39 U.S.C. § 1004 — Supervisory and other managerial organizations
submitted 56 years ago by Pub. L. 91-375 to r/title-39-POSTAL-SERVICE · 1,587 words · no verdicts yet
The Postal Service must support supervisory and managerial personnel with suitable pay, conditions, training, and career opportunities. Recognized organizations of supervisors, postmasters, and other managers receive consultation and participation rights, with procedures for proposals, mediation, factfinding, and review.
(a) The Postal Service must provide pay, working conditions, and career opportunities that attract and retain qualified supervisory and managerial personnel. It must maintain reasonable pay differences between clerk and carrier employees and supervisors and managers, continuously train and motivate these personnel, and promote their leadership role in turning general postal policy into successful operations.
(b) The Service must consult with recognized organizations of supervisory and managerial personnel who are not covered by chapter 12 collective bargaining. An organization representing a majority of supervisors, an organization other than a supervisors’ organization representing at least 20% of postmasters, or a managerial organization representing a substantial percentage of managers is entitled to participate directly in developing pay policies and schedules, fringe benefits, and other programs for these employees.
(c) (1) Unless mutually agreed otherwise, the Service and the supervisors’ organization must meet at least monthly to carry out consultation and participation. (2) At least 7 days before each meeting, each side must give the agenda and describe its proposals in detail. Individual employee grievances may not be agenda items.
(d) (1) For programs affecting its members, the Service must give the supervisors’ organization a written description and reasons, at least 60 days to review and recommend unless extraordinary circumstances require faster action, and full and fair consideration of its recommendations. (2) Before implementing the program, the Service must give details of its decision and supporting information, allow further recommendations, and fully and fairly consider them, explaining in writing any rejection. (3) After implementation, the Service must create a way for the organization to participate in further planning and provide enough information for useful participation. (4) The parties may agree to different procedures.
(e) (1) Within 45 days after each agreement on the largest collective-bargaining unit’s agreement, the Service must propose changes for supervisors’ pay, schedules, and fringe benefits for the same period. (2) The parties must try to resolve differences under subsection (d). (3) The Service must give its decision within 90 days after receiving the proposal.
(f) (1) If the supervisors’ organization believes the decision violates this title, it may within 10 days ask the Federal Mediation and Conciliation Service to convene a factfinding panel. (2) Within 15 days, that Service must provide seven experts in supervisory and managerial pay. Each party chooses one; if a party does not choose within 10 days, the Director chooses. The first two chosen meet within 5 days and choose a third chair; if they cannot do so within 5 days after their first meeting, the Director chooses the chair. (3) The panel must recommend standards and specific recommendations for the period covered by the collective-bargaining agreement. The standards must follow this title, including sections 1003(a) and 1004(a). (4) It must recommend within 30 days after appointment unless the parties agree to more time, hear the parties as it directs, and have its cost split equally. (5) Within 15 days after the recommendation, the Service must give its final decision, fully and fairly consider the recommendation, and explain in writing any differences.
(g) After 3 years from enactment of this subsection, and later from time to time, either party may ask the Mediation and Conciliation Service to create a panel to review this section and section 1003. The panel is chosen under subsection (f)(2) and recommends statutory changes to Congress.
(h) (1) Subsections (c) through (g) apply to postmasters and postmasters’ organizations by replacing “supervisors’ organization” with “postmasters’ organization.” If two or more postmasters’ organizations exist, they are treated as one under arrangements they mutually choose. (2) Those organizations are jointly and separately responsible for the panel cost that is their share.
(i) For this section: (1) “supervisors’ organization” means the organization recognized as representing a majority of supervisors; (2) “members of the supervisors’ organization” means Postal Service employees recognized under an agreement as represented by it; (3) “postmaster” means the manager in charge of a post office, with or without subordinate managers or supervisors; (4) “postmasters’ organization” means one recognized as representing at least 20% of postmasters; and (5) “members of the postmasters’ organization” means employees recognized under an agreement as represented by that organization, either under an agreement with it or, when multiple organizations act together, under an agreement with those organizations as represented by any involved organization.
