§ 1201. — Definition.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 39USC1201]
TITLE 39--POSTAL SERVICE
PART II--PERSONNEL
CHAPTER 12--EMPLOYEE-MANAGEMENT AGREEMENTS
Sec. 1201. Definition
As used in this chapter, ``guards'' means--
(1) maintenance guards who, on the effective date of this
chapter, are in key position KP-5 under the provisions of former
section 3514 of title 39; and
(2) security guards, who may be employed in the Postal Service
and whose primary duties shall include the exercise of authority to
enforce rules to protect the safety of property, mail, or persons on
the premises.
(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 733.)
References in Text
The effective date of this chapter, referred to in par. (1), is July
1, 1971. See Effective Date note below.
Former section 3514 of title 39, referred to in par. (1), means
section 3514 of former Title 39, The Postal Service, prior to the
general revision and reenactment of Title 39 by Pub. L. 91-375, Aug. 12,
1970, 84 Stat. 719.
Effective Date
Chapter 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.
Labor Agreements
Section 10 of Pub. L. 91-375 provided that:
``(a) [Wages, Hours, and Working Conditions; Parties to Agreement]
As soon as practicable after the enactment of this Act [Aug. 12, 1970],
the Postmaster General and the labor organizations which as of the
effective date of this section [see note below] hold national exclusive
recognition rights granted by the Post Office Department, shall
negotiate an agreement or agreements covering wages, hours, and working
conditions of the employees represented by such labor organizations. The
parties shall commence bargaining for such agreement or agreements not
later than 30 days following delivery of a written request therefor by a
labor organization to the Postmaster General or by the Postmaster
General to a labor organization. Any agreement made pursuant to this
section shall continue in force after the commencement of operations of
the United States Postal Service in the same manner and to the same
extent as if entered into between the Postal Service and recognized
collective-bargaining representatives under chapter 12 of title 39,
United States Code.
``(b) [Wage Schedule; Service Period for Maximum Pay; Pay Step
Advancement] Any agreement negotiated under this section shall establish
a new wage schedule whereunder postal employees will reach the maximum
pay step for their respective labor grades after not more than 8 years
of satisfactory service in such grades. The agreements shall provide
that where an employee had sufficient satisfactory service in the pay
step he occupied on the effective date of this section [see note below]
to have qualified for advancement to the next highest pay step under the
new wage schedule, had such schedule been in effect throughout the
period of such service, the employee shall be advanced to such next
highest pay step in the new schedule on the effective date of the new
schedule.
``(c) [Effective Date; Establishment of Wages, Hours, and Working
Conditions] An agreement made under this section shall become effective
at any time after the commencement of bargaining, in accordance with the
terms thereof. The Postmaster General shall establish wages, hours, and
working conditions in accordance with the terms of any agreement or
agreements made under this section notwithstanding the provisions of any
law other than title 39.
``(d) [Fact-finding Panel, Other Procedure, or Arbitration Board for
Resolution of Differences] If the parties fail to reach agreement within
90 days of the commencement of collective bargaining, a fact-finding
panel will be established in accordance with the terms of section
1207(b) of title 39, United States Code, 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 of
the commencement of collective bargaining, 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 section 1207(c) of such title.
``(e) [Appropriation Provisions Inapplicable] Agreements made
pursuant to this section and expenditures made under such agreements
shall not be subject to the provisions of section 3679 of the Revised
Statutes, as amended (31 U.S.C. 665) [sections 1341, 1342, and 1349-
1351, subchapter II and chapter 15 of Title 31, Money and Finance].
``(f) [References to Title 39] For the purposes of this section,
references to title 39 and sections of title 39 are references to title
39, United States Code, as enacted by section 2 of this Act.''
[Provisions of section 10 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.]
