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

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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Stable record: federal_law:legal_authorities:record_usc_da6adc14dffec376f91c86d8
Source file: Laws/federal/codes/united-states-code/title-39/section-1209-applicability-of-federal-labor-laws--7b0ec8106b.md
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Source location: Title 39, Chapter 12, § 1209; chapter-012-employee-management-agreements.md

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

29 U.S.C. § 438 — Rules and regulations; simplified reports

The Secretary shall have authority to issue, amend, and rescind rules and regulations prescribing the form and publication of reports required to be filed under this subchapter and such other reasonable rules and regulations (including rules prescribing reports concerning trusts in which a labor organization is interested) as he may find necessary to prevent the circumvention or evasion of such reporting requirements. In exercising his power under this section the Secretary shall prescribe by general rule simplified reports for labor organizations or employers for whom he finds that by virtue of their size a detailed report would be unduly burdensome, but the Secretary may revoke such provision for simplified forms of any labor organization or employer if he determines, after such investigation as he deems proper and due notice and opportunity for a hearing, that the purposes of this section would be served thereby.

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

29 U.S.C. § 402 — Definitions

For the purposes of this chapter— **(a)** “Commerce” means trade, traffic, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof. **(b)** “State” includes any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act [[43 U.S.C. 1331](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1331&num=0&edition=prelim) et seq.]. **(c)** “Industry affecting commerce” means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes any activity or industry “affecting commerce” within the meaning of the Labor Management Relations Act, 1947, as amended [[29 U.S.C. 141](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section141&num=0&edition=prelim) et seq.], or the Railway Labor Act, as amended [[45 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section151&num=0&edition=prelim) et seq.]. **(d)** “Person” includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11, or receivers. **(e)** “Employer” means any employer or any group or association of employers engaged in an industry affecting commerce (1) which is, with respect to employees engaged in an industry affecting commerce, an employer within the meaning of any law of the United States relating to the employment of any employees or (2) w

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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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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. § 1209 — Applicability of Federal labor laws

Page 49 TITLE 39—POSTAL SERVICE § 1209 (a) of this section, or if the parties decide upon arbitration but do not agree upon the procedures therefore, an arbitration board shall be estab- lished consisting of 3 members, 1 of whom shall be selected by the Postal Service, 1 by the bar- gaining representative of the employees, and the third by the 2 thus selected. If either of the par- ties fails to select a member, or if the members chosen by the parties fail to agree on the third person within 5 days after their first meeting, the selection shall be made from a list of names provided by the Director. This list shall consist of not less then 9 names of arbitrators of nation- wide reputation and professional nature, who are also members of the National Academy of Arbitrators, and whom the Director has deter- mined are available and willing to serve. (2) The arbitration board shall give the parties a full and fair hearing, including an opportunity to present evidence in support of their claims, and an opportunity to present their case in per- son, by counsel or by other representative as they may elect. Decisions of the arbitration board shall be conclusive and binding upon the parties. The arbitration board shall render its decision within 45 days after its appointment. (3) Costs of the arbitration board and medi- ation shall be shared equally by the Postal Serv- ice and the bargaining representative. (d) In the case of a bargaining unit whose rec- ognized collective-bargaining representative does not have an agreement with the Postal Service, if the parties fail to reach the agree- ment within 90 days after the commencement of collective bargaining, a mediator shall be ap- pointed in accordance with the terms in sub- section (b) of this section, u

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