-CITE-

39 USC CHAPTER 10 - EMPLOYMENT WITHIN THE POSTAL SERVICE 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART II - PERSONNEL

CHAPTER 10 - EMPLOYMENT WITHIN THE POSTAL SERVICE

-HEAD-

CHAPTER 10 - EMPLOYMENT WITHIN THE POSTAL SERVICE

-MISC1-

Sec.

1001. Appointment and status.

1002. Political recommendations.

1003. Employment policy.

1004. Supervisory and other managerial organizations.

1005. Applicability of laws relating to Federal employees.

1006. Right of transfer.

1007. Seniority for employees in rural service.

1008. Temporary employees or carriers.

1009. Personnel not to receive fees.

1010. Administration of oaths related to postal inspection

matters.

1011. Oath of office.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 3604 of this title.

-End-

-CITE-

39 USC Sec. 1001 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART II - PERSONNEL

CHAPTER 10 - EMPLOYMENT WITHIN THE POSTAL SERVICE

-HEAD-

Sec. 1001. Appointment and status

-STATUTE-

(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.

-SOURCE-

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

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

39 USC Sec. 1002 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART II - PERSONNEL

CHAPTER 10 - EMPLOYMENT WITHIN THE POSTAL SERVICE

-HEAD-

Sec. 1002. Political recommendations

-STATUTE-

(a) Except as provided in subsection (e) of this section, each

appointment, promotion, assignment, transfer, or designation,

interim or otherwise, of an officer or employee in the Postal

Service (except a Governor or member of the Postal Rate Commission)

shall be made without regard to any recommendation or statement,

oral or written, with respect to any person who requests or is

under consideration for such appointment, promotion, assignment,

transfer, or designation, made by -

(1) any Member of the Senate or House of Representatives

(including the Resident Commissioner from Puerto Rico);

(2) any elected official of the government of any State

(including the Commonwealth of Puerto Rico) or of any county,

city, or other political subdivision of such State or

Commonwealth;

(3) any official of a national political party or of a

political party of any State (including the Commonwealth of

Puerto Rico), county, city, or other subdivision of such State or

Commonwealth; or

(4) any other individual or organization.

(b) Except as provided in subsection (e) of this section, a

person or organization referred to in clause (1), (2), (3), or (4)

of subsection (a) of this section is prohibited from making or

transmitting to the Postal Service, or to any other officer or

employee of the Government of the United States, any recommendation

or statement, oral or written, with respect to any person who

requests or is under consideration for any such appointment,

promotion, assignment, transfer, or designation. The Postal Service

and any officer or employee of the Government of the United States,

subject to subsection (e) of this section -

(1) shall not solicit, request, consider, or accept any such

recommendation or statement; and

(2) shall return any such written recommendation or statement

received by him, appropriately marked as in violation of this

section, to the person or organization making or transmitting the

same.

(c) A person who requests or is under consideration for any such

appointment, promotion, assignment, transfer, or designation is

prohibited from requesting or soliciting any such recommendation or

statement from any person or organization except a statement of the

type referred to in subsection (e)(2) of this section.

(d) Each employment form of the Postal Service used in connection

with any such appointment, promotion, assignment, transfer, or

designation shall contain appropriate language in boldface type

informing all persons concerned of the provisions of this section.

During the time any such appointment, promotion, assignment,

transfer, or designation is under consideration, appropriate notice

of the provisions of this section printed in boldface type shall be

posted in the post office concerned.

(e) The Postal Service or any authorized officer or employee of

the Government of the United States may solicit, accept, and

consider, and any other individual or organization may furnish or

transmit to the Postal Service or such authorized officer or

employee, any statement with respect to a person who requests or is

under consideration for such appointment, promotion, assignment,

transfer, or designation, if -

(1) the statement is furnished pursuant to a request or

requirement of the Postal Service and consists solely of an

evaluation of the work performance, ability, aptitude, and

general qualifications of such person;

(2) the statement relates solely to the character and residence

of such person;

(3) the statement is furnished pursuant to a request made by an

authorized representative of the Government of the United States

solely in order to determine whether such person meets the

loyalty, suitability, and character requirements for employment

with the Government of the United States; or

(4) the statement is furnished by a former employer of such

person pursuant to a request of the Postal Service, and consists

solely of an evaluation of the work performance, ability,

aptitude, and general qualifications of such person during his

employment with such former employer.

