Title 5 — Government Organization and EmployeesRelease 119-73
§3405 Nonapplicability
Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart B— - Employment and Retention › Chapter CHAPTER 34— - PART-TIME CAREER EMPLOYMENT OPPORTUNITIES › § 3405
Summary
Does not apply to jobs covered by a union contract that was already in effect on the day this chapter became law if that contract sets the number of work hours per week. It also does not require part-time career hiring for jobs whose basic pay rate is equal to or higher than the minimum rate listed in section 5376.
Full Legal Text
Title 5, §3405
Government Organization and Employees — Source: USLM XML via OLRC
(a)If, on the date of enactment of this chapter, there is in effect with respect to positions within an agency a collective-bargaining agreement which establishes the number of hours of employment a week, then this chapter shall not apply to those positions.
(b)This chapter shall not require part-time career employment in positions the rate of basic pay for which is fixed at a rate equal to or greater than the minimum rate payable under section 5376.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The date of enactment of this chapter, referred to in subsec. (a), is the date of the enactment of Pub. L. 95–437, which was approved Oct. 10, 1978.
Amendments
1990—Subsec. (b). Pub. L. 101–509 substituted “payable under section 5376” for “fixed for GS–16 of the General Schedule”. 1978—Pub. L. 95–454, § 906(c)(1)(B), renumbered section 3395 of this title as this section. Subsecs. (a), (b). Pub. L. 95–454, § 906(c)(2)(C), substituted “chapter” for “subchapter” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date
of 1990 AmendmentAmendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title.
Effective Date
of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
Reference
Citations & Metadata
Citation
5 U.S.C. § 3405
Title 5 — Government Organization and Employees
Last Updated
Apr 6, 2026
Release point: 119-73