39 U.S.C. § 1006 — Right of transfer

Page 45 TITLE 39—POSTAL SERVICE § 1010 spect to the calendar year 2006, see section 7 of Pub. L. 108–496, set out as an Effective Date note under section 8951 of Title 5, Government Organization and Employ- ees. EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–90, § 1(b)(1), Aug. 18, 1987, 101 Stat. 673, pro- vided that: ‘‘The amendment made by subsection (a) [amending this section] shall be effective after the ex- piration of the 30-day period beginning on the date of the enactment of this Act [Aug. 18, 1987].’’ EFFECTIVE DATE OF 1974 AMENDMENT Pub. L. 93–349, § 3, July 12, 1974, 88 Stat. 354, provided that: ‘‘The effective date of this Act [amending this section and section 8348 of Title 5, Government Organi- zation and Employees] shall be July 1, 1971, except that the Postal Service shall not be required to make (1) the payments due June 30, 1972, June 30, 1973, and June 30, 1974, attributable to pay increases granted by the Post- al Service prior to July 1, 1973, until such time as funds are appropriated to the Postal Service for that purpose, and (2) the transfer to the Civil Service Retirement and Disability Fund required by title II of the Treasury, Postal Service, and General Government Appropriation Act, 1974, Public Law 93–143 [which is not classified to the Code].’’ 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. ABATEMENT OF ACTIONS Pub. L. 100–90, § 1(b)(2), Aug. 18, 1987, 101 Stat. 673, pro- vided that: ‘‘An action which is commenced under sec- tion 1005(a)(1)(B) of title 39, United States Code, before the effective date of the amendment made by sub- section (a) [see Effective Date of 1987 Amendment note above] shall not abate by reason of the enactment of this Act [amending this section and enacting provisions set out as a note above]. Determinations with respect to any such action shall be made as if this Act had not been enacted.’’ Executive Documents TRANSFER OF FUNCTIONS Functions vested by statute in United States Civil Service Commission or Chairman thereof transferred to Director of Office of Personnel Management (except as otherwise specified) by Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, ef- fective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. § 1006. Right of transfer Officers and employees in the postal career service of the Postal Service shall be eligible for promotion or transfer to any other position in the Postal Service or the executive branch of the Government of the United States for which they are qualified. The authority given by this section shall be used to provide a maximum de- gree of career promotion opportunities for offi- cers and employees and to insure continued im- provement of postal services. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 732.) 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. § 1007. Seniority for employees in rural service Subject to agreements made under chapter 12 of this title, the seniority of an employee of the Postal Service occupying a position whose reg- ular duty involves the collection and delivery of mail on a rural route shall be preserved. Senior- ity for such employee shall commence on the first day of his service in such a position, or, in the event such an employee transfers to another such position, on the day he enters duty in the other position. Upon initial assignment, such an employee shall be assigned to the least desirable route and shall attain assignment to more desir- able routes by seniority. Promotions and assign- ments for such an employee in such position shall be based on seniority and ability. If ability be sufficient, seniority shall govern. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 732.) 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. § 1008. Temporary employees or carriers (a) A person temporarily employed to deliver mail is deemed an employee of the Postal Serv- ice and is subject to the provisions of chapter 83 of title 18 to the same extent as other employees of the Postal Service. (b) Any person, when engaged in carrying mail under contract with the Postal Service, or em- ployed by the Postal Service, is deemed a carrier or person entrusted with the mail and having custody thereof, within the meaning of sections 1701, 1708, and 2114 of title 18. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 732.) 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. § 1009. Personnel not to receive fees An officer or employee of the Postal Service may not receive any fee or perquisite from a pa- tron of the Postal Service on account of the du- ties performed by virtue of his appointment, ex- cept as authorized by law. (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. § 1010. Administration of oaths related to postal inspection matters Officers and employees of the Postal Service performing duties related to the inspection of