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, unless the parties have previously agreed to another procedure for a binding resolution of their differences. If the parties fail to reach agreement within 180 days after the commencement of collective bar- gaining, 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 subsection (c) of this section. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 735; Pub. L. 109–435, title V, § 505(a), Dec. 20, 2006, 120 Stat. 3235.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–435 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to labor disputes between the Postal Service and bargaining representatives. 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. § 1208. Suits (a) The courts of the United States shall have jurisdiction with respect to actions brought by the National Labor Relations Board under this chapter to the same extent that they have juris- diction with respect to actions under title 29. (b) Suits for violation of contracts between the Postal Service and a labor organization rep- resenting Postal Service employees, or between any such labor organizations, may be brought in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy. (c) A labor organization and the Postal Serv- ice shall be bound by the authorized acts of their agents. Any labor organization may sue or be sued as an entity and in behalf of the employ- ees whom it represents in the courts of the United States. Any money judgment against a labor organization in a district court of the United States shall be enforcible only against the organization as an entity and against its as- sets, and shall not be enforcible against any in- dividual member or his assets. (d) For the purposes of actions and pro- ceedings by or against labor organizations in the district courts of the United States, district courts shall be deemed to have jurisdiction of a labor organization (1) in the district in which such organization maintains its principal of- fices, or (2) in any district in which its duly au- thorized officers or agents are engaged in rep- resenting or acting for employee members. (e) The service of summons, subpena, or other legal process of any court of the United States upon an officer or agent of a labor organization, in his capacity as such, shall constitute service upon the labor organization. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 736.) 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. § 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 sub- chapter 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, and to such organizations, offi- cers, agents, shop stewards, other representa- tives, 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. In addition to the authority conferred on him under section 438 of title 29, the Sec- retary of Labor shall have authority, by regula- tion 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 sim- plified 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 pen- alty or reprisal, to form, join, and assist a labor organization or to refrain from any such activ- Page 50 TITLE 39—POSTAL SERVICE § 2001 ity, and each employee shall be protected in the exercise of this right. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 737.) 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. PART III—MODERNIZATION AND FISCAL ADMINISTRATION Chap. Sec. 20. Finance .................................................. 2001 22. Convict Labor ...................................... 2201 24. Appropriations and Annual Report 2401 26. Debts and Collection .......................... 2601 28. Strategic Planning and Perform- ance Management ............................ 2801 29. Property Management ....................... 2901 Editorial Notes AMENDMENTS 2016—Pub. L. 114–318, § 4(b), Dec. 16, 2016, 130 Stat. 1614, added item for chapter 29. 2006—Pub. L. 109–435, title X, § 1010(g)(2), Dec. 20, 2006, 120 Stat. 3262, substituted ‘‘Strategic Planning and Per- formance Management’’ for ‘‘Strategic planning and performance management’’ in item for chapter 28. 1993—Pub. L. 103–62, § 11(c), Aug. 3, 1993, 107 Stat. 296, added item for chapter 28. CHAPTER 20—FINANCE Sec. 2001. Definitions. 2002. Capital of the Postal Service. 2003. The Postal Service Fund. [2004. Repealed.] 2005. Obligations. 2006. Relationship between the Treasury and the Postal Service. 2007. Public debt character of the obligations of the Postal Service. 2008. Audit and expenditures. 2009. Annual budget. 2009a. Budgetary treatment of the Postal Service Fund. 2010. Restrictions on agreements. 2011. Provisions relating to competitive products. Editorial Notes AMENDMENTS 2006—Pub. L. 109–435, title IV, § 401(a)(2), Dec. 20, 2006, 120 Stat. 3225, added item 2011. 1997—Pub. L. 105–33, title VII, § 7003(a)(2)(A), Aug. 5, 1997, 111 Stat. 663, struck out item 2004 ‘‘Transitional appropriations’’. 1989—Pub. L. 101–239, title IV, § 4001(a)(2), Dec. 19, 1989, 103 Stat. 2133, added item 2009a. Statutory Notes and Related Subsidiaries DISPOSITION OF SAVINGS ACCRUING TO THE UNITED STATES POSTAL SERVICE Pub. L. 108–18, § 3, Apr. 23, 2003, 117 Stat. 627, which provided for disposition of savings accruing to the United States Postal Service, was repealed by Pub. L. 109–435, title VIII, § 804(a), Dec. 20, 2006, 120 Stat. 3253. § 2001. Definitions As used in this chapter— (1) ‘‘Fund’’ means the Postal Service Fund established by section 2003 of this chapter; (2) COMPETITIVE PRODUCTS FUND.—The term ‘‘Competitive Products Fund’’ means the Post- al Service Competitive Products Fund estab- lished by section 2011; and (3) ‘‘obligations’’, when referring to debt in- struments issued by the Postal Service, means notes, bonds, debentures, mortgages, and any other evidence of indebtedness. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 738; Pub. L. 109–435, title IV, § 401(b)(1), Dec. 20, 2006, 120 Stat. 3225.) Editorial Notes AMENDMENTS 2006—Pars. (2), (3). Pub. L. 109–435 added par. (2) and redesignated former par. (2) as (3). 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. § 2002. Capital of the Postal Service (a) The initial capital of the Postal Service shall consist of the equity, as reflected in the budget of the President, of the Government of the United States in the former Post Office De- partment. The value of assets and the amount of liabilities transferred to the Postal Service upon the commencement of operations of the Postal Service shall be determined by the Postal Serv- ice subject to the approval of the Comptroller General, in accordance with the following guide- lines: (1) Assets shall be valued on the basis of original cost less depreciation, to the extent that such value can be determined. The value recorded on the former Post Office Depart- ment’s books of account shall be prima facie evidence of asset value. (2) All liabilities attributable to operations of the former Post Office Department shall re- main liabilities of the Government of the United States, except that upon commence- ment of operations of the Postal Service, the unexpended balances of appropriations made to, held or used by, or available to the former Post Office Department and all liabilities chargeable thereto shall become assets and li- abilities, respectively, of the Postal Service. (b) The capital of the Postal Service at any time shall consist of its assets, including the balance in the Fund and the balance in the Com- petitive Products Fund, less its liabilities. (c) The Postal Service, and the Administrator of General Services where properties under the jurisdiction of the Administrator are involved, with the approval of the Director of the Office of Management and Budget, shall determine which Federal properties shall be transferred to the Postal Service and which shall remain under the jurisdiction of any other department, agency, or establishment of the Government of the United States upon the commencement of operations of