[Congressional Record Volume 149, Number 114 (Tuesday, July 29, 2003)]
[Senate]
[Pages S10167-S10168]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     POSTMASTER EQUITY ACT OF 2003

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 235, S. 678.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on Governmental 
Affairs with an amendment to strike all after the enacting clause and 
inserting in lieu thereof the following:

       [Strike the part shown in black brackets and insert the 
     part shown in italic.]

                                 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

[[Page S10168]]

       [(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.]

     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.

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee amendment be agreed to, that the bill, as amended, be read a 
third time and passed, and that the motion to reconsider be laid upon 
the table; and that any statements relating to the bill be printed in 
the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 678), as amended, was read the third time and passed.

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