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§ 1001. —  Appointment and status.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 39USC1001]

 
                        TITLE 39--POSTAL SERVICE
 
                           PART II--PERSONNEL
 
            CHAPTER 10--EMPLOYMENT WITHIN THE POSTAL SERVICE
 
Sec. 1001. Appointment and status

    (a) Except as otherwise provided in this title, the Postal Service 
shall appoint all officers and employees of the Postal Service.
    (b) Officers and employees of the Postal Service (other than those 
individuals appointed under sections 202, 204, and 1001(c) of this 
title) shall be in the postal career service, which shall be a part of 
the civil service. Such appointments and promotions shall be in 
accordance with the procedures established by the Postal Service. The 
Postal Service shall establish procedures, in accordance with this 
title, to assure its officers and employees meaningful opportunities for 
promotion and career development and to assure its officers and 
employees full protection of their employment rights by guaranteeing 
them an opportunity for a fair hearing on adverse actions, with 
representatives of their own choosing.
    (c) The Postal Service may hire individuals as executives under 
employment contracts for periods not in excess of 5 years. 
Notwithstanding any such contract, the Postal Service may at its 
discretion and at any time remove any such individual without prejudice 
to his contract rights.
    (d) Notwithstanding section 5533, 5535, or 5536 of title 5, or any 
other provision of law, any officer or employee of the Government of the 
United States is eligible to serve and receive pay concurrently as an 
officer or employee of the Postal Service (other than as a member of the 
Board or of the Postal Rate Commission) and as an officer or employee of 
any other department, agency, or establishment of the Government of the 
United States.
    (e) The Postal Service shall have the right, consistent with section 
1003 and chapter 12 of this title and applicable laws, regulations, and 
collective-bargaining agreements--
        (1) to direct officers and employees of the Postal Service in 
    the performance of official duties;
        (2) to hire, promote, transfer, assign, and retain officers and 
    employees in positions within the Postal Service, and to suspend, 
    demote, discharge, or take other disciplinary action against such 
    officers and employees;
        (3) to relieve officers and employees from duties because of 
    lack of work or for other legitimate reasons;
        (4) to maintain the efficiency of the operations entrusted to 
    it;
        (5) to determine the methods, means, and personnel by which such 
    operations are to be conducted;
        (6) to prescribe a uniform dress to be worn by letter carriers 
    and other designated employees; and
        (7) to take whatever actions may be necessary to carry out its 
    mission in emergency situations.

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 728.)


                             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.


   Transfer to United States Postal Service of Post Office Department 
                                Personnel

    Section 8 of Pub. L. 91-375 provided that: ``Officers and employees 
of the Post Office Department shall become officers and employees of the 
United States Postal Service on the effective date of this section. The 
provisions of this section shall not apply to persons occupying the 
positions of Postmaster General, Deputy Postmaster General, Assistant 
Postmasters General, General Counsel, or Judicial Officer. This section 
shall not be construed, however, to prohibit the appointment of such 
persons to positions in the Postal Service.''
    Provisions of section 8 of Pub. L. 91-375 effective within 1 year 
after Aug. 12, 1970, on date established therefor by the Board of 
Governors and published by it in the Federal Register, see section 15(a) 
of Pub. L. 91-375, set out as an Effective Date note preceding section 
101 of this title.


      Appointment of Postmasters and Other Employees on Merit Basis

    Section 13 of Pub. L. 91-375 provided that:
    ``(a) [Methods of Appointment; Order of precedence; Status of 
Postmasters in Office] Between the date of enactment of this Act [Aug. 
12, 1970] and the date on which the Board of Governors of the United 
States Postal Service determines that section 1001 of title 39, United 
States Code (as enacted by section 2 of this Act), is effective, the 
Postmaster General shall appoint postmasters at offices of all classes 
in the competitive civil service by one of the three following methods 
which shall be applied in the following order of precedence:
        ``(1) by selection of a qualified employee serving at the post 
    office where the vacancy occurs, including an acting postmaster who 
    was serving on January 1, 1969, who shall acquire a competitive 
    status upon being appointed postmaster;
        ``(2) if no qualified employee serving at the post office where 
    the vacancy occurs is available for, and willing to accept, 
    appointment by the method described in subparagraph (1), by 
    selection of a qualified employee serving in the postal field 
    service; or
        ``(3) if no qualified employee is available for, and willing to 
    accept, appointment by the methods described in subparagraph (1) or 
    (2), by competitive examination in accordance with the provisions of 
    title 5, United States Code, governing appointments in the 
    competitive service.
Enactment of this subsection shall not affect the status or tenure of 
postmasters in office on the date of enactment of this Act [Aug. 12, 
1970].
    ``(b) [Political Test Prohibition; Merit and Fitness Basis of 
Personnel Actions; Disciplinary Actions for Violations; Exceptions] (1) 
In the selection, appointment, and promotion of employees of the Post 
Office Department between the date of enactment of this Act [Aug. 12, 
1970] and the date on which the Board of Governors of the Postal Service 
determines that former section 3311 of title 39, United States Code, is 
no longer effective, no political test or qualification shall be 
permitted or given consideration, and all such personnel actions shall 
be taken on the basis of merit and fitness. Any officer or employee of 
the Post Office Department who violates this subsection shall be removed 
from office or otherwise disciplined in accordance with procedures for 
disciplinary action established pursuant to law.
    ``(2) This subsection does not apply to the selection and 
appointment of officers whose appointment is vested in the President, by 
and with the advice and consent of the Senate, or to the selection, 
appointment, or promotion to a position designated by the Civil Service 
Commission as a position of a confidential or policy-determining 
character or as a position to be filled by a noncareer executive 
assignment.''
    Provisions of section 13 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.

                  Section Referred to in Other Sections

    This section is referred to in section 1005 of this title.



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