39 U.S.C. § 1003 — Employment policy

Page 40 TITLE 39—POSTAL SERVICE § 1003 1 So in original. Probably should be ‘‘includes’’. (2) the statement relates solely to the char- acter and residence of such person; (3) the statement is furnished pursuant to a request made by an authorized representative of the Government of the United States solely in order to determine whether such person meets the loyalty, suitability, and character requirements for employment with the Gov- ernment of the United States; or (4) the statement is furnished by a former employer of such person pursuant to a request of the Postal Service, and consists solely of an evaluation of the work performance, ability, aptitude, and general qualifications of such person during his employment with such former employer. (f) The Postal Service shall take any action it determines necessary and proper, including but not limited to suspension, removal from office, or disqualification from the Postal Service, to enforce the provisions of this section. (g) The provisions of this section shall not af- fect the right of an officer or employee of the Postal Service to petition Congress as author- ized by section 7211 of title 5. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 729; Pub. L. 95–454, title VII, § 703(c)(5), Oct. 13, 1978, 92 Stat. 1217; Pub. L. 109–435, title VI, § 604(a), Dec. 20, 2006, 120 Stat. 3241.) Editorial Notes AMENDMENTS 2006—Subsec. (a). Pub. L. 109–435 substituted ‘‘Postal Regulatory Commission’’ for ‘‘Postal Rate Commis- sion’’. 1978—Subsec. (g). Pub. L. 95–454 substituted ‘‘section 7211’’ for ‘‘section 7102’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of Title 5, Government Orga- nization and Employees. EFFECTIVE DATE Section effective Mar. 1, 1971, pursuant to Resolution No. 71–13 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. § 1003. Employment policy (a) Except as provided under chapters 2 and 12 of this title, section 415 of title 5, or other provi- sion of law, the Postal Service shall classify and fix the compensation and benefits of all officers and employees in the Postal Service. It shall be the policy of the Postal Service to maintain compensation and benefits for all officers and employees on a standard of comparability to the compensation and benefits paid for comparable levels of work in the private sector of the econ- omy. No officer or employee shall be paid com- pensation at a rate in excess of the rate for level I of the Executive Schedule under section 5312 of title 5. (b) Compensation and benefits for all officers and employees serving in or under the Office of Inspector General of the United States Postal Service shall be maintained on a standard of comparability to the compensation and benefits paid for comparable levels of work in the respec- tive Offices of Inspector General of the various establishments named in section 401(1) of title 5. (c) Compensation and benefits for all Postal Inspectors shall be maintained on a standard of comparability to the compensation and benefits paid for comparable levels of work in the execu- tive branch of the Government outside of the Postal Service. As used in this subsection, the term ‘‘Postal Inspector’’ included 1 any agent to whom any investigative powers are granted under section 3061 of title 18. (d) The Postal Service shall follow an employ- ment policy designed, without compromising the policy of section 101(a) of this title, to ex- tend opportunity to the disadvantaged and the handicapped. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 730; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 662(c)(2)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–380; Pub. L. 117–286, § 4(b)(65), Dec. 27, 2022, 136 Stat. 4350.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–286, § 4(b)(65)(A), sub- stituted ‘‘section 415 of title 5,’’ for ‘‘section 8G of the Inspector General Act of 1978,’’. Subsec. (b). Pub. L. 117–286, § 4(b)(65)(B), substituted ‘‘section 401(1) of title 5.’’ for ‘‘section 11(2) of the In- spector General Act of 1978.’’ 1996—Subsec. (a). Pub. L. 104–208, § 101(f) [title VI, § 662(c)(2)(B)], substituted ‘‘chapters 2 and 12 of this title, section 8G of the Inspector General Act of 1978,’’ for ‘‘chapters 2 and 12 of this title’’. Subsecs. (b) to (d). Pub. L. 104–208, § 101(f) [title VI, § 662(c)(2)(A)], added subsecs. (b) and (c) and redesig- nated former subsec. (b) as (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 20, 1971, pursuant to Resolution No. 71–8 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. COMPENSATION OF EMPLOYEES Pub. L. 91–375, § 9, Aug. 12, 1970, 84 Stat. 784, provided that: ‘‘(a) [Increase in Basic Pay Rate; Effective Date] The Postmaster General, under regulations made by him, shall increase the rates of basic pay or compensation of employees in the Post Office Department so that such rates will equal, as nearly as practicable, 108 percent of the rates of basic pay or compensation in effect imme- diately prior to the date of enactment of this Act [Aug. 12, 1970]. Such increases shall take effect on the first day of the first pay period which begins on or after April 16, 1970. ‘‘(b) [Retroactive Pay] Retroactive pay, compensation, or salary shall be paid by reason of this Act [see Short Title note set out under section 101 of this title] only in the case of an individual in the service of the United States (including service in the Armed Forces of the United States) on the date of enactment of this Act [Aug. 12, 1970], except that such retroactive pay, com- pensation, or salary shall be paid— ‘‘(1) to an officer or employee who retired, during the period beginning on the first day of the first pay Page 41 TITLE 