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39 U.S.C. § 1203 — Recognition of labor organizations

Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 1203 — Recognition of labor organizations

**(a)** The Postal Service shall accord exclusive recognition to a labor organization when the organization has been selected by a majority of the employees in an appropriate unit as their representative. **(b)** Agreements and supplements in effect on the date of enactment of this section covering employees in the former Post Office Department shall continue to be recognized by the Postal Service until altered or amended pursuant to law. **(c)** When a petition has been filed, in accordance with such regulations as may be prescribed by the National Labor Relations Board— (1) by an employee, a group of employees, or any labor organization acting in their behalf, alleging that (A) a substantial number of employees wish to be represented for collective bargaining by a labor organization and that the Postal Service declines to recognize such labor organization as the representative; or (B) the labor organization which has been certified or is being currently recognized by the Postal Service as the bargaining representative is no longer a representative; or (2) by the Postal Service, alleging that one or more labor organizations has presented to it a claim to be recognized as the representative; the National Labor Relations Board shall investigate such petition and, if it has reasonable cause to believe that a question of representation exists, shall provide for an appropriate hearing upon due notice. Such hearing may be conducted by an officer or employee of the National Labor Relations Board, who shall not make any recommendations with respect thereto. If the National Labor Relations Board finds upon the record of such hearing that such a question of representation exists, it shall direct an election by secret ballot and shall certify the results thereof. **(d)** A p

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Stable record: federal_law:legal_authorities:record_usc_4038b82107232a35e1dfc152
Source file: Laws/federal/codes/united-states-code/title-39/section-1203-recognition-of-labor-organizations--e4e35c4d0d.md
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Source location: Title 39, Chapter 12, § 1203; chapter-012-employee-management-agreements.md

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 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, 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 maintain an integrated network for the delivery of market-dominant and competitive products (as defined in chapter 36 of this title). Delivery shall occur at least six days a week, except during weeks that include a Federal holiday, in emergency situations, such as natural disasters, or in geographic areas where the Postal Service has established a policy of delivering mail fewer than six days a week as of the date of enactment of the Postal Service Reform Act of 2022. 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 pa

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 1004 — Supervisory and other managerial organizations

**(a)** 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. **(b)** 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.

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 1206 — Collective-bargaining agreements

**(a)** Collective-bargaining agreements between the Postal Service and bargaining representatives recognized under [section 1203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section1203&num=0&edition=prelim) shall be effective for not less than 2 years. **(b)** Collective-bargaining agreements between the Postal Service and bargaining representatives recognized under section 1203 may include any procedures for resolution by the parties of grievances and adverse actions arising under the agreement, including procedures culminating in binding third-party arbitration, or the parties may adopt any such procedures by mutual agreement in the event of a dispute. **(c)** The Postal Service and bargaining representatives recognized under section 1203 may by mutual agreement adopt procedures for the resolution of disputes or impasses arising in the negotiation of a collective-bargaining agreement.

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 1209 — Applicability of Federal labor laws

**(a)** Employee-management relations shall, to the extent not inconsistent with provisions of this title, be subject to the provisions of subchapter II of chapter 7 of title 29. **(b)** The provisions of chapter 11 of title 29 shall be applicable to labor organizations that have or are seeking to attain recognition under [section 1203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section1203&num=0&edition=prelim), and to such organizations, officers, agents, shop stewards, other representatives, and members to the extent to which such provisions would be applicable if the Postal Service were an employer under [section 402 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section402&num=0&edition=prelim). In addition to the authority conferred on him under [section 438 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section438&num=0&edition=prelim), the Secretary of Labor shall have authority, by regulation issued with the written concurrence of the Postal Service, to prescribe simplified reports for any such labor organization. The Secretary of Labor may revoke such provision for simplified forms of any such labor organization if he determines, after such investigation as he deems proper and after due notice and opportunity for a hearing, that the purposes of this chapter and of chapter 11 of title 29 would be served thereby. **(c)** Each employee of the Postal Service shall have the right, freely and without fear of penalty or reprisal, to form, join, and assist a labor organization or to refrain from any such activity, and each employee shall be protected in the exercise of this right.

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 1203 — Recognition of labor organizations

Page 47 TITLE 39—POSTAL SERVICE § 1204 under this section notwithstanding the provisions of any law other than title 39. ‘‘(d) [Fact-finding Panel, Other Procedure, or Arbitration Board for Resolution of Differences] If the parties fail to reach agreement within 90 days of the commencement of collective bargaining, a fact-finding panel will be es- tablished in accordance with the terms of section 1207(b) of title 39, United States Code, unless the par- ties have previously agreed to another procedure for a binding resolution of their differences. If the parties fail to reach agreement within 180 days of the com- mencement of collective bargaining, and if they have not agreed to another procedure for binding resolution, an arbitration board shall be established to provide conclusive and binding arbitration in accordance with the terms of section 1207(c) of such title. ‘‘(e) [Appropriation Provisions Inapplicable] Agree- ments made pursuant to this section and expenditures made under such agreements shall not be subject to the provisions of section 3679 of the Revised Statutes, as amended (31 U.S.C. 665) [sections 1341, 1342, and 1349–1351, subchapter II and chapter 15 of Title 31, Money and Finance]. ‘‘(f) [References to Title 39] For the purposes of this section, references to title 39 and sections of title 39 are references to title 39, United States Code, as enacted by section 2 of this Act.’’ [Provisions of section 10 of Pub. L. 91–375 effective Aug. 12, 1970, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of this title.] § 1202. Bargaining units The National Labor Relations Board shall de- cide in each case the unit appropriate for collec- tive bargaining in the Postal Service. The Na- tional L

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