§ 1203. — Recognition of labor 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: 39USC1203]
TITLE 39--POSTAL SERVICE
PART II--PERSONNEL
CHAPTER 12--EMPLOYEE-MANAGEMENT AGREEMENTS
Sec. 1203. Recognition of labor organizations
(a) The Postal Service shall accord exclusive recognition to a labor
organization when the organization has been selected by a majority of
the employees in an appropriate unit as their representative.
(b) Agreements and supplements in effect on the date of enactment of
this section covering employees in the former Post Office Department
shall continue to be recognized by the Postal Service until altered or
amended pursuant to law.
(c) When a petition has been filed, in accordance with such
regulations as may be prescribed by the National Labor Relations Board--
(1) by an employee, a group of employees, or any labor
organization acting in their behalf, alleging that (A) a substantial
number of employees wish to be represented for collective bargaining
by a labor organization and that the Postal Service declines to
recognize such labor organization as the representative; or (B) the
labor organization which has been certified or is being currently
recognized by the Postal Service as the bargaining representative is
no longer a representative; or
(2) by the Postal Service, alleging that one or more labor
organizations has presented to it a claim to be recognized as the
representative;
the National Labor Relations Board shall investigate such petition and,
if it has reasonable cause to believe that a question of representation
exists, shall provide for an appropriate hearing upon due notice. Such
hearing may be conducted by an officer or employee of the National Labor
Relations Board, who shall not make any recommendations with respect
thereto. If the National Labor Relations Board finds upon the record of
such hearing that such a question of representation exists, it shall
direct an election by secret ballot and shall certify the results
thereof.
(d) A petition filed under subsection (c)(1) of this section shall
be accompanied by a statement signed by at least 30 percent of the
employees in the appropriate unit stating that they desire that an
election be conducted for either of the purposes set forth in such
subsection.
(e) Nothing in this section shall be construed to prohibit the
waiving of hearings by stipulation for the purpose of a consent election
in conformity with regulations and rules of decision of the National
Labor Relations Board.
(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 734.)
References in Text
The date of enactment of this section, referred to in subsec. (b),
means the date of enactment of Pub. L. 91-375, which was approved Aug.
12, 1970.
Section Referred to in Other Sections
This section is referred to in sections 1004, 1206, 1209 of this
title; title 5 section 8473.
