[Congressional Record Volume 149, Number 127 (Tuesday, September 16, 2003)]
[House]
[Pages H8239-H8240]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     POSTMASTERS EQUITY ACT OF 2003

  Mr. BURTON of Indiana. Mr. Speaker, I move to suspend the rules and 
pass the Senate 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.
  The Clerk read 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 ``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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Indiana (Mr. Burton) and the gentleman from Illinois (Mr. Davis) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Indiana (Mr. Burton).


                             General Leave

  Mr. BURTON of Indiana. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks on S. 678.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Indiana?
  There was no objection.
  Mr. BURTON of Indiana. I yield myself such time as I may consume.
  Mr. Speaker, S. 678, the Postmasters Equity Act, was introduced by 
the distinguished Senator from Hawaii, Senator Daniel Akaka, and it 
gives our Nation's most valued postmasters the same options available 
to postal supervisors when negotiating pay and benefits with the U.S. 
Postal Service. My colleague on the Committee on Government Reform, the 
gentleman from New York (Mr. McHugh), who is the chairman of the 
special panel on Postal Reform and Oversight, introduced an identical 
bill, H.R. 2249, which passed this House back in July; and I am proud 
to be a cosponsor of that bill, and I am pleased the House is 
considering the Senate version of that bill today.
  This legislation extends to postmasters and other nonunion postal 
employees the fact-finding procedures already established under current 
law for postal supervisors. This process allows for an unbiased review 
of issues in dispute during negotiations, as well as the ability to 
issue nonbinding recommendations to resolve those issues. Currently, 
without this right, postmasters lack any form of recourse when pay 
talks under the consultation process fail.
  Based on the 38,000 post offices across the country, postmasters 
provide an essential link to the Federal Government and to other 
nations' citizens. This bill provides essential fairness to 
postmasters, and this legislation has already unanimously passed the 
Senate

[[Page H8240]]

and unanimously passed the House in its House version. I am very 
pleased that this legislation will soon be on the President's desk and 
enacted into law, and I want to commend the Senator from Hawaii and the 
gentleman from New York (Mr. McHugh) for their diligence on the 
Postmasters Equity Act and for their support. I urge all Members to 
support its passage.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DAVIS of Illinois. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, as a member of the Committee on Government Reform, I am 
pleased to join my colleague, the gentleman from Indiana (Mr. Burton), 
in consideration of S. 678, the Postmasters Equity Act of 2003.
  S. 678 was introduced on March 20, 2003, by Senator Daniel Akaka. 
This measure would amend chapter 10 of title 39 to include postmasters 
and postmasters' organizations in the process for the development and 
planning of pay policies and benefits.
  S. 678 is cosponsored by 39 Senators, including the chairman and the 
ranking member of the Senate Government Affairs Committee, Senator 
Susan Collins and Senator Joseph Lieberman. On July 25, the Senate 
Governmental Affairs Committee unanimously approved S. 678, the 
Postmasters Equity Act of 2003.
  The bill was amended to substitute the language of the House bill, 
H.R. 2249, sponsored by me and the gentleman from New York (Mr. 
McHugh). H.R. 2249 had been reported earlier out of the Committee on 
Government Reform by voice vote. During the 1996 Congress, President 
Carter signed into law legislation creating a fact-finding process for 
resolving disputes over pay and benefits and to make recommendations to 
the Postal Service. It did not provide for arbitration of the disputes, 
and the recommendations were not binding on the Postmaster General. 
However, the law only applied to postal supervisors, not postmasters.
  S. 678, like its House counterpart, H.R. 2249, would extend to the 
postmaster the option of a fact-finding panel to make nonbinding 
recommendations to the Postal Service. Currently, when pay and benefit 
discussions between the Postal Service and postmasters fail, 
postmasters have no recourse and have to accept what is offered by the 
Postal Service. Passage of S. 678 would bring consistency in the manner 
by which the two categories of postal managers negotiate with the 
Postal Service over pay and benefits.
  Mr. Speaker, I am proud to have been a sponsor of this legislation. I 
urge swift adoption of this bill and commend Senator Akaka for all of 
his hard work on behalf of postmasters.
  Mr. Speaker, I yield back the balance of my time.
  Mr. BURTON of Indiana. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I would like to congratulate the gentleman from Illinois 
(Mr. Davis) for cosponsoring this bill and for all of the hard work he 
has put in on this and a lot of other pieces of legislation before the 
committee.
  Mr. Speaker, I thank Senator Akaka for introducing this important 
bill and the gentleman from New York (Mr. McHugh) for his hard work. I 
urge all Members to support the passage of Senate bill 678.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Indiana (Mr. Burton) that the House suspend the rules 
and pass the Senate bill, S. 678.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. BURTON of Indiana. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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