[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.
                                 <all>