§ 1004. Supervisory and other managerial organizations
(a)
It shall be the policy of the Postal Service to provide compensation, working conditions, and career opportunities that will assure the attraction and retention of qualified and capable supervisory and other managerial personnel; to provide adequate and reasonable differentials in rates of pay between employees in the clerk and carrier grades in the line work force and supervisory and other managerial personnel; to establish and maintain continuously a program for all such personnel that reflects the essential importance of a well-trained and well-motivated force to improve the effectiveness of postal operations; and to promote the leadership status of such personnel with respect to rank-and-file employees, recognizing that the role of such personnel in primary level management is particularly vital to the process of converting general postal policies into successful postal operations.
(b)
The Postal Service shall provide a program for consultation with recognized organizations of supervisory and other managerial personnel who are not subject to collective-bargaining agreements under chapter
12 of this title. Upon presentation of evidence satisfactory to the Postal Service that a supervisory organization represents a majority of supervisors, that an organization (other than an organization representing supervisors) represents at least 20 percent of postmasters, or that a managerial organization (other than an organization representing supervisors or postmasters) represents a substantial percentage of managerial employees, such organization or organizations shall be entitled to participate directly in the planning and development of pay policies and schedules, fringe benefit programs, and other programs relating to supervisory and other managerial employees.
(c)
(1)
The Postal Service and the supervisors’ organization shall, unless otherwise mutually agreed to, meet at least once each month to implement the consultation and direct participation procedures of subsection (b) of this section.
(d)
(1)
In order to facilitate consultation and direct participation by the supervisors’ organization in the planning and development of programs under subsection (b) of this section which affect members of the supervisors’ organization, the Postal Service shall—
(2)
If the Postal Service decides to implement a program described in paragraph (1) of this subsection, the Postal Service shall before such implementation—
(e)
(1)
The Postal Service shall, within 45 days of each date on which an agreement is reached on a collective bargaining agreement between the Postal Service and the bargaining representative recognized under section
1203 of this title which represents the largest number of employees, make a proposal for any changes in pay policies and schedules and fringe benefit programs for members of the supervisors’ organization which are to be in effect during the same period as covered by such agreement.
(f)
(1)
If, notwithstanding the mutual efforts required by subsection (e) of this section, the supervisors’ organization believes that the decision of the Postal Service is not in accordance with the provisions of this title, the organization may, within 10 days following its receipt of such decision, request the Federal Mediation and Conciliation Service to convene a factfinding panel (hereinafter referred to as the “panel”) concerning such matter.
(2)
Within 15 days after receiving a request under paragraph (1) of this subsection, the Federal Mediation and Conciliation Service shall provide a list of 7 individuals recognized as experts in supervisory and managerial pay policies. Each party shall designate one individual from the list to serve on the panel. If, within 10 days after the list is provided, either of the parties has not designated an individual from the list, the Director of the Federal Mediation and Conciliation Service shall make the designation. The first two individuals designated from the list shall meet within 5 days and shall designate a third individual from the list. The third individual shall chair the panel. If the two individuals designated from the list are unable to designate a third individual within 5 days after their first meeting, the Director shall designate the third individual.
(3)
(A)
The panel shall recommend standards for pay policies and schedules and fringe benefit programs affecting the members of the supervisors’ organization for the period covered by the collective bargaining agreement specified in subsection (e)(1) of this section. The standards shall be consistent with the policies of this title, including sections
1003
(a) and
1004
(a) of this title.
(4)
The panel shall make its recommendation no more than 30 days after its appointment, unless the Postal Service and the supervisors’ organization agree to a longer period. The panel shall hear from the Postal Service and the supervisors’ organization in such a manner as it shall direct. The cost of the panel shall be borne equally by the Postal Service and the supervisors’ organization.
(5)
Not more than 15 days after the panel has made its recommendation, the Postal Service shall provide the supervisors’ organization its final decision on the matters covered by factfinding under this subsection. The Postal Service shall give full and fair consideration to the panel’s recommendation and shall explain in writing any differences between its final decision and the panel’s recommendation.
(g)
Not earlier than 3 years after the date of the enactment of this subsection, and from time to time thereafter, the Postal Service or the supervisors’ organization may request, by written notice to the Federal Mediation and Conciliation Service and to the other party, the creation of a panel to review the effectiveness of the procedures and the other provisions of this section and the provisions of section
1003 of this title. The panel shall be designated in accordance with the procedure established in subsection (f)(2) of this section. The panel shall make recommendations to the Congress for changes in this title as it finds appropriate.
(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—
(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)).
(i)
For purposes of this section—
(1)
“supervisors’ organization” means the organization recognized by the Postal Service under subsection (b) of this section as representing a majority of supervisors;
(2)
“members of the supervisors’ organization” means employees of the Postal Service who are recognized under an agreement between the Postal Service and the supervisors’ organization as represented by such organization;
(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