It shall be the policy of the Postal Service to provide compensation, working conditions, and career opportunities that will assure the attraction and retention of qualified and capable supervisory and other managerial personnel; to provide adequate and reasonable differentials in rates of pay between employees in the clerk and carrier grades in the line work force and supervisory and other managerial personnel; to establish and maintain continuously a program for all such personnel that reflects the essential importance of a well-trained and well-motivated force to improve the effectiveness of postal operations; and to promote the leadership status of such personnel with respect to rank-and-file employees, recognizing that the role of such personnel in primary level management is particularly vital to the process of converting general postal policies into successful postal operations.
The Postal Service shall provide a program for consultation with recognized organizations of supervisory and other managerial personnel who are not subject to collective-bargaining agreements under chapter 12 of this title. Upon presentation of evidence satisfactory to the Postal Service that a supervisory organization represents a majority of supervisors, that an organization (other than an organization representing supervisors) represents at least 20 percent of postmasters, or that a managerial organization (other than an organization representing supervisors or postmasters) represents a substantial percentage of managerial employees, such organization or organizations shall be entitled to participate directly in the planning and development of pay policies and schedules, fringe benefit programs, and other programs relating to supervisory and other managerial employees.
The Postal Service and the supervisors’ organization shall, unless otherwise mutually agreed to, meet at least once each month to implement the consultation and direct participation procedures of subsection (b) of this section.
At least 7 days before each meeting, each party shall—
provide notice of agenda items, and
describe in detail the proposals such party will make with respect to each such item.
Grievances of individual employees shall not be matters which may be included as agenda items under this paragraph.
In order to facilitate consultation and direct participation by the supervisors’ organization in the planning and development of programs under subsection (b) of this section which affect members of the supervisors’ organization, the Postal Service shall—
provide in writing a description of any proposed program and the reasons for it;
give the organization at least 60 days (unless extraordinary circumstances require earlier action) to review and make recommendations with respect to the program; and
give any recommendation from the organization full and fair consideration in deciding whether or how to proceed with the program.
If the Postal Service decides to implement a program described in paragraph (1) of this subsection, the Postal Service shall before such implementation—
give the supervisors’ organization details of its decision to implement the program, together with the information upon which the decision is based;
give the organization an opportunity to make recommendations with respect to the program; and
give such recommendations full and fair consideration, including the providing of reasons to the organization if any of such recommendations are rejected.
If a program described in paragraph (1) of this subsection is implemented, the Postal Service shall—
develop a method for the supervisors’ organization to participate in further planning and development of the program, and
give the organization adequate access to information to make that participation productive.
The Postal Service and the supervisors’ organization may, by agreement, adopt procedures different from those provided by this subsection.
The Postal Service shall, within 45 days of each date on which an agreement is reached on a collective bargaining agreement between the Postal Service and the bargaining representative recognized under section 1203 of this title which represents the largest number of employees, make a proposal for any changes in pay policies and schedules and fringe benefit programs for members of the supervisors’ organization which are to be in effect during the same period as covered by such agreement.
The Postal Service and the supervisors’ organization shall strive to resolve any differences concerning the proposal described in paragraph (1) of this subsection under the procedures provided for, or adopted under, subsection (d) of this section.
The Postal Service shall provide its decision concerning changes proposed under paragraph (1) of this subsection to the supervisors’ organization within 90 days following the submission of the proposal.
If, notwithstanding the mutual efforts required by subsection (e) of this section, the supervisors’ organization believes that the decision of the Postal Service is not in accordance with the provisions of this title, the organization may, within 10 days following its receipt of such decision, request the Federal Mediation and Conciliation Service to convene a factfinding panel (hereinafter referred to as the “panel”) concerning such matter.
