U.S. Code » Title 39 » Part PART II— PERSONNEL › Chapter CHAPTER 12— EMPLOYEE-MANAGEMENT AGREEMENTS

39 U.S.C. § 1202

Bargaining units

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The National Labor Relations Board shall decide in each case the unit appropriate for collective bargaining in the Postal Service. The National Labor Relations Board shall not include in any bargaining unit—(1) any management official or supervisor;(2) any employee engaged in personnel work in other than a purely nonconfidential clerical capacity;(3) both professional employees and employees who are not professional employees unless a majority of such professional employees vote for inclusion in such unit; or(4) together with other employees, any individual employed as a security guard to enforce against employees and other persons, rules to protect property of the Postal Service or to protect the safety of property, mail, or persons on the premises of the Postal Service; but no labor organization shall be certified as the representative of employees in a bargaining unit of security guards if such organization admits to membership, or is affiliated directly or indirectly with an organization which admits to membership, employees other than guards.(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 733.)Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1971–2022 · leading case: Geraldine L. McCandless & Fleetwood S. Quittley & Deborah M. Kintner v. Merit Sys. Prot. Bd., 996 F.2d 1193 (Fed. Cir. 1993).
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Geraldine L. McCandless & Fleetwood S. Quittley & Deborah M. Kintner v. Merit Sys. Prot. Bd., 996 F.2d 1193 (Fed. Cir. 1993). · cites it 15× “39 U.S.C. § 1202 . 2. PEARA provides for appeal rights from adverse employment decisions affecting non-preference eligible employees who satisfy the parameters set forth in 39 U.”
James M. Carrier,petitioner v. Merit Sys. Prot. Bd., & United States Postal Serv., Intervenor, 183 F.3d 1376 (Fed. Cir. 1999). · cites it 4× “This holding in McCandless follows from the fact that 39 U.S.C. § 1202 bars from bargaining units those postal service employees who are managers, supervisors, or confidential-personnel employees.”
David D. Bolton v. Merit Sys. Prot. Bd., 154 F.3d 1313 (Fed. Cir. 1998). “Because Congress used the same terms to define the scope of jurisdiction for both the NLRB and the Board with respect to all postal service employees, compare 39 U.S.C. § 1202 (1994) (the NLRB “shall not include in any [collective] bargaining unit .”
Nat'l Labor Relations Bd. v. United States Postal Serv. & Am. Postal Workers Union, 833 F.2d 1195 (6th Cir. 1987). “, 39 U.S.C. § 1202 (Board to select appropriate bargaining units), 39 U.”
Nat'l Ass'n of Postal Supervisors v. United States Postal Serv., 602 F.2d 420 (D.C. Cir. 1979). “See 39 U.S.C. § 1202 (1) (1976). The “participate directly” language of section 1004(b) derives from the Senate Committee version of H.”
Hickman v. United States, 43 Fed. Cl. 424 (Fed. Cl. 1999). “1989) (postal workers may bargain under the Postal Reorganization Act, 39 U.S.C. §§ 1202 , 1206, as opposed to the FLMRA).”
Eugene G. Chin v. The United States, 890 F.2d 1143 (Fed. Cir. 1989). “39 U.S.C. §§ 1202 - *1145 1206 (1982). The only proscription on what can be bargained over are certain benefits over which Congress specifically retained control — retirement, veterans’ preference, and workers’ compensation.”
Clete E. Coursen v. United States Postal Serv., 256 F.3d 1353 (Fed. Cir. 2001). “In addition, the law provides that a Postal Service employee is precluded from joining a CBU if that employee is a “management official or supervisor,” or is engaged in personnel work in other than a purely nonconfidential clerical capacity.”
Fraternal Order of Police, Nat'l Labor Council, USPS No. 2 v. United States Postal Serv., 988 F. Supp. 701 (S.D.N.Y. 1997). “It gives the National Labor Relations Board (“NLRB”) the authority to supervise collective bargaining units within the Postal Service, 39 U.S.C. §§ 1202 -1203 (1980), and generally incorporates all provisions of the National Labor Relations Act (“NLRA”), codified at 29 U.”
Milner v. Bolger, 546 F. Supp. 375 (E.D. Cal. 1982). “, but to the National Labor Relations Board, 39 U.S.C. § 1202 , et seq. The similarity of the labor-management relationship in the Postal Service to the labor-management relationships of private industry was quite deliberate: Generally speaking, H.”
Nat'l Ass'n of Let. Car. v. Indep. Post. S. of A., Inc., 336 F. Supp. 804 (W.D. Okla. 1971). “39 U.S.C. §§ 1202 , 1203 and 1206. Thus, the Court concludes that the test of Bata Processing has been met by the evidence and applicable law and Plaintiff has standing to bring this suit.”
Nat'l All. of Postal & Fed. Employees v. E. T. Klassen, Individually & as Postmaster Gen. of the United States, Etal, 514 F.2d 189 (D.C. Cir. 1975). “At the same time, sections 1202 and 1203 of the PRA ( 39 U.S.C. §§ 1202 , 1203), which are particularly involved in this appéal, became operative.”
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