II

106TH CONGRESS

2D SESSION S. 2703

To amend the provisions of title 39, United States Code, relating to the

manner in which pay policies and schedules and fringe benefit programs

for postmasters are established.

IN THE SENATE OF THE UNITED STATES

JUNE 8, 2000

Mr. AKAKA (for himself, Mr. DURBIN, Mr. SARBANES, Ms. MIKULSKI, Mr.

EDWARDS, and Mr. BAUCUS) introduced the following bill; which was

read twice and referred to the Committee on Governmental Affairs

A BILL

To amend the provisions of title 39, United States Code,

relating to the manner in which pay policies and schedules and fringe benefit programs for postmasters are

established.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Postmasters Fairness

5 and Rights Act’’.
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1 SEC. 2. POSTMASTERS TO BE COVERED BY AGREEMENTS

2 RELATING TO PAY POLICIES AND SCHED3 ULES AND FRINGE BENEFIT PROGRAMS.

4 Section 1004 of title 39, United States Code, is

5 amended by redesignating subsections (g) and (h) as sub6 sections (i) and (j), respectively, and by inserting after

7 subsection (f) the following:

8 ‘‘(g)(1) The Postal Service shall, within 45 days of

9 each date on which an agreement is reached on a collective

10 bargaining agreement between the Postal Service and the

11 bargaining representative recognized under section 1203

12 which represents the largest number of employees, make

13 a proposal for any changes in pay policies and schedules

14 and fringe benefit programs for postmasters which are to

15 be in effect during the same period as covered by such

16 agreement.

17 ‘‘(2) The Postal Service and the postmasters’ organi18 zation (or, if more than 1, all postmasters’ organizations)

19 shall strive to resolve any differences concerning the pro20 posal described in paragraph (1).

21 ‘‘(3) If, within 60 days following the submission of

22 the proposal, the Postal Service and the postmasters’ or23 ganization (or organizations) are unable to reach agree24 ment, either the Postal Service or the postmasters’ organi25 zation (or organizations jointly) shall have the right to
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1 refer the dispute to an arbitration board established under

2 paragraph (4).

3 ‘‘(4) An arbitration board shall be established to con4 sider and decide a dispute arising under paragraph (3)

5 and shall consist of 3 members, 1 of whom shall be se6 lected by the Postal Service, 1 by the postmasters’ organi7 zation (or organizations jointly), and the third by the 2

8 thus selected. If either the Postal Service or the post9 masters’ organization (or organizations) fail to select a

10 member within 30 days after the dispute is referred to

11 an arbitration board under this subsection, or if the mem12 bers chosen fail to agree on the third person within 5 days

13 after their first meeting, the selection shall be made by

14 the Director of the Federal Mediation and Conciliation

15 Service.

16 ‘‘(5) The arbitration board shall give the parties a

17 full and fair hearing, including an opportunity for each

18 party to present evidence in support of its claims and an

19 opportunity to present its case in person, by counsel, or

20 by such other representative as such party may elect. De21 cisions by the arbitration board shall be conclusive and

22 binding upon the parties. The arbitration board shall

23 render its decision within 45 days after its appointment.

24 ‘‘(6) Costs of the arbitration board shall be shared

25 equally by the Postal Service and the postmasters’ organi-
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1 zation (or organizations), with the Postal Service to be re2 sponsible for one-half of those costs and the postmasters’

3 organization (or organizations) to be responsible for the

4 remainder.

5 ‘‘(7) Nothing in this subsection shall be considered

6 to affect the application of section 1005.’’.

7 SEC. 3. RIGHT OF POSTMASTERS’ ORGANIZATIONS TO PAR8 TICIPATE IN PLANNING AND DEVELOPMENT

9 OF PROGRAMS.

10 The second sentence of section 1004(b) of title 39,

11 United States Code, is amended by striking ‘‘or that a

12 managerial organization (other than an organization rep13 resenting supervisors) represents a substantial percentage

14 of managerial employees,’’ and inserting ‘‘or that a mana15 gerial organization (other than an organization rep16 resenting supervisors or postmasters) represents a sub17 stantial percentage of managerial employees, or that an

18 organization qualifies as a postmasters’ organization,’’.

19 SEC. 4. POSTMASTERS AND POSTMASTERS’ ORGANIZATION

20 DEFINED.

21 Subsection (i) of section 1004 of title 39, United

22 States Code, as so redesignated by section 2, is amended

23 by striking ‘‘and’’ at the end of paragraph (1), by striking

24 the period at the end of paragraph (2) and inserting a

25 semicolon, and by adding at the end the following:
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1 ‘‘(3) ‘postmaster’ means an individual who

2 manages, with or without the assistance of subordi3 nate managers or supervisors, the operations of a

4 post office; and

5 ‘‘(4) ‘postmasters’ organization’ means, with re6 spect to a year, any organization of postmasters

7 whose membership as of June 30th of the preceding

8 year included not less than 20 percent of all individ9 uals employed as postmasters as of that date.’’.

10 SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.

11 (a) Section 1001(e) of title 39, United States Code,

12 is amended (in the matter before paragraph (1)) by insert13 ing ‘‘agreements under section 1004(g),’’ after ‘‘regula14 tions,’’.

15 (b) Section 1003(a) of title 39, United States Code,

16 is amended in the first sentence by inserting ‘‘section

17 1004(g) of this title,’’ before ‘‘section 8G’’.

18 SEC. 6. EFFECTIVE DATE.

19 The amendments made by this Act shall take effect

20 after the end of the 90-day period beginning on the date

21 of enactment of this Act.

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