(f) The Postal Service shall take any action it determines

necessary and proper, including but not limited to suspension,

removal from office, or disqualification from the Postal Service,

to enforce the provisions of this section.

(g) The provisions of this section shall not affect the right of

an officer or employee of the Postal Service to petition Congress

as authorized by section 7211 of title 5.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 729; Pub. L. 95-454, title

VII, Sec. 703(c)(5), Oct. 13, 1978, 92 Stat. 1217.)

-MISC1-

AMENDMENTS

1978 - Subsec. (g). Pub. L. 95-454 substituted "section 7211" for

"section 7102".

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of Title 5, Government Organization and Employees.

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.

-End-

-CITE-

39 USC Sec. 1003 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART II - PERSONNEL

CHAPTER 10 - EMPLOYMENT WITHIN THE POSTAL SERVICE

-HEAD-

Sec. 1003. Employment policy

-STATUTE-

(a) Except as provided under chapters 2 and 12 of this title,

section 8G of the Inspector General Act of 1978, or other provision

of law, the Postal Service shall classify and fix the compensation

and benefits of all officers and employees in the Postal Service.

It shall be the policy of the Postal Service to maintain

compensation and benefits for all officers and employees on a

standard of comparability to the compensation and benefits paid for

comparable levels of work in the private sector of the economy. No

officer or employee shall be paid compensation at a rate in excess

of the rate for level I of the Executive Schedule under section

5312 of title 5.

(b) Compensation and benefits for all officers and employees

serving in or under the Office of Inspector General of the United

States Postal Service shall be maintained on a standard of

comparability to the compensation and benefits paid for comparable

levels of work in the respective Offices of Inspector General of

the various establishments named in section 11(2) of the Inspector

General Act of 1978.

(c) Compensation and benefits for all Postal Inspectors shall be

maintained on a standard of comparability to the compensation and

benefits paid for comparable levels of work in the executive branch

of the Government outside of the Postal Service. As used in this

subsection, the term "Postal Inspector" included (!1) any agent to

whom any investigative powers are granted under section 3061 of

title 18.

(d) The Postal Service shall follow an employment policy

designed, without compromising the policy of section 101(a) of this

title, to extend opportunity to the disadvantaged and the

handicapped.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 730; Pub. L. 104-208, div.

A, title I, Sec. 101(f) [title VI, Sec. 662(c)(2)], Sept. 30, 1996,

110 Stat. 3009-314, 3009-380.)

-REFTEXT-

REFERENCES IN TEXT

Sections 8G and 11(2) of the Inspector General Act of 1978,

referred to in subsecs. (a) and (b), are sections 8G and 11(2) of

Pub. L. 95-452, which are set out in the Appendix to Title 5,

Government Organization and Employees.

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-208, Sec. 101(f) [title VI, Sec.

662(c)(2)(B)], substituted "chapters 2 and 12 of this title,

section 8G of the Inspector General Act of 1978," for "chapters 2

and 12 of this title".

Subsecs. (b) to (d). Pub. L. 104-208, Sec. 101(f) [title VI, Sec.

662(c)(2)(A)], added subsecs. (b) and (c) and redesignated former

subsec. (b) as (d).

EFFECTIVE DATE

Section effective Jan. 20, 1971, pursuant to Resolution No. 71-8

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.

