[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 678 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 678
To amend chapter 10 of title 39, United States Code, to include
postmasters and postmasters organizations in the process for the
development and planning of certain policies, schedules, and programs,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 20, 2003
Mr. Akaka (for himself, Ms. Collins, Mr. Daschle, Mr. Jeffords, Mr.
Inouye, Ms. Mikulski, and Mr. Sarbanes) introduced the following bill;
which was read twice and referred to the Committee on Governmental
Affairs
_______________________________________________________________________
A BILL
To amend chapter 10 of title 39, United States Code, to include
postmasters and postmasters organizations in the process for the
development and planning of certain policies, schedules, and programs,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Postmaster Equity Act of 2003''.
SEC. 2. POSTMASTERS AND POSTMASTERS ORGANIZATIONS.
(a) In General.--Section 1004 of title 39, United States Code, is
amended--
(1) in subsection (a), by inserting ``, postmaster,'' after
``supervisory'' both places it appears;
(2) in subsection (b)--
(A) in the first sentence, by inserting ``,
postmaster,'' after ``supervisory''; and
(B) in the second sentence--
(i) by striking ``or that a managerial
organization (other than an organization
representing supervisors)'' and insert ``that a
postmaster organization represents a
substantial percentage of postmasters (as
defined under subsection (j)(3)), or that a
managerial organization (other than an
organization representing supervisors or
postmasters)''; and
(ii) by striking ``relating to
supervisory'' and inserting ``relating to
supervisory, postmasters,'';
(3) in subsection (c)(1), by inserting ``, and the Postal
Service and the postmasters organization (or organizations),''
after ``supervisors' organization'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by inserting ``and the postmasters
organization (or organizations)'' after ``the
supervisors' organization'' both places it
appears;
(ii) in subparagraph (B), by striking
``organization'' and inserting
``organizations''; and
(iii) in subparagraph (C), by striking
``organization'' and inserting
``organizations'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and
the postmasters organization (or
organizations)'' after ``supervisors'
organization''; and
(ii) in subparagraph (B), by striking
``organization'' and inserting
``organizations'';
(C) in paragraph (3)--
(i) in subparagraph (A), by inserting ``and
the postmasters organization (or
organizations)'' after ``supervisors'
organization''; and
(ii) in subparagraph (B), by striking
``organization'' and inserting
``organizations''; and
(D) in paragraph (4), by inserting ``, and the
Postal Service and the postmasters organization (or
organizations),'';
(5) in subsections (e)--
(A) in paragraph (1), by inserting ``and the
postmasters organization (or organizations)'' after
``supervisors' organization'';
(B) in paragraph (2), by inserting ``, the
postmasters organization (or organizations),'' after
``The Postal Service''; and
(C) in paragraph (3), by inserting ``and the
postmasters organization (or organizations)'' after
``supervisors' organizations'';
(6) in subsection (h)--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the period and
inserting a semicolon; and
(C) by inserting after paragraph (2) the following:
``(3) `postmasters organization' means, with respect to a
calendar year, any organization whose membership on June 30th
of the preceding year included not less than 20 percent of all
individuals employed as postmasters on that date; and
``(4) `postmaster' means an individual who is the manager-
in-charge, with or without the assistance of subordinate
managers or supervisors, the operations of a post office.'';
and
(7) by redesignating subsection (h) as subsection (j), and
inserting after subsection (g) the following:
``(h)(1) If, notwithstanding the mutual efforts required by
subsection (e) of this section, the postmasters organization (or
organizations), 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 (in this subsection 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. The postmasters organization
(or organizations) and the Postal Service shall each designate 1
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 2
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 2 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
postmasters organization (or organizations) 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 postmasters
organization (or organizations) agree to a longer period. The panel
shall hear from the Postal Service and the postmasters organization (or
organizations) in such a manner as it shall direct. The cost of the
panel shall be borne equally by the Postal Service and the postmasters
organization (or organizations), with the Service to be responsible for
one-half the costs and the postmasters organization (or organizations)
to be responsible for the remainder.
``(5) Not more than 15 days after the panel has made its
recommendation, the Postal Service shall provide the postmasters
organization (or organizations) 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.
``(i) 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 postmasters organization (or organizations) 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 (h)(2) of
this section. The panel shall make recommendations to Congress for
changes in this title as it finds appropriate.''.
(b) Technical and Conforming Amendment.--
(1) Section heading.--The section heading for section 1004
of title 39, United States Code, is amended to read as follows:
``Sec. 1004. Supervisory, postmaster, and other managerial
organizations''.
(2) Table of sections.--The table of sections for chapter
10 of title 39, United States Code, is amended by striking the
item relating to section 1004 and inserting the following:
``1004. Supervisory, postmaster, and other managerial organizations.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect 60 days after the
date of enactment of this Act.
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