39 U.S.C. § 1001

Appointment and status

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(a) Except as otherwise provided in this title, the Postal Service shall appoint all officers and employees of the Postal Service.(b) Officers and employees of the Postal Service (other than those individuals appointed under sections 202, 204, and 1001(c) of this title) shall be in the postal career service, which shall be a part of the civil service. Such appointments and promotions shall be in accordance with the procedures established by the Postal Service. The Postal Service shall establish procedures, in accordance with this title, to assure its officers and employees meaningful opportunities for promotion and career development and to assure its officers and employees full protection of their employment rights by guaranteeing them an opportunity for a fair hearing on adverse actions, with representatives of their own choosing.(c) The Postal Service may hire individuals as executives under employment contracts for periods not in excess of 5 years. Notwithstanding any such contract, the Postal Service may at its discretion and at any time remove any such individual without prejudice to his contract rights.(d) Notwithstanding section 5533, 5535, or 5536 of title 5, or any other provision of law, any officer or employee of the Government of the United States is eligible to serve and receive pay concurrently as an officer or employee of the Postal Service (other than as a member of the Board or of the Postal Regulatory Commission) and as an officer or employee of any other department, agency, or establishment of the Government of the United States.(e) The Postal Service shall have the right, consistent with section 1003 and chapter 12 of this title and applicable laws, regulations, and collective-bargaining agreements—(1) to direct officers and employees of the Postal Service in the performance of official duties;(2) to hire, promote, transfer, assign, and retain officers and employees in positions within the Postal Service, and to suspend, demote, discharge, or take other disciplinary action against such officers and employees;(3) to relieve officers and employees from duties because of lack of work or for other legitimate reasons;(4) to maintain the efficiency of the operations entrusted to it;(5) to determine the methods, means, and personnel by which such operations are to be conducted;(6) to prescribe a uniform dress to be worn by letter carriers and other designated employees; and(7) to take whatever actions may be necessary to carry out its mission in emergency situations.(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 728; Pub. L. 109–435, title VI, § 604(a), Dec. 20, 2006, 120 Stat. 3241.)Editorial NotesAmendments

2006—Subsec. (d). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.

Statutory Notes and Related SubsidiariesEffective Date

Section effective Mar. 1, 1971, pursuant to Resolution No. 71–13 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.

Performance Evaluations

Pub. L. 109–435, title VII, § 706(b), Dec. 20, 2006, 120 Stat. 3246, provided that: “The United States Postal Service shall, as soon as is practicable, take such measures as may be necessary to incorporate the affirmative action and equal opportunity criteria contained in 4313(5) of title 5, United States Code, into the performance appraisals of senior supervisory or managerial employees.”

Transfer to United States Postal Service of Post Office Department Personnel

Pub. L. 91–375, § 8, Aug. 12, 1970, 84 Stat. 783, as amended by Pub. L. 109–435, title X, § 1007(a), Dec. 20, 2006, 120 Stat. 3258, provided that:“(a) Officers and employees of the Post Office Department shall become officers and employees of the United States Postal Service on the effective date of this section. The provisions of this section shall not apply to persons occupying the positions of Postmaster General, Deputy Postmaster General, Assistant Postmasters General, General Counsel, or Judicial Officer. This section shall not be construed, however, to prohibit the appointment of such persons to positions in the Postal Service.“(b) For purposes of chapter 81 of title 5, United States Code, the Postal Service shall, with respect to any individual receiving benefits under such chapter as an officer or employee of the former Post Office Department, have the same authorities and responsibilities as it has with respect to an officer or employee of the Postal Service receiving such benefits.”

[Pub. L. 109–435, title X, § 1007(b), Dec. 20, 2006, 120 Stat. 3258, provided that: “This section [amending section 8 of Pub. L. 91–375, set out above] and the amendments made by this section shall be effective as of the first day of the fiscal year in which this Act is enacted.” ]

[Provisions of section 8 of Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by the Board of Governors and published by it in the Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of this title.]

Appointment of Postmasters and Other Employees on Merit Basis

Pub. L. 91–375, § 13, Aug. 12, 1970, 84 Stat. 786, provided that:“(a) [Methods of Appointment; Order of precedence; Status of Postmasters in Office] Between the date of enactment of this Act [Aug. 12, 1970] and the date on which the Board of Governors of the United States Postal Service determines that section 1001 of title 39, United States Code (as enacted by section 2 of this Act), is effective, the Postmaster General shall appoint postmasters at offices of all classes in the competitive civil service by one of the three following methods which shall be applied in the following order of precedence:“(1) by selection of a qualified employee serving at the post office where the vacancy occurs, including an acting postmaster who was serving on January 1, 1969, who shall acquire a competitive status upon being appointed postmaster;“(2) if no qualified employee serving at the post office where the vacancy occurs is available for, and willing to accept, appointment by the method described in subparagraph (1), by selection of a qualified employee serving in the postal field service; or“(3) if no qualified employee is available for, and willing to accept, appointment by the methods described in subparagraph (1) or (2), by competitive examination in accordance with the provisions of title 5, United States Code, governing appointments in the competitive service.Enactment of this subsection shall not affect the status or tenure of postmasters in office on the date of enactment of this Act [Aug. 12, 1970].“(b) [Political Test Prohibition; Merit and Fitness Basis of Personnel Actions; Disciplinary Actions for Violations; Exceptions] (1) In the selection, appointment, and promotion of employees of the Post Office Department between the date of enactment of this Act [Aug. 12, 1970] and the date on which the Board of Governors of the Postal Service determines that former section 3311 of title 39, United States Code, is no longer effective, no political test or qualification shall be permitted or given consideration, and all such personnel actions shall be taken on the basis of merit and fitness. Any officer or employee of the Post Office Department who violates this subsection shall be removed from office or otherwise disciplined in accordance with procedures for disciplinary action established pursuant to law.“(2) This subsection does not apply to the selection and appointment of officers whose appointment is vested in the President, by and with the advice and consent of the Senate, or to the selection, appointment, or promotion to a position designated by the Civil Service Commission as a position of a confidential or policy-determining character or as a position to be filled by a noncareer executive assignment.”

