§1203 — Title 39 Postal Service | U.S. Code

Summary

The Postal Service must recognize only one labor group when a majority of the employees in the proper group choose that group as their representative. Contracts that were in effect when the Post Office Department became the Postal Service remain in effect until they are lawfully changed. Under rules set by the National Labor Relations Board, employees, a group of employees, or a union can file a petition if many workers want representation but the Postal Service refuses, or if the current union is no longer the representative. The Postal Service can also file if a union claims to be the representative. Employee petitions must include a statement signed by at least 30 percent of the workers in the group asking for an election. Parties can agree to skip hearings and hold a consent election under NLRB rules.

Title 39, §1203

Postal Service — Source: USLM XML via OLRC

(a)The Postal Service shall accord exclusive recognition to a labor organization when the organization has been selected by a majority of the employees in an appropriate unit as their representative.

(b)Agreements and supplements in effect on the date of enactment of this section covering employees in the former Post Office Department shall continue to be recognized by the Postal Service until altered or amended pursuant to law.

(c)When a petition has been filed, in accordance with such regulations as may be prescribed by the National Labor Relations Board—

(1)by an employee, a group of employees, or any labor organization acting in their behalf, alleging that (A) a substantial number of employees wish to be represented for collective bargaining by a labor organization and that the Postal Service declines to recognize such labor organization as the representative; or (B) the labor organization which has been certified or is being currently recognized by the Postal Service as the bargaining representative is no longer a representative; or

(2)by the Postal Service, alleging that one or more labor organizations has presented to it a claim to be recognized as the representative;

(d)A petition filed under subsection (c)(1) of this section shall be accompanied by a statement signed by at least 30 percent of the employees in the appropriate unit stating that they desire that an election be conducted for either of the purposes set forth in such subsection.

(e)Nothing in this section shall be construed to prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity with regulations and rules of decision of the National Labor Relations Board.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (b), means the date of enactment of Pub. L. 91–375, which was approved Aug. 12, 1970.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.

§1203 Recognition of labor organizations