[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 678 Reported in Senate (RS)]
Calendar No. 235
108th CONGRESS
1st Session
S. 678
[Report No. 108-112]
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, Mr. Sarbanes, Mr. Durbin, Mr. Johnson, Mr.
Carper, Ms. Snowe, Mr. Sununu, Mr. Bingaman, Mr. Dayton, Mr. Hatch,
Mrs. Boxer, Mr. Grassley, Mr. Lieberman, Mr. Biden, Mr. Levin, Mr.
Feingold, Mr. Leahy, Mr. Harkin, Mr. Bunning, Ms. Cantwell, Mrs.
Murray, Mr. Burns, Mrs. Lincoln, Mr. Lautenberg, Mr. Pryor, Mr.
Bennett, Mr. Baucus, Mr. Hagel, Mr. Voinovich, Mr. Nelson of Nebraska,
Mr. Reid, Mr. Coleman, Mr. Kohl, and Mr. Crapo) introduced the
following bill; which was read twice and referred to the Committee on
Governmental Affairs
July 25 (legislative day, July 21), 2003
Reported by Ms. Collins, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Postmaster Equity Act of
2003''.</DELETED>
<DELETED>SEC. 2. POSTMASTERS AND POSTMASTERS ORGANIZATIONS.</DELETED>
<DELETED> (a) In General.--Section 1004 of title 39, United States
Code, is amended--</DELETED>
<DELETED> (1) in subsection (a), by inserting ``,
postmaster,'' after ``supervisory'' both places it
appears;</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in the first sentence, by inserting
``, postmaster,'' after ``supervisory''; and</DELETED>
<DELETED> (B) in the second sentence--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) by striking ``relating to
supervisory'' and inserting ``relating to
supervisory, postmasters,'';</DELETED>
<DELETED> (3) in subsection (c)(1), by inserting ``, and the
Postal Service and the postmasters organization (or
organizations),'' after ``supervisors'
organization'';</DELETED>
<DELETED> (4) in subsection (d)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) in the matter preceding
subparagraph (A), by inserting ``and the
postmasters organization (or organizations)''
after ``the supervisors' organization'' both
places it appears;</DELETED>
<DELETED> (ii) in subparagraph (B), by
striking ``organization'' and inserting
``organizations''; and</DELETED>
<DELETED> (iii) in subparagraph (C), by
striking ``organization'' and inserting
``organizations'';</DELETED>
<DELETED> (B) in paragraph (2)--</DELETED>
<DELETED> (i) in subparagraph (A), by
inserting ``and the postmasters organization
(or organizations)'' after ``supervisors'
organization''; and</DELETED>
<DELETED> (ii) in subparagraph (B), by
striking ``organization'' and inserting
``organizations'';</DELETED>
<DELETED> (C) in paragraph (3)--</DELETED>
<DELETED> (i) in subparagraph (A), by
inserting ``and the postmasters organization
(or organizations)'' after ``supervisors'
organization''; and</DELETED>
<DELETED> (ii) in subparagraph (B), by
striking ``organization'' and inserting
``organizations''; and</DELETED>
<DELETED> (D) in paragraph (4), by inserting ``, and
the Postal Service and the postmasters organization (or
organizations),'';</DELETED>
<DELETED> (5) in subsections (e)--</DELETED>
<DELETED> (A) in paragraph (1), by inserting ``and
the postmasters organization (or organizations)'' after
``supervisors' organization'';</DELETED>
<DELETED> (B) in paragraph (2), by inserting ``, the
postmasters organization (or organizations),'' after
``The Postal Service''; and</DELETED>
<DELETED> (C) in paragraph (3), by inserting ``and
the postmasters organization (or organizations)'' after
``supervisors' organizations'';</DELETED>
<DELETED> (6) in subsection (h)--</DELETED>
<DELETED> (A) in paragraph (1), by striking ``and''
after the semicolon;</DELETED>
<DELETED> (B) in paragraph (2), by striking the
period and inserting a semicolon; and</DELETED>
<DELETED> (C) by inserting after paragraph (2) the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (7) by redesignating subsection (h) as subsection
(j), and inserting after subsection (g) the
following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) The panel shall, consistent with such standards,
make appropriate recommendations concerning the differences between the
parties on such policies, schedules, and programs.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Technical and Conforming Amendment.--</DELETED>
<DELETED> (1) Section heading.--The section heading for
section 1004 of title 39, United States Code, is amended to
read as follows:</DELETED>
<DELETED>``Sec. 1004. Supervisory, postmaster, and other managerial
organizations''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``1004. Supervisory, postmaster, and other managerial
organizations.''.
