39 U.S.C. § 1006
Right of transfer
Officers and employees in the postal career service of the Postal Service shall be eligible for promotion or transfer to any other position in the Postal Service or the executive branch of the Government of the United States for which they are qualified. The authority given by this section shall be used to provide a maximum degree of career promotion opportunities for officers and employees and to insure continued improvement of postal services.
Notes of Decisions
Cited in 7
cases, 1990–2003 · leading case: Allen C. Kaiser v. United States Postal Serv. & the Nat'l Rural Letter Carriers Ass'n, 908 F.2d 47 (6th Cir. 1990).
Allen C. Kaiser v. United States Postal Serv. & the Nat'l Rural Letter Carriers Ass'n, 908 F.2d 47 (6th Cir. 1990). “He also sued the United States Postal Service, claiming that he had an implied right of action under 39 U.S.C. § 1006 , which establishes career postal employees’ right of transfer.”
Sebastian McGarigle v. United States Postal Serv., 904 F.2d 687 (Fed. Cir. 1990). “Finally, he argues that 39 U.S.C. § 1006 (1070) precludes the Postal Service from reducing his pay upon his transfer.”
Bruce Stupy v. United States Postal Serv., 951 F.2d 1079 (9th Cir. 1991). “The district court dismissed the claim against the Postal Service on the ground that the PRA, 39 U.S.C. § 1006 , does not confer a private right of action.”
Kaiser v. United States Postal Serv., 785 F. Supp. 648 (E.D. Mich. 1992). “He also claimed (1) that he had an implied right of action against the Postal Service under 39 U.S.C. § 1006 , which establishes career postal employees’ right of transfer, and (2) that by virtue of the representations of USPS supervisors made to him prior to his transfer that…”
Glenn v. United States Postal Serv., 939 F.2d 1516 (11th Cir. 1991). “First, they contended that a statutory right to “transfer” within the Postal Service is conferred by 39 U.S.C. § 1006 , which provides: Right of transfer Officers and employees in the postal career service of the Postal Service shall be eligible for promotion or transfer to any…”
Fraginals v. Postmaster Gen., 265 F. Supp. 2d 1309 (S.D. Fla. 2003). “1991) (no express or implied cause of action for postal employees under 39 U.S.C. § 1006 ); Blaze v. Payne, 819 F.”
Stupy v. United States Postal Serv., 772 F. Supp. 1125 (D. Ariz. 1990). “United States Postal Service: Subject Matter Jurisdiction Defendant claims that plaintiff has no private right of action under 39 U.S.C. § 1006 and, accordingly, the claim should be dismissed.”
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