[Code of Federal Regulations]
[Title 5, Volume 3, Parts 1200 to end]
[Revised as of January 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2472.11]

[Page 439]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
 CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE 
  FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
 
PART 2472--IMPASSES ARISING PURSUANT TO AGENCY DETERMINATIONS NOT TO ESTABLISH OR TO TERMINATE FLEXIBLE OR COMPRESSED WORK SCHEDULES--Table of Contents
 
                   Subpart B--Procedures of the Panel
 
Sec. 2472.11  Final action by the Panel.

    (a) After due consideration of the parties' positions, evidence, and 
arguments, including any report submitted in accordance with 
Sec. 2472.10, the Panel shall take final action in favor of the agency's 
determination if:
    (1) The finding on which a determination under 5 U.S.C. 6131(c)(2) 
not to establish a flexible or compressed work schedule is based is 
supported by evidence that the schedule is likely to cause an adverse 
agency impact; or
    (2) The finding on which a determination under 5 U.S.C. 6131(c)(3) 
to terminate a flexible or compressed work schedule is based is 
supported by evidence that the schedule has caused an adverse agency 
impact.
    (b) If the finding on which an agency determination under 5 U.S.C. 
6131(c)(2) or (c)(3) is based is not supported by evidence that the 
schedule is likely to cause or has caused an adverse agency impact, the 
Panel shall take whatever final action is appropriate.
    (c) In preparation for taking such final action, the Panel may hold 
hearings, administer oaths, take the testimony or deposition of any 
person under oath, and issue subpoenas, or it may appoint one or more 
individuals to exercise such authority on its behalf. Such action may be 
taken without regard to procedures previously authorized by the Panel.
    (d) Notice of any final action of the Panel shall be promptly served 
upon the parties.

[48 FR 19695, May 2, 1983. Redesignated and amended at 61 FR 41295, 
41296, Aug. 8, 1996]