§ 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.
