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

39 U.S.C. § 1208

Suits

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(a) The courts of the United States shall have jurisdiction with respect to actions brought by the National Labor Relations Board under this chapter to the same extent that they have jurisdiction with respect to actions under title 29.(b) Suits for violation of contracts between the Postal Service and a labor organization representing Postal Service employees, or between any such labor organizations, may be brought in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy.(c) A labor organization and the Postal Service shall be bound by the authorized acts of their agents. Any labor organization may sue or be sued as an entity and in behalf of the employees whom it represents in the courts of the United States. Any money judgment against a labor organization in a district court of the United States shall be enforcible only against the organization as an entity and against its assets, and shall not be enforcible against any individual member or his assets.(d) For the purposes of actions and proceedings by or against labor organizations in the district courts of the United States, district courts shall be deemed to have jurisdiction of a labor organization (1) in the district in which such organization maintains its principal offices, or (2) in any district in which its duly authorized officers or agents are engaged in representing or acting for employee members.(e) The service of summons, subpena, or other legal process of any court of the United States upon an officer or agent of a labor organization, in his capacity as such, shall constitute service upon the labor organization.(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 736.)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 184 cases (16 in the last 5 years), 1971–2026 · 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 3× “In the complaint, plaintiffs’ state that the Court’s subject matter jurisdiction arises at least in part from 39 U.S.C. § 1208 . See Complaint ¶ 9. That section of the PRA expressly grants jurisdiction to the Court over suits arising from the violations of contracts between the…”
Fuqua v. United States Postal Serv., 979 F. Supp. 2d 850 (N.D. Ill. 2013). · cites it 12× “against the Postal Service (“Count I”); (2) breach of the duty of fair representation under the Postal Reorganization Act, 39 U.S.C. § 1208 (b), against Local 306 (“Count II”); (3) breach of contract against Local 306 and the Postal Service for their breach of the collective…”
Beckman v. United States Postal Serv., 79 F. Supp. 2d 394 (S.D.N.Y. 2000). · cites it 4× “Plaintiff Michael Beckman brings this “hybrid” action, pursuant to section 1208(b) of the Postal Reorganization Act of 1970 (“PRA”), 39 U.S.C. § 1208 (b), alleging that (1) his employer, defendant United States Postal Service (the “USPS”), impermissibly transferred him from a…”
Bowen v. United States Postal Serv., 459 U.S. 212 (1983). · cites it 2× “Because the employer in the present case is the United States Postal Service, petitioner Bowen's action technically arises under § 2 of the Postal Reorganization Act, 39 U. S. C. § 1208 (b), which is identical to § 301 in all relevant respects.”
Philip J. Podobnik v. United States Postal Serv. Nat'l Rural Letter Carriers Ass'n John E. Potter, Postmaster Gen. of the United States, 409 F.3d 584 (3rd Cir. 2005). “Such an allegation alleges a breach of 39 U.S.C. § 1208 (b), which is the parallel provision to section 301 of the Labor Management Relations Act, 29 U.”
Donald C. Miles v. United States Postal Serv., Ken Strom, & Does 1-10, Inclusive, 561 F.2d 1348 (9th Cir. 1977). · cites it 6× “2 39 U.S.C. § 1208 (b) states: “(b) Suits for violation of contracts between the Postal Service and a labor organization representing Postal Service employees, or between any such labor organizations, may be brought in any district court of the United States having jurisdiction…”
Lofton v. United States Postal Serv., 592 F. Supp. 36 (S.D.N.Y. 1984). · cites it 7× “§ 10 and 39 U.S.C. § 1208 , (Application at ¶ 3). Respondent has moved pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), for an order dismissing the action for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted.”
United States Postal Serv. v. Am. Postal Workers Union, 553 F.3d 686 (D.C. Cir. 2009). · cites it 2× “EDWARDS, Senior Circuit Judge: This case involves an action brought in District Court by the United States Postal Service (“USPS” or “Postal Service”), under the Postal Reorganization Act, 39 U.S.C. § 1208 (b), to vacate an arbitrator’s award granting a grievance filed by the…”
Jose J. Roman v. United States Postal Serv., 821 F.2d 382 (7th Cir. 1987). · cites it 2× “The district court found that Roman’s due process claim was necessarily a postal labor claim under 39 U.S.C. § 1208 (b), that the Postal Service had breached the collective bargaining agreement.”
Hickey v. Brennan, 969 F.3d 1113 (10th Cir. 2020). “A postal employee seeking to challenge the result of a union grievance proceeding may file a federal lawsuit claiming breach of the collective bargaining agreement and duty of fair representation under 39 U.S.C. § 1208 (b). However, it is undisputed that Hickey did not bring any…”
Joan Bacashihua, Am. Postal Workers Union v. United States Postal Serv., 859 F.2d 402 (6th Cir. 1988). · cites it 2× “To the extent that Baeashihua’s appeal arguably might fall under 39 U.S.C. § 1208 (b) (which she did not expressly plead), her claim must also fail.”
Williams v. Brennan, 285 F. Supp. 3d 1 (D.C. Cir. 2017). · cites it 2× “" 39 U.S.C. § 1208 (c). Accordingly, to the extent Williams intends to allege that the individual APWU Defendants breached the duty of fair representation, her claims must be dismissed.”
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— 39 U.S.C. § 1208(b) — 2 cases
Young v. United States Postal Serv., 698 F. Supp. 1139 (S.D.N.Y. 1988).
Baade v. United States Postal Serv., 664 F. Supp. 627 (D. Me. 1987).
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