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. Public Law 91-375 An Act To improve and modernize the postal service. to reorganize the Post Office 84 STAT. 719 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may Postal Reorganibe cited as the "Postal Reorganization Act”. zation Act. UNITED STATES POSTAL SERVICE SEC. 2. Title 39, United States Code, is revised and reenacted, and 74 Stat. 578. the sections thereof may be cited as “39 U.S.C. § ", as follows: (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, created 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 maintaining 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-sustaining. 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. (c). As an employer, the Postal Service shall achieve 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 worthwhile and satisfying careers in the service of the United 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. Pub. Law 91-375 84 STAT. 720 - 2 August 12, 1970 "(e) In determining all policies for postal services, the Postal Service shall give the highest consideration to the requirement for the most expeditious collection, transportation, and delivery of important letter mail. "(f) In selecting modes of transportation, the Postal Service shall give highest consideration to the prompt and economical delivery of all mail and shall make a fair and equitable distribution of mail business to carriers providing similar modes of transportation services to the Postal Service. Modern methods of transporting mail by containerization and programs designed to achieve overnight transportation to the destination of important letter mail to all parts of the Nation shall be a primary goal of postal operations. (g) In planning and building new postal facilities, the Postal Service shall emphasize the need for facilities and equipment designed to create desirable working conditions for its officers and employees, a maximum degree of convenience for efficient postal services, proper access to existing and future air and surface transportation facilities, and control of costs to the Postal Service. "§ 102. Definitions "As used in this title Sec. "(1) Postal Service' means the United States Postal Service established by section 201 of this title: "(2) Board of Governors', and 'Board', unless the context otherwise requires, mean the Board of Governors established under section 202 of this title: and (3) Governors' means the 9 members of the Board of Governors appointed by the President, by and with the advice and consent of the Senate, under section 202(a) of this title. "Chapter 2.-ORGANIZATION --201. United States Postal Service. 202. Board of Governors, 203. Postmaster General: Deputy Postmaster General. **204. Assistant Postmasters General; General Counsel: Judicial Officer. **205. Procedures of the Board of Governors, 206. Advisory Council. **207. Seal. 208. Reservation of powers. "8 201. United States Postal Service "There is established, as an independent establishment of the executive branch of the Government of the United States, the United States Postal Service. "§ 202. Board of Governors (a) The exercise of the power of the Postal Service shall be directed by a Board of Governors composed of 11 members appointed in accordance with this section. Nine of the members, to be known as Governors, shall be appointed by the President, by and with the advice and consent of the Senate, not more than 5 of whom may be adherents of the same political party. The Governors shall elect a Chairman from among the members of the Board. The Governors shall be chosen to represent the public interest generally, and shall not be representatives of specific interests using the Postal Service, and may be removed only for cause. Each Governor shall receive a salary of $10,000 a year plus $300 a day for not more than 30 days of meetings each year and shall be reimbursed for travel and reasonable expenses incurred in attending meetings of the Board. Nothing in the preceding sentence shall be construed to limit the number of days of meetings each year to 30 days. August 12, 1970 - 3 Pub. Law 91-375 84 STAT. 721 (b) The terms of the 9 Governors shall be 9 years, except that the Term of terms of the 9 Governors first taking office shall expire as designated by office. the President at the time of appointment, 1 at the end of 1 year, 1 at the end of 2 years, 1 at the end of 3 years, 1 at the end of 4 years, 1 at the end of 5 years, 1 at the end of 6 years, 1 at the end of 7 years, 1 at the end of 8 years, and 1 at the end of 9 years, following the appointment of the first of them. Any Governor appointed to fill a vacancy before the expiration of the term for which his predecessor was appointed shall serve for the remainder of such term. (c) The Governors shall appoint and shall have the power to Postmaster remove the Postmaster General, who shall be a voting member of the General, appointment, etc. Board. His pay and term of service shall be fixed by the Governors. (d) The Governors and the Postmaster General shall appoint and shall have the power to remove the Deputy Postmaster General, who shall be a voting