Title 39 — Postal ServiceRelease 119-73
§1204 Elections
Title 39 › Part PART II— - PERSONNEL › Chapter CHAPTER 12— - EMPLOYEE-MANAGEMENT AGREEMENTS › § 1204
Summary
All elections must be run by the National Labor Relations Board or people it names and must be by secret ballot. Eligible employees can pick any union on the ballot or “no union.” If no choice gets a majority, hold a runoff between the top two and repeat if needed until one wins. No election in the same bargaining unit if a valid election was held within the past 12 months.
Full Legal Text
Title 39, §1204
Postal Service — Source: USLM XML via OLRC
(a)All elections authorized under this chapter shall be conducted under the supervision of the National Labor Relations Board, or persons designated by it, and shall be by secret ballot. Each employee eligible to vote shall be provided the opportunity to choose the labor organization he wishes to represent him, from among those on the ballot, or “no union”.
(b)In any election where none of the choices on the ballot receives a majority, a runoff shall be conducted, the ballot providing for a selection between the 2 choices receiving the largest and second largest number of valid votes cast in the election. In the event of a tie vote, additional runoff elections shall be conducted until one of the choices has received a majority of the votes.
(c)No election shall be held in any bargaining unit within which, in the preceding 12-month period, a valid election has been held.
Legislative History
Notes & Related Subsidiaries
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.
Reference
Citations & Metadata
Citation
39 U.S.C. § 1204
Title 39 — Postal Service
Last Updated
Apr 6, 2026
Release point: 119-73