COMPENSATION OF EMPLOYEES

Section 9 of Pub. L. 91-375 provided that:

"(a) [Increase in Basic Pay Rate; Effective Date] The Postmaster

General, under regulations made by him, shall increase the rates of

basic pay or compensation of employees in the Post Office

Department so that such rates will equal, as nearly as practicable,

108 percent of the rates of basic pay or compensation in effect

immediately prior to the date of enactment of this Act [Aug. 12,

1970]. Such increases shall take effect on the first day of the

first pay period which begins on or after April 16, 1970.

"(b) [Retroactive Pay] Retroactive pay, compensation, or salary

shall be paid by reason of this Act [see Short Title note set out

under section 101 of this title] only in the case of an individual

in the service of the United States (including service in the Armed

Forces of the United States) on the date of enactment of this Act

[Aug. 12, 1970], except that such retroactive pay, compensation, or

salary shall be paid -

"(1) to an officer or employee who retired, during the period

beginning on the first day of the first pay period which began on

or after April 16, 1970, and ending on the date of enactment of

this Act [Aug. 12, 1970], for services rendered during such

period; and

"(2) in accordance with subchapter VIII of chapter 55 of title

5, United States Code [section 5581 et seq. of Title 5,

Government Organization and Employees], relating to settlement of

accounts, for services rendered, during the period beginning on

the first day of the first pay period which began on or after

April 16, 1970, and ending on the date of enactment of this Act

[Aug. 12, 1970], by an officer or employee who died during such

period.

Such retroactive pay, compensation, or salary shall not be

considered as basic pay for the purposes of subchapter III of

chapter 83 of title 5, United States Code [section 8331 et seq. of

Title 5], relating to civil service retirement, or any other

retirement law or retirement system, in the case of any such

retired or deceased officer or employee.

"(c) [Period for Restoration to Government Position, as Service]

For the purposes of this section, service in the Armed Forces of

the United States, in the case of an individual relieved from

training and service in the Armed Forces of the United States or

discharged from hospitalization following such training and

service, shall include the period provided by law for the mandatory

restoration of such individual to a position in or under the

Government of the United States.

"(d) [Group Life Insurance; Amount; Effective Date] For purposes

of determining the amount of insurance for which an individual is

eligible under chapter 87 of title 5, United States Code [section

8701 et seq. of Title 5], relating to group life insurance for

Government employees, all changes in rates of pay, compensation,

and salary which result from the enactment of this section shall be

held and considered to become effective as of the date of such

enactment [Aug. 12, 1970].

"(e) [Limitation of Basic Pay Rate] No rate of basic pay or

compensation, in excess of the rate of basic pay for GS-18 of the

General Schedule in section 5332 of title 5, United States Code,

shall be paid by reason of the enactment of this section."

Provisions of section 9 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1001, 1004 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "includes".

-End-

-CITE-

39 USC Sec. 1004 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART II - PERSONNEL

CHAPTER 10 - EMPLOYMENT WITHIN THE POSTAL SERVICE

-HEAD-

Sec. 1004. Supervisory and other managerial organizations

-STATUTE-

(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.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 731; Pub. L. 96-326, Aug.

8, 1980, 94 Stat. 1023.)

-REFTEXT-

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.

-MISC1-

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.

-SECREF-

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.

-End-

-CITE-

39 USC Sec. 1005 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART II - PERSONNEL

CHAPTER 10 - EMPLOYMENT WITHIN THE POSTAL SERVICE

-HEAD-

Sec. 1005. Applicability of laws relating to Federal employees

-STATUTE-

(a)(1) Except as otherwise provided in this subsection, the

provisions of chapter 75 of title 5 shall apply to officers and

employees of the Postal Service except to the extent of any

inconsistency with -

(A) the provisions of any collective-bargaining agreement

negotiated on behalf of and applicable to them; or

(B) procedures established by the Postal Service and approved

by the Civil Service Commission.