<DELETED>SEC. 3. EFFECTIVE DATE.</DELETED>
<DELETED> The amendments made by this Act shall take effect 60 days
after the date of enactment of this Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Postmasters Equity Act of 2003''.
SEC. 2. POSTMASTERS AND POSTMASTERS' ORGANIZATIONS.
(a) Percentage Representation Requirement.--The second sentence of
section 1004(b) of title 39, United States Code, is amended--
(1) by inserting ``that an organization (other than an
organization representing supervisors) represents at least 20
percent of postmasters,'' after ``majority of supervisors,'';
and
(2) by striking ``supervisors)'' and inserting
``supervisors or postmasters)''.
(b) Consultation and Other Rights.--Section 1004 of title 39,
United States Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h)(1) In order to ensure that postmasters and postmasters'
organizations are afforded the same rights under this section as are
afforded to supervisors and the supervisors' organization, subsections
(c) through (g) shall be applied with respect to postmasters and
postmasters' organizations--
``(A) by substituting `postmasters' organization' for
`supervisors' organization' each place it appears; and
``(B) if 2 or more postmasters' organizations exist, by
treating such organizations as if they constituted a single
organization, in accordance with such arrangements as such
organizations shall mutually agree to.
``(2) If 2 or more postmasters' organizations exist, such
organizations shall, in the case of any factfinding panel convened at
the request of such organizations (in accordance with paragraph
(1)(B)), be jointly and severally liable for the cost of such panel,
apart from the portion to be borne by the Postal Service (as determined
under subsection (f)(4)).''.
(c) Definitions.--Subsection (i) of section 1004 of title 39,
United States Code (as so redesignated by subsection (b)(1)) is
amended--
(1) in paragraph (1), by striking ``and'' after the
semicolon;
(2) in paragraph (2), by striking the period and inserting
a semicolon; and
(3) by adding after paragraph (2) the following:
``(3) `postmaster' means an individual who is the manager
in charge of the operations of a post office, with or without
the assistance of subordinate managers or supervisors;
``(4) `postmasters' organization' means an organization
recognized by the Postal Service under subsection (b) as
representing at least 20 percent of postmasters; and
``(5) `members of the postmasters' organization' shall be
considered to mean employees of the Postal Service who are
recognized under an agreement--
``(A) between the Postal Service and the
postmasters' organization as represented by the
organization; or
``(B) in the circumstance described in subsection
(h)(1)(B), between the Postal Service and the
postmasters' organizations (acting in concert) as
represented by either or any of the postmasters'
organizations involved.''.
(d) Thrift Advisory Council Not To Be Affected.--For purposes of
section 8473(b)(4) of title 5, United States Code--
(1) each of the 2 or more organizations referred to in
section 1004(h)(1)(B) of title 39, United States Code (as
amended by subsection (b)) shall be treated as a separate
organization; and
(2) any determination of the number of individuals
represented by each of those respective organizations shall be
made in a manner consistent with the purposes of this
subsection.
SEC. 3. EFFECTIVE DATE.
The amendments made by this section shall take effect 60 days after
the date of the enactment of this Act.
Calendar No. 235
108th CONGRESS
1st Session
S. 678
[Report No. 108-112]
_______________________________________________________________________
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.
_______________________________________________________________________
July 25 (legislative day, July 21), 2003
Reported with an amendment