(2) "gambling” includes but is not limited to pool-selling, book making, maintaining slot machines, roulette wheels or dice tables, and conducting lotteries, policy, bolita or numbers games, or selling chances therein.

(3) "State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory

or possession of the United States. (c) İf five or more persons conduct, finance, manage, supervise, direct, or own all or part of a gambling business and such business operates for two or more successive days, then, for the purpose of obtaining warrants for arrests, interceptions, and other searches and seizures, probable cause that the business receives gross revenue in excess of $2,000 in any single day shall be deemed to have been established.

(d) Any property, including money, used in violation of the provi. sions of this section may be seized and forfeited to the United States. All provisions of law relating to the seizures, summary, and judicial forfeiture procedures, and condemnation of vessels, vehicles, merchandise, and baggage for violation of the customs laws; the disposition of such vessels, vehicles, merchandise, and baggage or the proceeds from such sale; the remission or mitigation of such forfeitures; and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred or alleged to have been incurred under the provisions of this section, insofar as applicable and not inconsistent with such provisions. Such duties as are imposed upon the collector of customs or any other person in respect to the seizure and forfeiture of vessels, vehicles, merchandise, and baggage under the customs laws shall be performed with respect to seizures and forfeitures of property used or intended for use in violation of this section by such officers, agents, or other persons as may be designated for that purpose by the Attorney General.

(e) This section shall not apply to any bingo game, lottery, or similar game of chance conducted by an organization exempt from tax under paragraph (3) of subsection (c) of section 501 of the Internal Revenue Code of 1954, as amended, if no part of the gross receipts derived from such activity inures to the benefits of any private shareholder, member, or employee of such organization except as compensation for actual expenses incurred by him in the conduct of such activity. (Added Pub. L. 91-452, title VIII, § 803 (a), Oct. 15, 1970, 84 Stat. 937.)

ANTI-KICKBACK LAW AND COPELAND ACT

Act of June 25, 1948, 18 U.S.C. 874; Act of June 13, 1934, as amended,

40 U.S.C. 276c; Reorganization Plan No. 14 of 1950 (15 F.R. 3176, 64 Stat. 1267)

Summary and Description

PERSONS AND EMPLOYMENT COVERED

These laws cover not only direct Federal public building and public work but also all work financed in whole or in part with Federal funds, loans, or grants.

ENFORCEMENT

The Government agencies that let the contracts are primarily responsible for obtaining compliance with these laws and the regulations of the Secretary of Labor.

ANTI-KICKBACK LAW

This law makes it punishable by a fine up to $5,000 or by imprisonment up to 5 years, or both, for anyone, by force, intimidation, threat of procuring dismissal from employment or by any other manner whatsoever, to induce an employee on work covered by the law to give up any part of the compensation to which he has a right under his contract of employment.

COPELAND Act This act authorizes the Secretary of Labor to make reasonable regulations for contractors and subcontractors engaged in construction covered by the act. These regulations (29 CFR 3) show under what conditions deductions from wages are and are not permitted, require the contractors to present evidence that proposed deductions are proper ones, and require approval of the Department of Labor for such deductions. The act also requires the contractors to file weekly statements with respect to the wages paid each employee during the preceding week. The regulations require payroll records showing the information needed to determine whether required wages are being paid. The requirements of these regulations are made a part of every contract for a Federal or Federal-aid job.

Antikickback Act

(Section No. refers to Title 18, U.S. Code) 8 874 Kickbacks from public works employees.

Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 740.)

Copeland Act

(Section No. refers to Title 40, U.S. Code) $ 276c. Regulations governing contractors and subcontractors.

The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 shall apply to such statements. (June 13, 1934, ch. 482, § 2, 48 Stat. 948; May 24, 1949, ch. 139, $ 134, 63 Stat. 108; Aug. 28, 1958, Pub. L. 85–800, $ 12, 72 Stat. 967.)

