[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.
____________________