PRIA, Government Policy, Made Personal

Summary

The Postal Service must give one labor union exclusive recognition when a majority of the employees in the proper group choose that union to speak for them in bargaining. Any agreements or contract additions that were in effect for the old Post Office Department on the date this law was passed stay in force until they are changed by law. If someone files a petition under the National Labor Relations Board’s rules — for example, employees or a union saying many workers want representation but the Postal Service won’t recognize a union, or saying the currently recognized union is no longer the representative, or the Postal Service saying a union claims to be the representative — the NLRB will investigate. If it thinks a representation question exists, it will hold a noticed hearing (which an NLRB officer may run but without making recommendations). If the record shows a question exists, the NLRB will order a secret-ballot election and certify the results. Employee-filed petitions under that rule must include a statement signed by at least 30 percent of the employees in the unit asking for an election. Parties may also skip hearings by agreeing to 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;

the National Labor Relations Board shall investigate such petition and, if it has reasonable cause to believe that a question of representation exists, shall provide for an appropriate hearing upon due notice. Such hearing may be conducted by an officer or employee of the National Labor Relations Board, who shall not make any recommendations with respect thereto. If the National Labor Relations Board finds upon the record of such hearing that such a question of representation exists, it shall direct an election by secret ballot and shall certify the results thereof.

(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