[Congressional Record Volume 149, Number 45 (Thursday, March 20, 2003)]
[Senate]
[Pages S4175-S4177]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself, Ms. Collins, Mr. Daschle, Mr. 
        Jeffords, Mr. Inouye, Ms. Mikulski, and Mr. Sarbanes):
  S. 678. 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; to the Committee on Governmental 
Affairs.
  Mr. AKAKA. Mr. President, I rise today to introduce the Postmasters 
Equity Act of 2003, and I am pleased to have Senators Collins, Daschle, 
Jeffords, Inouye, Mikulski, and Sarbanes join me as original 
cosponsors. Our bill modifies legislation I offered in the 107th 
Congress. That bill, S. 177, the Postmasters Fairness Act, enjoyed the 
bipartisan support of 49 members of the U.S. Senate. Its House 
companion bill, H.R. 250, had 291 cosponsors.
  The measure I introduce today differs from its predecessor in that it 
provides postmasters the option of fact finding rather than binding 
arbitration if the postmasters management associations and the Postal 
Service are unable to reach agreement on specific issues. Fact finding 
would allow for an unbiased review of the issues in dispute and the 
issuance of non-binding recommendations. The measure would also define 
the term postmaster for the first time.
  Extending the option of fact finding to postmasters will enable them 
to take a more active and constructive role in managing their 
individual post offices and discussing compensation issues with the 
Postal Service. The Postal Reorganization Act of 1970 created a 
consultative process for postmasters and other non-union postal

[[Page S4176]]

employees to negotiate pay and benefits. However, under the current 
system, postmasters have seen an erosion of their role in improving the 
quality of mail services to postal patrons and managing their local 
post offices. This has been particularly true for postmasters 
responsible for small and medium sized post offices where they serve as 
front line managers. These circumstances are among factors contributing 
to the decline in the number of postmasters since the reorganization of 
the Postal Service over three decades ago.
  At the present time, postmasters lack recourse when consultation 
fails, and my bill extends to our Nation's postmasters what is 
currently enjoyed by postal supervisors. While postal supervisors have 
the same consultation process as postmasters, the supervisors also have 
fact finding, which provides them with greater ability to negotiate 
with USPS management.
  The Postal Service estimates that each day seven million customers 
transact business at post offices. We expect timely delivery of the 
mail, six days a week, and the Postal Service does not disappoint us. 
Given the regularity of mail delivery and the number of Americans 
visiting post offices daily, it is no wonder that we have come to view 
our neighborhood post offices as cornerstones of our communities. In 
fact, many of our towns and cities have developed around a post office 
where the postmaster served as the town's only link to the federal 
government.
  Our Nation's postmasters are on the front line to ensure that the 
mail gets delivered in a timely manner, and they help fuel the 
infrastructure that continues to boost the performance ratings of the 
Postal Service. Postmasters have enabled us to communicate with one 
another since the dawn of this great republic. I urge my colleagues to 
join me in showing their support for our Nation's postmasters by 
cosponsoring this legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 678

       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.''.

[[Page S4177]]

     SEC. 3. EFFECTIVE DATE.

       The amendments made by this Act shall take effect 60 days 
     after the date of enactment of this Act.
                                 ______