§ 1004. — Supervisory and other managerial organizations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 39USC1004]
TITLE 39--POSTAL SERVICE
PART II--PERSONNEL
CHAPTER 10--EMPLOYMENT WITHIN THE POSTAL SERVICE
Sec. 1004. Supervisory and other managerial organizations
(a) It shall be the policy of the Postal Service to provide
compensation, working conditions, and career opportunities that will
assure the attraction 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 supervisory and other managerial
personnel; to establish and maintain continuously a program for all such
personnel that reflects the essential importance of a well-trained and
well-motivated force to improve the effectiveness of postal operations;
and to promote the leadership status of such personnel with respect to
rank-and-file employees, recognizing that the role of such personnel in
primary level management is particularly 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, or that a managerial organization (other than an
organization representing supervisors) represents a substantial
percentage of managerial employees, 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 relating to supervisory and other managerial employees.
(c)(1) The Postal Service and the supervisors' organization shall,
unless otherwise mutually agreed to, meet at least once each month to
implement the consultation and direct participation 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' organization in the planning and development of
programs 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
recommendations with respect to the program; and
(C) give any recommendation from the organization 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 subsection, the Postal Service shall before
such implementation--
(A) give the supervisors' organization details of its decision
to implement the program, together 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 reasons to the organization if any of
such recommendations are rejected.
(3) If a program described in paragraph (1) of this subsection is
implemented, the Postal Service shall--
(A) develop a method for the supervisors' organization to
participate in further planning and development of the program, and
(B) give the organization adequate access to information to make
that participation productive.
(4) The Postal Service and the supervisors' organization may, by
agreement, adopt procedures different from those provided by this
subsection.
(e)(1) The Postal Service shall, within 45 days of each date on
which an agreement is reached on a collective bargaining agreement
between the Postal Service and the bargaining representative recognized
under section 1203 of this title which represents the largest number of
employees, make a proposal for any changes in pay policies and schedules
and fringe benefit programs for members of the supervisors' organization
which are to be in effect during the same period as covered by such
agreement.
(2) The Postal Service and the supervisors' organization shall
strive to resolve any differences concerning the proposal described in
paragraph (1) of this subsection under the procedures provided for, or
adopted under, subsection (d) of this section.
(3) The Postal Service shall provide its decision concerning changes
proposed under paragraph (1) of this subsection to the supervisors'
organization within 90 days following the submission of the proposal.
(f)(1) If, notwithstanding the mutual efforts required by subsection
(e) of this section, the supervisors' organization believes that the
decision of the Postal Service is not in accordance with the provisions
of this title, the organization may, within 10 days following its
receipt of such decision, request the Federal Mediation and Conciliation
Service to convene a factfinding panel (hereinafter referred to as the
``panel'') concerning such matter.
(2) Within 15 days after receiving a request under paragraph (1) of
this subsection, the Federal Mediation and Conciliation Service shall
provide a list of 7 individuals recognized as experts in supervisory and
managerial pay policies. Each party shall designate one individual from
the list to serve on the panel. If, within 10 days after the list is
provided, either of the parties has not designated an individual from
the list, the Director of the Federal Mediation and Conciliation Service
shall make the designation. The first two individuals designated from
the list shall meet within 5 days and shall designate a third individual
from the list. The third individual shall chair the panel. If the two
individuals designated from the list are unable to designate a third
individual within 5 days after their first meeting, the Director shall
designate the third individual.
(3)(A) The panel shall recommend standards for pay policies and
schedules and fringe benefit programs affecting the members of the
supervisors' organization for the period covered by the collective
bargaining agreement specified in subsection (e)(1) of this section. The
standards shall be consistent with the policies of this title, including
sections 1003(a) and 1004(a) of this title.
(B) The panel shall, consistent with such standards, make
appropriate recommendations concerning the differences between the
parties on such policies, schedules, and programs.
(4) The panel shall make its recommendation no more than 30 days
after its appointment, unless the Postal Service and the supervisors'
organization agree to a longer period. The panel shall hear from the
Postal Service and the supervisors' organization in such a manner as it
shall direct. The cost of the panel shall be borne equally by the Postal
Service and the supervisors' organization.
(5) Not more than 15 days after the panel has made its
recommendation, the Postal Service shall provide the supervisors'
organization its final decision on the matters covered by factfinding
under this subsection. The Postal Service shall give full and fair
consideration to the panel's recommendation and shall explain in writing
any differences between its final decision and the panel's
recommendation.
(g) Not earlier than 3 years after the date of the enactment of this
subsection, and from time to time thereafter, the Postal Service or the
supervisors' organization may request, by written notice to the Federal
Mediation and Conciliation Service and to the other party, the creation
of a panel to review the effectiveness of the procedures and the other
provisions of this section and the provisions of section 1003 of this
title. The panel shall be designated in accordance with the procedure
established in subsection (f)(2) of this section. The panel shall make
recommendations to the Congress for changes in this title as it finds
appropriate.
(h) For purposes of this section--
(1) ``supervisors' organization'' means the organization
recognized by the Postal Service under subsection (b) of this
section as representing a majority of supervisors; and
(2) ``members of the supervisors' organization'' means employees
of the Postal Service who are recognized under an agreement between
the Postal Service and the supervisors' organization as represented
by such organization.
(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 731; Pub. L. 96-326, Aug. 8,
1980, 94 Stat. 1023.)
References in Text
The date of the enactment of this subsection, referred to in subsec.
(g), is the date of enactment of Pub. L. 96-326, which was approved Aug.
8, 1980.
Amendments
1980--Subsecs. (c) to (h). Pub. L. 96-326 added subsecs. (c) to (h).
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.
Section Referred to in Other Sections
This section is referred to in section 1005 of this title; title 5
section 8473; title 18 section 205.