(2) The provisions of title 5 relating to a preference eligible

(as that term is defined under section 2108(3) of such title) shall

apply to an applicant for appointment and any officer or employee

of the Postal Service in the same manner and under the same

conditions as if the applicant, officer, or employee were subject

to the competitive service under such title. The provisions of this

paragraph shall not be modified by any program developed under

section 1004 of this title or any collective-bargaining agreement

entered into under chapter 12 of this title.

(3) The provisions of this subsection shall not apply to those

individuals appointed under sections 202, 204, and 1001(c) of this

title.

(4)(A) Subchapter II of chapter 75 of title 5 shall apply -

(i) to any preference eligible in the Postal Service who is an

employee within the meaning of section 7511(a)(1)(B) of such

title; and

(ii) to any other individual who -

(I) is in the position of a supervisor or a management

employee in the Postal Service, or is an employee of the Postal

Service engaged in personnel work in other than a purely

nonconfidential clerical capacity; and

(II) has completed 1 year of current continuous service in

the same or similar positions.

(B)(i) The second sentence of paragraph (2) of this subsection

applies with respect to the provisions of subparagraph (A) of this

paragraph, to the extent that such provisions relate to preference

eligibles.

(ii) The provisions of subparagraph (A) of this paragraph shall

not, to the extent that such provisions relate to an individual

under clause (ii) of such subparagraph, be modified by any program

developed under section 1004 of this title.

(b) Section 5941 of title 5 shall apply to the Postal Service.

For purposes of such section, the pay of officers and employees of

the Postal Service shall be considered to be fixed by statute, and

the basic pay of an employee shall be the pay (but not any

allowance or benefit) of that officer or employee established in

accordance with the provisions of this title.

(c) Officers and employees of the Postal Service shall be covered

by subchapter I of chapter 81 of title 5, relating to compensation

for work injuries.

(d)(1) Officers and employees of the Postal Service (other than

the Governors) shall be covered by chapters 83 and 84 of title 5.

The Postal Service shall withhold from pay and shall pay into the

Civil Service Retirement and Disability Fund the amounts specified

in or determined under such chapter 83 and subchapter II of such

chapter 84, respectively. The Postal Service shall pay into the

Federal Retirement Thrift Savings Fund the amounts specified in or

determined under subchapters III and VII of such chapter 84.

(2) The provisions of subsection (g) of section 5532,(!1)

subsections (i) and (l)(2) of section 8344, and subsections (f) and

(i)(2) of section 8468 of title 5 shall apply with respect to the

Postal Service. For purposes of so applying such provisions -

(A) any reference in such provisions to the head of an

Executive agency shall be considered a reference to the

Postmaster General; and

(B) any reference in such provisions to an employee shall be

considered a reference to an officer or employee of the Postal

Service.

(e) Sick and annual leave, and compensatory time of officers and

employees of the Postal Service, whether accrued prior to or after

commencement of operations of the Postal Service, shall be

obligations of the Postal Service under the provisions of this

chapter.

(f) Compensation, benefits, and other terms and conditions of

employment in effect immediately prior to the effective date of

this section, whether provided by statute or by rules and

regulations of the former Post Office Department or the executive

branch of the Government of the United States, shall continue to

apply to officers and employees of the Postal Service, until

changed by the Postal Service in accordance with this chapter and

chapter 12 of this title. Subject to the provisions of this chapter

and chapter 12 of this title, the provisions of subchapter I of

chapter 85 and chapters 87 and 89 of title 5 shall apply to

officers and employees of the Postal Service, unless varied, added

to, or substituted for, under this subsection. No variation,

addition, or substitution with respect to fringe benefits shall

result in a program of fringe benefits which on the whole is less

favorable to the officers and employees than fringe benefits in

effect on the effective date of this section, and as to officers

and employees for whom there is a collective-bargaining

representative, no such variation, addition, or substitution shall

be made except by agreement between the collective-bargaining

representative and the Postal Service.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 731; Pub. L. 93-349, Sec.

2, July 12, 1974, 88 Stat. 354; Pub. L. 99-335, title III, Sec.

