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 Labor Relations Board shall not include in any bargaining unit— (1) any management official or supervisor; (2) any employee engaged in personnel work in other than a purely nonconfidential clerical capacity; (3) both professional employees and employ- ees who are not professional employees unless a majority of such professional employees vote for inclusion in such unit; or (4) together with other employees, any indi- vidual employed as a security guard to enforce against employees and other persons, rules to protect property of the Postal Service or to protect the safety of property, mail, or per- sons on the premises of the Postal Service; but no labor organization shall be certified as the representative of employees in a bargaining unit of security guards if such organization admits to membership, or is affiliated directly or indirectly with an organization which ad- mits to membership, employees other than guards. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 733.) 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. § 1203. Recognition of labor organizations (a) The Postal Service shall accord exclusive recognition to a labor organization when the or- ganization 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 accord- ance 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 em- ployees 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 cer- tified or is being currently recognized by the Postal Service as the bargaining representa- tive 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 representa- tive; the National Labor Relations Board shall inves- tigate such petition and, if it has reasonable cause to believe that a question of representa- tion exists, shall provide for an appropriate hearing upon due notice. Such hearing may be conducted by an officer or employee of the Na- tional Labor Relations Board, who shall not make any recommendations with respect there- to. 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 petition filed under subsection (c)(1) of this section shall be accompanied by a state- ment signed by at least 30 percent of the em- ployees in the appropriate unit stating that they desire that an election be conducted for either of the purposes set forth in such subsection. (e) Nothing in this section shall be construed to prohibit the waiving of hearings by stipula- tion for the purpose of a consent election in con- formity with regulations and rules of decision of the National Labor Relations Board. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 734.) Editorial Notes REFERENCES IN TEXT The date of enactment of this section, referred to in subsec. (b), means the date of enactment 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. § 1204. Elections (a) All elections authorized under this chapter shall be conducted under the supervision of the National Labor Relations Board, or persons des- ignated by it, and shall be by secret ballot. Each employee eligible to vote shall be provided the