member of the Board. His term of service shall be fixed by the Governors and the Postmaster General and his pay by the Governors. "S 203. Postmaster General; Deputy Postmaster General "The chief executive officer of the Postal Service is the Postmaster General appointed under section 202(c) of this title. The alternate chief executive officer of the Postal Service is the Deputy Postmaster General appointed under section 202 (d) of this title. "§ 204. Assistant Postmasters General; General Counsel; Judicial Officer There shall be within the Postal Service a General Counsel, such number of Assistant Postmasters General as the Board shall consider appropriate, and a Judicial Officer. The General Counsel, the Assistant Postmasters General, and the Judicial Officer shall be appointed by, and serve at the pleasure of, the Postmaster General. The Judicial Officer shall perform such quasi-judicial duties, not inconsistent with chapter 36 of this title, as the Postmaster General may designate. The Judicial Officer shall be the agency for the purposes of the requirements of chapter 5 of title 5, to the extent that functions are delegated to him by the Postmaster General. "§ 205. Procedures of the Board of Governors Post, p. 758. 80 Stat. 380; 81 Stat. 195. 5 USC 500 et seg. (a) The Board shall direct and control the expenditures and re- Policy review. view the practices and policies of the Postal Service, and perform other functions and duties prescribed by this title. (b) Vacancies in the Board, as long as there are sufficient members to form a quorum, shall not impair the powers of the Board under this title. (c) The Board shall act upon majority vote of those members Majority vote; who are present, and any 6 members present shall constitute a quorum quorum, exfor the transaction of business by the Board, exceptceptions. (1) that in the appointment or removal of the Postmaster General, and in setting the compensation of the Postmaster General and Deputy Postmaster General, a favorable vote of an absolute majority of the Governors in office shall be required; (2) that in the appointment or removal of the Deputy Postmaster General, a favorable vote of an absolute majority of the Governors in office and the member serving as Postmaster General shall be required; and (3) as otherwise provided in this title. "(d) No officer or employee of the United States may serve concurrently as a Governor. A Governor may hold any other office or employment not inconsistent or in conflict with his duties, responsibilities, and powers as an officer of the Government of the United States in the Postal Service. 84 STAT. 722 Membership. 80 Stat. 463; 83 Stat. 864. Pub. Law 91-375 "§ 206. Advisory Council "(a) There shall be a Postal Service Advisory Council of which the Postmaster General shall be the Chairman and the Deputy Postmaster General shall be the Vice Chairman. The Advisory Council shall have 11 additional members appointed by the President. He shall appoint as such members (1) 4 persons from among persons nominated by those labor organizations recognized as collective-bargaining representatives for employees of the Postal Service in one or more collective-bargaining units, (2) 4 persons as representatives of major mail users, and (3) 3 persons as representatives of the public at large. All members shall be appointed for terms of 2 years except that, of those first appointed, 2 of the members representative of labor organizations, 2 of the members representative of major postal users, and 1 member representing the public at large shall be appointed for 1 year. Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall serve for the remainder of such term. "(b) The Postal Service shall consult with and receive the advice of the Advisory Council regarding all aspects of postal operations. "(c) The members of the Council representative of the public at large shall receive for each meeting of the Council an amount equal to the daily rate applicable to level of the Executive Schedule under section 5316 of title 5. All members of the Council shall be reimbursed for necessary travel and reasonable expenses incurred in attending meetings of the Council. "§ 207. Seal "The seal of the Postal Service shall be filed by the Board in the Office of the Secretary of State, judicially noticed, affixed to all commissions of officers of the Postal Service, and used to authenticate records of the Postal Service. "§ 208. Reservation of powers "Congress reserves the power to alter, amend, or repeal any or all of the sections of this title, but no such alteration, amendment, or repeal shall impair the obligation of any contract made by the Postal Service under any power conferred by this title. 405. Printing of illustrations of United States postage stamps. 407. International postal arrangements. "408. International money-order exchanges. 409. Suits by and against the Postal Service. "410. Application of other laws. "411. Cooperation with other Government agencies. ❝§ 401. General powers of the Postal Service "The Postal Service shall have the following general powers: "(2) to adopt, amend, and repeal such rules and regulations as |