306, June 6, 1986, 100 Stat. 607; Pub. L. 100-90, Sec. 1(a), Aug.

18, 1987, 101 Stat. 673; Pub. L. 103-336, Sec. 3, Oct. 3, 1994, 108

Stat. 2661.)

-REFTEXT-

REFERENCES IN TEXT

Section 5532 of title 5, referred to in subsec. (d)(2), was

repealed by Pub. L. 106-65, div. A, title VI, Sec. 651(a)(1), Oct.

5, 1999, 113 Stat. 664.

The effective date of this section, referred to in subsec. (f),

is July 1, 1971. See Effective Date note below.

-MISC1-

AMENDMENTS

1994 - Subsec. (d). Pub. L. 103-336 designated existing

provisions as par. (1) and added par. (2).

1987 - Subsec. (a)(4). Pub. L. 100-90 added par. (4).

1986 - Subsec. (d). Pub. L. 99-335 amended subsec. (d) generally.

Prior to amendment, subsec. (d) read as follows: "Officers and

employees of the Postal Service (other than the Governors) shall be

covered by chapter 83 of title 5 relating to civil service

retirement. The Postal Service shall withhold from pay and shall

pay into the Civil Service Retirement and Disability Fund the

amounts specified in such chapter. The Postal Service shall pay

into the Civil Service Retirement and Disability Fund the amounts

determined by the Civil Service Commission under section 8348(h) of

title 5."

1974 - Subsec. (d). Pub. L. 93-349 substituted requirement that

the Postal Service pay into the Civil Service Retirement and

Disability Fund the amounts determined by the Civil Service

Commission under section 8348(h) of title 5, for requirement that

the Postal Service pay to the Civil Service Commission upon request

of the Civil Service Commission but not less frequently than

annually the costs reasonably related to the administration of Fund

activities for officers and employees of the Postal Service.

EFFECTIVE DATE OF 1987 AMENDMENT

Section 1(b)(1) of Pub. L. 100-90 provided that: "The amendment

made by subsection (a) [amending this section] shall be effective

after the expiration of the 30-day period beginning on the date of

the enactment of this Act [Aug. 18, 1987]."

EFFECTIVE DATE OF 1974 AMENDMENT

Section 3 of Pub. L. 93-349 provided that: "The effective date of

this Act [amending this section and section 8348 of Title 5,

Government Organization and Employees] shall be July 1, 1971,

except that the Postal Service shall not be required to make (1)

the payments due June 30, 1972, June 30, 1973, and June 30, 1974,

attributable to pay increases granted by the Postal Service prior

to July 1, 1973, until such time as funds are appropriated to the

Postal Service for that purpose, and (2) the transfer to the Civil

Service Retirement and Disability Fund required by title II of the

Treasury, Postal Service, and General Government Appropriation Act,

1974, Public Law 93-143 [which is not classified to the Code]."

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.

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested by statute in United States Civil Service

Commission or Chairman thereof transferred to Director of Office of

Personnel Management (except as otherwise specified) by Reorg. Plan

No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out

under section 1101 of Title 5, Government Organization and

Employees, effective Jan. 1, 1979, as provided by section 1-102 of

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under

section 1101 of Title 5.

-MISC2-

ABATEMENT OF ACTIONS

Section 1(b)(2) of Pub. L. 100-90 provided that: "An action which

is commenced under section 1005(a)(1)(B) of title 39, United States

Code, before the effective date of the amendment made by subsection

(a) [see Effective Date of 1987 Amendment note above] shall not

abate by reason of the enactment of this Act [amending this section

and enacting provisions set out as a note above]. Determinations

with respect to any such action shall be made as if this Act had

not been enacted."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 sections 2302, 7511.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

39 USC Sec. 1006 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART II - PERSONNEL

CHAPTER 10 - EMPLOYMENT WITHIN THE POSTAL SERVICE

-HEAD-

Sec. 1006. Right of transfer

-STATUTE-

Officers and employees in the postal career service of the Postal

Service shall be eligible for promotion or transfer to any other

position in the Postal Service or the executive branch of the

Government of the United States for which they are qualified. The

authority given by this section shall be used to provide a maximum

degree of career promotion opportunities for officers and employees

and to insure continued improvement of postal services.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 732.)

