An act to establish dispute resolution procedures to settle disputes between supervisors and the United States Postal Service.
PL 96-326 (H.R.827), enacted 08/08/1980

PUBLIC LAW 96-326—AUG. 8, 1980 
94 STAT. 1023 
Public Law 96-326 
96th Congress 
An Act 
To establish dispute resolution procedures to settle disputes between supervisors 
and the United States Postal Service. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, That section 1004 of 
title 39, United States Code, is Eimended by adding at the end thereof 
the following new subsections: 
"(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. 
"(2XA) 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. 
"(dXl) 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' orgsmization, the Postal Service shall— 
"(A) provide in writing a description of any proposed progrgim 
and the reasons for it; 
"(B) give the organization at least 60 days (unless extraordi-
nary circumstances require earlier action) to review and make 
recommendations with respect to the program; and 
"(C) give any reconunendation from the orgsmization 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 recommen-
dations 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. 
Aug. 8, 1980 
[H.R. 827] 
Postal Service 
dispute 
resolution. 
Supervisory 
organization. 
79-194 
O—-81—pt. 1 
68 : QL3 
94 STAT. 1024 
PUBLIC LAW 96-326—AUG. 8, 1980 
Pay policy 
proposals. 
39 u s e 1203. 
Federal 
Mediation and 
Conciliation 
Service, 
factfinding 
panel. 
Panel selection. 
39 u s e 1003, 
1004. 
Cost of panel. 
"(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 recog-
nized 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 desig-
nated 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 appro-
priate 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 supervi-
sors' 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 recommen-
dation, 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 
PUBLIC LAW 96-326—AUG. 8, 1980 
94 STAT. 1025 
the panel's recommendation and shall explain in writing any differ-
ences 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 recog-
nized by the Postal Service under subsection (b) of this section as 
representing a majority of supervisors; and 
"(2) 'members of the supervisors' organization' means employ-
ees of the Postal Service who are recognized under an agreement 
between the Postal Service and the supervisors' organization as 
represented by such organization.". 
Approved August 8, 1980. 
Review panel. 
39 u s e 1003. 
Recommenda-
tions to 
Congress. 
Definitions. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-234 (Comm. on Post Office and Civil Service). 
SENATE REPORT No. 96-856 (Comm. on Governmental Affairs). 
CONGRESSIONAL RECORD: 
Vol. 125 (1979): July 9, 10, considered and passed House. 
Vol. 126 (1980): July 25, considered and passed Senate, amended. 
July 31, House concurred in Senate amendments.