[Provisions of section 13 of Pub. L. 91–375 effective Aug. 12, 1970, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of this title.]

Notes of Decisions

Cited in 72 cases (3 in the last 5 years), 1971–2025 · leading case: Nat'l Postal Prof'l Nurses v. United States Postal Serv., 461 F. Supp. 2d 24 (D.D.C. 2006).

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Nat'l Postal Prof'l Nurses v. United States Postal Serv., 461 F. Supp. 2d 24 (D.D.C. 2006). · cites it 7× “Plaintiffs maintain that it is unnecessary for them to comply with the requirements of the NPPN-USPS collective bargaining agreement’s grievance-arbitration procedures because their claim is brought independent of that agreement on a separate statutory basis pursuant to 39…”

Edwin P. Stritzl v. United States Postal Serv., 602 F.2d 249 (10th Cir. 1979). · cites it 7× “” 39 U.S.C. § 1001 (b). Stritzl alternatively contends that his discharge without a hearing violated the due process clause of the Fifth Amendment.”

Hampton v. Mow Sun Wong, 426 U.S. 88 (1976). · cites it 2× “[45] The relevant portions of 39 U. S. C. § 1001 read as follows: "§ 1001.”

Sylvester Blaze v. Gary Payne, United States Postal Serv., 819 F.2d 128 (5th Cir. 1987). · cites it 5× “JONES, Circuit Judge: The issue in this case is whether any private right of action can be implied from 39 U.S.C. § 1001 (b), which authorizes the United States Postal Service, recently metamorphosed to a private-sector-style corporation, to “establish procedures” governing…”

Olimpia TOVAR, Petitioner, v. UNITED STATES POSTAL Serv., Respondent, 3 F.3d 1271 (9th Cir. 1993). · cites it 2× “” 39 U.S.C. § 1001 (e)(2) (1980). In a section captioned “Postal Policy,” the Act further states that the Postal Service “shall provide prompt, reliable, and efficient services to patrons in all areas.”

Malone v. United States Postal Serv., 526 F.2d 1099 (6th Cir. 1975). · cites it 5× “Two questions are presented on appeal: (1) whether the grievance and arbitration procedures authorized in the collective bargaining agreement between the Postal Service and the national postal unions are either contrary to the Postal Reorganization Act, 39 U.S.C. § 1001 , or…”

Fraginals v. Postmaster Gen., 265 F. Supp. 2d 1309 (S.D. Fla. 2003). · cites it 11× “§ 201 ), whose officers and employees serve through “appointments” ( 39 U.S.C. § 1001 (a)). 1 Accordingly as postal employees receive their employment rights through appointments to positions, and not as a result of personal contracts of employment, plaintiffs claim that his…”

United States v. Michael Wayne Kirkland, 12 F.3d 199 (11th Cir. 1994). · cites it 4× “Such “contract drivers” are not part of the postal career service entitled to the benefits and protections of the civil service laws, as set forth at 39 U.S.C. § 1001 (b). Their wages and benefits are provided directly by the contractor and are governed by the Service Contract…”

Lutz v. United States Postal Serv., 538 F. Supp. 1129 (E.D.N.Y 1982). · cites it 4× “, § 1004(a); see also id., § 101(c). Defendant has not disputed plaintiff’s contentions that its hiring and advancement policies were based on merit to fulfill these obligations, or that plaintiff counted on receiving their benefit when he came to work for defendant.”

Adolph Kizas v. William H. Webster, Adolph Kizas v. William H. Webster, 707 F.2d 524 (D.C. Cir. 1983). “V 1981); 39 U.S.C. § 1001 (1976). Rather, general grants of discretion with respect to “compensation” extend only to those details of pay administration that have been delegated by Congress.”

Reeder v. Frank, 813 F. Supp. 773 (D. Utah 1992). · cites it 5× “See 39 U.S.C. §§ 1001 (b), 1003(b) (1982). Reeder’s fourth and fifth causes of action allege that the Postal Service breached its implied employment contract with him and also breached its implied covenant of good faith and fair dealing.”

Aleia L. Robinson v. Marvin T. Runyon, Postmaster Gen., United States Postal Serv., 149 F.3d 507 (6th Cir. 1998). “Postal Service employees are treated as federal employees for purposes of civil service, 39 U.S.C. § 1001 (b), federal criminal laws, 39 U.”

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