POSTAL REORGANIZATION ACT OF 1970

Summary and Description

The Postal Reorganization Act established the United States Postal Service as an independent establishment in the Executive Branch of the United States Government. Title 39 of the United States Code was revised and reenacted by the Act, with Chapter 12 of the new Title 39 governing the employee-management relations of the Postal Service. The Act subjects the employee-management relations of the Postal Service to those provisions of the National Labor Relations Act, as amended, which are not inconsistent with the Postal Reorganization Act.

The Act provides that the National Labor Relations Board will determine the appropriate units for collective bargaining, and sets forth certain exclusions from the bargaining units. It establishes a petition and election process by which labor organizations may be accorded exclusive recognition by the Postal Service.

The Act further provides that any collective bargaining agreements between the Postal Service and any recognized bargaining representative shall be effective for not less than two years. Collective bargaining agreements may provide for procedures for the resolution of grievances and adverse actions including procedures culminating in binding third party arbitration. The Act does not remove the ban against strikes which applies to all Federal employees, including postal employees. Additionally, the inclusion of union security provisions other than dues check in any collective bargaining agreement is prohibited.

If the Postal Service and a labor organization with which it has a contract are unable to reach a new agreement at the appropriate time for contract modification or renegotiation, the Act provides a method for resolving such a dispute. The statutory processes for resolving contract negotiation impasse disputes provides for an investigation by a fact finding panel and a report issued no later than 45 days after the list of proposed panel members is submitted to the parties by the Federal Mediation and Conciliation Service. If no agreement is subsequently reached, the Act provides that an arbitration board be established, which, after affording the parties a hearing, shall issue a decision which will be conclusive and binding on the parties.

Similar procedures exist for the resolution of a collective bargaining dispute between the Postal Service and a recognized collective bargaining representative in the situation where no collective bargaining agreement exists.

The Postal Reorganization Act also provides that suits for violation of contract between the Postal Service and any labor organization, or between any labor organizations, may be brought in any United States district court having jurisdiction over the parties.

a

a

Public Law 91-375
91st Congress, H, R. 17070
August 12, 1970

An Act

84 STAT. 719

To improve and modernize the postal service. to reorganize the Post Office

Tartment, and for other pir»ps.

Be it enacted by the Senate and House of Representutives of the l'nited States of America in ('ongrexx insembled. That this Art may Postal Reorganile cited as the "Postal Reorganization Act".

zation Act.

UNITED STATES MASINI, SERVICE

SEC. 2. Title 39, United States (ode, is revised and reenacted, and 74 Stat. 578. the sections thereof may be vited as "39 V.S.C. $

", as follows:

“Chapter 1.-POSTAL POLICY AND DEFINITIONS *Sr. --101, l'ostal polics.

102 Definitions. “8 101. Postal policy

“(a) The United States Postal Service shall be operated as a basic and fundamental service provided to the people by the Government of the United States, authorized by the Constitution, (reated by Act of Congress, and supported by the people. The Postal Service shall have as its basic function the obligation to provide postal services to bind the Nation together through the personal, educational, literary, and business correspondence of the people. It shall provide prompt, reliable, and efficient services to patrons in all areas and shall render postal services to all communities. The costs of establishing and mainiaining the Postal Service shall not be apportioned to impair the overall value of such service to the people.

**(b) The Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self-sustaininy. No small post office shall be closed solely for operating at a deficit, it being the specific intent of the Congress that effective postal services be insured to residents of both urban and rural communities.

**(«) is an employer, the Postal Service shall achiere and maintain compensation for its officers and employees comparable to the rates and types of compensation paid in the private sector of the economy of the United States. It shall place particular emphasis upon opportunities for career advancements of all officers and employees and the achievement of worth while and satisfying careers in the service of the l'nited States.

" (d) Postal rates shall be established to apportion the costs of all postal operations to all users of the mail on a fair and equitable basis.