39 U.S.C. § 1207

Labor disputes

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(a) If there is a collective-bargaining agreement in effect, no party to such agreement shall terminate or modify such agreement unless the party desiring such termination or modification serves written notice upon the other party to the agreement of the proposed termination or modification not less than 90 days prior to the expiration date thereof, or not less than 90 days prior to the time it is proposed to make such termination or modification. The party serving such notice shall notify the Federal Mediation and Conciliation Service of the existence of a dispute within 45 days after such notice, if no agreement has been reached by that time.(b) If the parties fail to reach agreement or to adopt a procedure providing for a binding resolution of a dispute by the expiration date of the agreement in effect, or the date of the proposed termination or modification, the Director of the Federal Mediation and Conciliation Service shall within 10 days appoint a mediator of nationwide reputation and professional stature, and who is also a member of the National Academy of Arbitrators. The parties shall cooperate with the mediator in an effort to reach an agreement and shall meet and negotiate in good faith at such times and places that the mediator, in consultation with the parties, shall direct.(c)(1) If no agreement is reached within 60 days after the expiration or termination of the agreement or the date on which the agreement became subject to modification under subsection (a) of this section, or if the parties decide upon arbitration but do not agree upon the procedures therefore, an arbitration board shall be established consisting of 3 members, 1 of whom shall be selected by the Postal Service, 1 by the bargaining representative of the employees, and the third by the 2 thus selected. If either of the parties fails to select a member, or if the members chosen by the parties fail to agree on the third person within 5 days after their first meeting, the selection shall be made from a list of names provided by the Director. This list shall consist of not less then 9 names of arbitrators of nationwide reputation and professional nature, who are also members of the National Academy of Arbitrators, and whom the Director has determined are available and willing to serve.(2) The arbitration board shall give the parties a full and fair hearing, including an opportunity to present evidence in support of their claims, and an opportunity to present their case in person, by counsel or by other representative as they may elect. Decisions of the arbitration board shall be conclusive and binding upon the parties. The arbitration board shall render its decision within 45 days after its appointment.(3) Costs of the arbitration board and mediation shall be shared equally by the Postal Service and the bargaining representative.(d) In the case of a bargaining unit whose recognized collective-bargaining representative does not have an agreement with the Postal Service, if the parties fail to reach the agreement within 90 days after the commencement of collective bargaining, a mediator shall be appointed in accordance with the terms in subsection (b) of this section, unless the parties have previously agreed to another procedure for a binding resolution of their differences. If the parties fail to reach agreement within 180 days after the commencement of collective bargaining, and if they have not agreed to another procedure for binding resolution, an arbitration board shall be established to provide conclusive and binding arbitration in accordance with the terms of subsection (c) of this section.(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 735; Pub. L. 109–435, title V, § 505(a), Dec. 20, 2006, 120 Stat. 3235.)Editorial NotesAmendments

2006—Pub. L. 109–435 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to labor disputes between the Postal Service and bargaining representatives.

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 9 cases, 1972–1997 · leading case: Am. Postal Workers Union, Headquarters Local 6885 v. Am. Postal Workers Union, 665 F.2d 1096 (D.C. Cir. 1981).

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Am. Postal Workers Union, Headquarters Local 6885 v. Am. Postal Workers Union, 665 F.2d 1096 (D.C. Cir. 1981). · cites it 4× “See 39 U.S.C. § 1207 (b), (d) (1976). Under this provision, a three-member factfinding panel conducts an investigation and submits a report on its, findings, which may be accompanied by recommendations.”

Thomas Mays v. United States Postal Serv., 995 F.2d 1056 (Fed. Cir. 1993). “In making the Veteran’s Preference Act applicable to the Postal Service through the Postal Reorganization Act (PRA) and subsequent amendments, Congress provided preference eligibles an additional right of appeal from adverse personnel actions in accordance with title 5 of the…”

Nat'l Labor Relations Bd. v. United States Postal Serv. & Am. Postal Workers Union, 833 F.2d 1195 (6th Cir. 1987). “For example, the PRA bars strikes, and mandates arbitration, 39 U.S.C. § 1207 , while the right to strike is a cornerstone of the Congressional scheme under the NLRA, 29 U.”

Local 300, Nat'l Postal Mail Handlers Union v. Nat'l Postal Mail Handlers Union, 764 F. Supp. 199 (D.D.C. 1991). · cites it 2× “See 39 U.S.C. §§ 1207 (c) & (d); see also H.R.”

Sebastian McGarigle v. United States Postal Serv., 904 F.2d 687 (Fed. Cir. 1990). “” A neutral arbitration panel established that language pursuant to 39 U.S.C. § 1207 . 3 Although Mr. McGarigle is of a different opinion, the Postal Service and the NRLCA agree that § 9.”

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). “9 That committee of three individuals was designated as a factfinding panel pursuant to provisions in the PRA, codified at 39 U.S.C. § 1207 (b) (1980), which provide for such panels in the event of an unresolvable labor dispute.”

Kaiser v. United States Postal Serv., 785 F. Supp. 648 (E.D. Mich. 1992). “In accordance with 39 U.S.C. § 1207 (c), the dispute was referred to binding arbitration, and a three-member panel, made up of a representative from each the USPS and the NRLCA, and headed by Arbitrator Marlin Volz, issued an award determining the terms of an agreement covering…”

Am. Postal Workers Union v. United States Postal Serv., 356 F. Supp. 335 (E.D. Tex. 1972). “* Al *339 ternatively, plaintiffs may provide for the matter of coffee breaks pursuant to the procedure outlined in Section 1207 of the 1970 Postal Reorganization Act, 39 U.S.C. § 1207 . Finally, future developments may of course require that the plaintiffs invoke the grievance…”

Glenn v. United States Postal Serv., 939 F.2d 1516 (11th Cir. 1991). · cites it 2× “This wage provision was established by an arbitration board in 1982 pursuant to 39 U.S.C. § 1207 and was incorporated into the 1984 collective bargaining agreement for rural carriers and has remained in subsequent agreements.”

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