increase In the cost of agency open- " 16133. Regulations; technical assistance;
would begin to receive overtime pay. ations (other than a reasonable administra. program review
"(c) Notwithstanding section. 5544(a), tive cost relating to the process of establish- "(a) The Office cif Personnel Management
5546(a), or 5550(1) of this title, or any other ing a flexible or compressed schedule. shall prescribe regulations necessary for-the
applicable provision of law, in the case of "(cXl) This subsection shall apply in the administration of the programs established
any full-time employee on a compressed case of any schedule covering employees in under this subchapter.
Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080023-9
c
w use a 4-day workweek or other com- employee who Is in any program under this
pressed schedule. subchapter, references to a day or workday
"(bXl) An employee in a unit with respect (or to multiples or parts thereof) contained
to which an organization of 'Government. in such sections shall- be considered- to be
employees has not been accorded exclusive references to 8 hours (or to the respective
recnonition 'shall not be re
uired to
artici_ ... .
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