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

Page 48 TITLE 39—POSTAL SERVICE § 1205 opportunity to choose the labor organization he wishes to represent him, from among those on the ballot, or ‘‘no union’’. (b) In any election where none of the choices on the ballot receives a majority, a runoff shall be conducted, the ballot providing for a selec- tion between the 2 choices receiving the largest and second largest number of valid votes cast in the election. In the event of a tie vote, addi- tional runoff elections shall be conducted until one of the choices has received a majority of the votes. (c) No election shall be held in any bargaining unit within which, in the preceding 12-month pe- riod, a valid election has been held. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 735.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title. § 1205. Deductions of dues (a) When a labor organization holds exclusive recognition, or when an organization of per- sonnel not subject to collective-bargaining agreements has consultation rights under sec- tion 1004 of this title, the Postal Service shall deduct the regular and periodic dues of the orga- nization from the pay of all members of the or- ganization in the unit of recognition if the Post Office Department or the Postal Service has re- ceived from each employee, on whose account such deductions are made, a written assignment which shall be irrevocable for a period of not more than one year. (b) Any agreement in effect immediately prior to the date of enactment of the Postal Reorga- nization Act between the Post Office Depart- ment and any organization of postal employees which provides for deduction by the Department of the regular and periodic dues of the organiza- tion from the pay of its members, shall continue in full force and effect and the obligation for such deductions shall be assumed by the Postal Service. No such deduction shall be made from the pay of any employee except on his written assignment, which shall be irrevocable for a pe- riod of not more than one year. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 735.) Editorial Notes REFERENCES IN TEXT The date of enactment of the Postal Reorganization Act, referred to in subsec. (b), means the date of enact- ment of Pub. L. 91–375, which was approved Aug. 12, 1970. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title. § 1206. Collective-bargaining agreements (a) Collective-bargaining agreements between the Postal Service and bargaining representa- tives recognized under section 1203 of this title shall be effective for not less than 2 years. (b) Collective-bargaining agreements between the Postal Service and bargaining representa- tives 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 rep- resentatives 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 agree- ment. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 735.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title. USE OF FUNDS FOR RESTRUCTURING OF EMPLOYEE COMPENSATION PRACTICES Pub. L. 98–396, title III, § 303, Aug. 22, 1984, 98 Stat. 1422, provided that: ‘‘None of the funds made available to the United States Postal Service under this Act [see Tables for classification] or any other Act may be used to restructure employee compensation practices as in effect under the most recently effective collective bar- gaining agreement under section 1206 of title 39, United States Code, except in accordance with the results of procedures set forth in section 1207 of such title.’’ § 1207. Labor disputes (a) If there is a collective-bargaining agree- ment in effect, no party to such agreement shall terminate or modify such agreement unless the party desiring such termination or modification serves written notice upon the other party to the agreement of the proposed termination or modification not less than 90 days prior to the expiration date thereof, or not less than 90 days prior to the time it is proposed to make such termination or modification. The party serving such notice shall notify the Federal Mediation and Conciliation Service of the existence of a dispute within 45 days after such notice, if no agreement has been reached by that time. (b) If the parties fail to reach agreement or to adopt a procedure providing for a binding resolu- tion of a dispute by the expiration date of the agreement in effect, or the date of the proposed termination or modification, the Director of the Federal Mediation and Conciliation Service shall within 10 days appoint a mediator of na- tionwide reputation and professional stature, and who is also a member of the National Acad- emy of Arbitrators. The parties shall cooperate with the mediator in an effort to reach an agree- ment and shall meet and negotiate in good faith at such times and places that the mediator, in consultation with the parties, shall direct. (c)(1) If no agreement is reached within 60 days after the expiration or termination of the agree- ment or the date on which the agreement be- came subject to modification under subsection