Within 15 days after receiving a request under paragraph (1) of this subsection, the Federal Mediation and Conciliation Service shall provide a list of 7 individuals recognized as experts in supervisory and managerial pay policies. Each party shall designate one individual from the list to serve on the panel. If, within 10 days after the list is provided, either of the parties has not designated an individual from the list, the Director of the Federal Mediation and Conciliation Service shall make the designation. The first two individuals designated from the list shall meet within 5 days and shall designate a third individual from the list. The third individual shall chair the panel. If the two individuals designated from the list are unable to designate a third individual within 5 days after their first meeting, the Director shall designate the third individual.
The panel shall recommend standards for pay policies and schedules and fringe benefit programs affecting the members of the supervisors’ organization for the period covered by the collective bargaining agreement specified in subsection (e)(1) of this section. The standards shall be consistent with the policies of this title, including sections 1003(a) and 1004(a) of this title.
The panel shall, consistent with such standards, make appropriate recommendations concerning the differences between the parties on such policies, schedules, and programs.
The panel shall make its recommendation no more than 30 days after its appointment, unless the Postal Service and the supervisors’ organization agree to a longer period. The panel shall hear from the Postal Service and the supervisors’ organization in such a manner as it shall direct. The cost of the panel shall be borne equally by the Postal Service and the supervisors’ organization.
Not more than 15 days after the panel has made its recommendation, the Postal Service shall provide the supervisors’ organization its final decision on the matters covered by factfinding under this subsection. The Postal Service shall give full and fair consideration to the panel’s recommendation and shall explain in writing any differences between its final decision and the panel’s recommendation.
Not earlier than 3 years after the date of the enactment of this subsection, and from time to time thereafter, the Postal Service or the supervisors’ organization may request, by written notice to the Federal Mediation and Conciliation Service and to the other party, the creation of a panel to review the effectiveness of the procedures and the other provisions of this section and the provisions of section 1003 of this title. The panel shall be designated in accordance with the procedure established in subsection (f)(2) of this section. The panel shall make recommendations to the Congress for changes in this title as it finds appropriate.
In order to ensure that postmasters and postmasters’ organizations are afforded the same rights under this section as are afforded to supervisors and the supervisors’ organization, subsections (c) through (g) shall be applied with respect to postmasters and postmasters’ organizations—
by substituting “postmasters’ organization” for “supervisors’ organization” each place it appears; and
if 2 or more postmasters’ organizations exist, by treating such organizations as if they constituted a single organization, in accordance with such arrangements as such organizations shall mutually agree to.
If 2 or more postmasters’ organizations exist, such organizations shall, in the case of any factfinding panel convened at the request of such organizations (in accordance with paragraph (1)(B)), be jointly and severally liable for the cost of such panel, apart from the portion to be borne by the Postal Service (as determined under subsection (f)(4)).
For purposes of this section—
“supervisors’ organization” means the organization recognized by the Postal Service under subsection (b) of this section as representing a majority of supervisors;
“members of the supervisors’ organization” means employees of the Postal Service who are recognized under an agreement between the Postal Service and the supervisors’ organization as represented by such organization;
“postmaster” means an individual who is the manager in charge of the operations of a post office, with or without the assistance of subordinate managers or supervisors;
“postmasters’ organization” means an organization recognized by the Postal Service under subsection (b) as representing at least 20 percent of postmasters; and
“members of the postmasters’ organization” shall be considered to mean employees of the Postal Service who are recognized under an agreement—
between the Postal Service and the postmasters’ organization as represented by the organization; or
in the circumstance described in subsection (h)(1)(B), between the Postal Service and the postmasters’ organizations (acting in concert) as represented by either or any of the postmasters’ organizations involved.
Source credit: (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 731; Pub. L. 96–326, Aug. 8, 1980, 94 Stat. 1023; Pub. L. 108–86, § 2(a)–(c), Sept. 30, 2003, 117 Stat. 1052.)
- 1970Enacted · Pub. L. 91-375 · 84 Stat. 731
- 1980Amended · Pub. L. 96-326 · 94 Stat. 1023
- 2003Amended · Pub. L. 108-86 · 117 Stat. 1052
A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-375 on 1970-08-12.
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