39—POSTAL SERVICE § 1004 period which began on or after April 16, 1970, and end- ing on the date of enactment of this Act [Aug. 12, 1970], for services rendered during such period; and ‘‘(2) in accordance with subchapter VIII of chapter 55 of title 5, United States Code [section 5581 et seq. of Title 5, Government Organization and Employees], relating to settlement of accounts, for services ren- dered, during the period beginning on the first day of the first pay period which began on or after April 16, 1970, and ending on the date of enactment of this Act [Aug. 12, 1970], by an officer or employee who died during such period. Such retroactive pay, compensation, or salary shall not be considered as basic pay for the purposes of sub- chapter III of chapter 83 of title 5, United States Code [section 8331 et seq. of Title 5], relating to civil service retirement, or any other retirement law or retirement system, in the case of any such retired or deceased offi- cer or employee. ‘‘(c) [Period for Restoration to Government Position, as Service] For the purposes of this section, service in the Armed Forces of the United States, in the case of an in- dividual relieved from training and service in the Armed Forces of the United States or discharged from hospitalization following such training and service, shall include the period provided by law for the manda- tory restoration of such individual to a position in or under the Government of the United States. ‘‘(d) [Group Life Insurance; Amount; Effective Date] For purposes of determining the amount of insurance for which an individual is eligible under chapter 87 of title 5, United States Code [section 8701 et seq. of Title 5], re- lating to group life insurance for Government employ- ees, all changes in rates of pay, compensation, and sal- ary which result from the enactment of this section shall be held and considered to become effective as of the date of such enactment [Aug. 12, 1970]. ‘‘(e) [Limitation of Basic Pay Rate] No rate of basic pay or compensation, in excess of the rate of basic pay for GS–18 of the General Schedule in section 5332 of title 5, United States Code, shall be paid by reason of the en- actment of this section.’’ [Provisions of section 9 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.] § 1004. Supervisory and other managerial organi- zations (a) It shall be the policy of the Postal Service to provide compensation, working conditions, and career opportunities that will assure the at- traction 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 super- visory and other managerial personnel; to estab- lish and maintain continuously a program for all such personnel that reflects the essential im- portance of a well-trained and well-motivated force to improve the effectiveness of postal oper- ations; and to promote the leadership status of such personnel with respect to rank-and-file em- ployees, recognizing that the role of such per- sonnel in primary level management is particu- larly 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 or- ganization (other than an organization rep- resenting supervisors) represents at least 20 per- cent of postmasters, or that a managerial orga- nization (other than an organization rep- resenting supervisors or postmasters) represents a substantial percentage of managerial employ- ees, 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 re- lating to supervisory and other managerial em- ployees. (c)(1) The Postal Service and the supervisors’ organization shall, unless otherwise mutually agreed to, meet at least once each month to im- plement the consultation and direct participa- tion procedures of subsection (b) of this section. (2)(A) At least 7 days before each meeting, each party shall— (i) provide notice of agenda items, and (ii) describe in detail the proposals such party will make with respect to each such item. (B) Grievances of individual employees shall not be matters which may be included as agenda items under this paragraph. (d)(1) In order to facilitate consultation and direct participation by the supervisors’ organi- zation in the planning and development of pro- grams under subsection (b) of this section which affect members of the supervisors’ organization, the Postal Service shall— (A) provide in writing a description of any proposed program and the reasons for it; (B) give the organization at least 60 days (unless extraordinary circumstances require earlier action) to review and make rec- ommendations with respect to the program; and (C) give any recommendation from the orga- nization full and fair consideration in deciding whether or how to proceed with the program. (2) If the Postal Service decides to implement a program described in paragraph (1) of this sub- section, the Postal Service shall before such im- plementation— (A) give the supervisors’ organization details of its decision to implement the program, to- gether with the information upon which the decision is based; (B) give the organization an opportunity to make recommendations with respect to the program; and (C) give such recommendations full and fair consideration, including the providing of rea- sons to the organization if any of such rec- ommendations are rejected. (3) If a program described in paragraph (1) of this subsection is implemented, the Postal Serv- ice shall— (A) develop a method for the supervisors’ or- ganization to participate in further planning and development of the program, and (B) give the organization adequate access to information to make that participation pro- ductive. (4) The Postal Service and the supervisors’ or- ganization may, by agreement, adopt procedures different from those provided by this subsection.