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5734.

-End-

-CITE-

39 USC Sec. 1007 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART II - PERSONNEL

CHAPTER 10 - EMPLOYMENT WITHIN THE POSTAL SERVICE

-HEAD-

Sec. 1007. Seniority for employees in rural service

-STATUTE-

Subject to agreements made under chapter 12 of this title, the

seniority of an employee of the Postal Service occupying a position

whose regular duty involves the collection and delivery of mail on

a rural route shall be preserved. Seniority for such employee shall

commence on the first day of his service in such a position, or, in

the event such an employee transfers to another such position, on

the day he enters duty in the other position. Upon initial

assignment, such an employee shall be assigned to the least

desirable route and shall attain assignment to more desirable

routes by seniority. Promotions and assignments for such an

employee in such position shall be based on seniority and ability.

If ability be sufficient, seniority shall govern.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 732.)

-MISC1-

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.

-End-

-CITE-

39 USC Sec. 1008 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART II - PERSONNEL

CHAPTER 10 - EMPLOYMENT WITHIN THE POSTAL SERVICE

-HEAD-

Sec. 1008. Temporary employees or carriers

-STATUTE-

(a) A person temporarily employed to deliver mail is deemed an

employee of the Postal Service and is subject to the provisions of

chapter 83 of title 18 to the same extent as other employees of the

Postal Service.

(b) Any person, when engaged in carrying mail under contract with

the Postal Service, or employed by the Postal Service, is deemed a

carrier or person entrusted with the mail and having custody

thereof, within the meaning of sections 1701, 1708, and 2114 of

title 18.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 732.)

-MISC1-

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.

-End-

-CITE-

39 USC Sec. 1009 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART II - PERSONNEL

CHAPTER 10 - EMPLOYMENT WITHIN THE POSTAL SERVICE

-HEAD-

Sec. 1009. Personnel not to receive fees

-STATUTE-

An officer or employee of the Postal Service may not receive any

fee or perquisite from a patron of the Postal Service on account of

the duties performed by virtue of his appointment, except as

authorized by law.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 733.)

-MISC1-

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.

-End-

-CITE-

39 USC Sec. 1010 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART II - PERSONNEL

CHAPTER 10 - EMPLOYMENT WITHIN THE POSTAL SERVICE

-HEAD-

Sec. 1010. Administration of oaths related to postal inspection

matters

-STATUTE-

Officers and employees of the Postal Service performing duties

related to the inspection of postal matters may administer oaths

required or authorized by law or regulation with respect to any

matter coming before them in the performance of their official

duties.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 733.)

-MISC1-

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.

-End-

-CITE-

39 USC Sec. 1011 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART II - PERSONNEL

CHAPTER 10 - EMPLOYMENT WITHIN THE POSTAL SERVICE

-HEAD-

Sec. 1011. Oath of office

-STATUTE-

Before entering upon their duties and before receiving any

salary, all officers and employees of the Postal Service shall take

and subscribe the following oath or affirmation:

"I, ________, do solemnly swear (or affirm) that I will support

and defend the Constitution of the United States against all

enemies, foreign and domestic; that I will bear true faith and

allegiance to the same; that I take this obligation freely,

without any mental reservation or purpose of evasion; and that I

will well and faithfully discharge the duties of the office on

which I am about to enter."

A person authorized to administer oaths by the laws of the United

States, including section 2903 of title 5, or of a State or

territory, or an officer, civil or military, holding a commission

under the United States, or any officer or employee of the Postal

Service designated by the Board may administer and certify the oath

or affirmation.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 733.)

-MISC1-

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.

-End-