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

39 U.S.C. § 1209

Applicability of Federal labor laws

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(a) Employee-management relations shall, to the extent not inconsistent with provisions of this title, be subject to the provisions of subchapter II of chapter 7 of title 29.(b) The provisions of chapter 11 of title 29 shall be applicable to labor organizations that have or are seeking to attain recognition under section 1203 of this title, and to such organizations, officers, agents, shop stewards, other representatives, and members to the extent to which such provisions would be applicable if the Postal Service were an employer under section 402 of title 29. In addition to the authority conferred on him under section 438 of title 29, the Secretary of Labor shall have authority, by regulation issued with the written concurrence of the Postal Service, to prescribe simplified reports for any such labor organization. The Secretary of Labor may revoke such provision for simplified forms of any such labor organization if he determines, after such investigation as he deems proper and after due notice and opportunity for a hearing, that the purposes of this chapter and of chapter 11 of title 29 would be served thereby.(c) Each employee of the Postal Service shall have the right, freely and without fear of penalty or reprisal, to form, join, and assist a labor organization or to refrain from any such activity, and each employee shall be protected in the exercise of this right.(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 737.)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 46 cases (2 in the last 5 years), 1974–2022 · leading case: Old Dominion Branch No. 496 v. Austin, 418 U.S. 264 (1974).
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Old Dominion Branch No. 496 v. Austin, 418 U.S. 264 (1974). · cites it 2× “" The Postal Reorganization Act continues this prohibition of union security agreements, 39 U. S. C. § 1209 (c). The NLRA, of course, permits certain union security agreements, § 8 (a) (3), 61 Stat.”
United States Postal Serv. v. Nat'l Ass'n of Letter Carriers, Afl-Cio, 9 F.3d 138 (D.C. Cir. 1993). · cites it 3× “737 (1970) (codified at 39 U.S.C. § 1209 (a) (1986)). Title 39 now provides that the Postal Service is subject to the Privacy Act.”
Nat'l Labor Relations Bd. v. United States Postal Serv. & Am. Postal Workers Union, 833 F.2d 1195 (6th Cir. 1987). · cites it 2× “It is only if the NLRA provision is consistent with the PRA — for which the language of the PRA, its legislative history, and its underlying policy are the interpretative tools — that the Board’s interpretation of the NLRA becomes relevant.”
Am. Postal Workers Union, Afl-Cio, Wilma M. Carter v. United States Postal Serv., 707 F.2d 548 (D.C. Cir. 1983). “39 U.S.C. § 1209 (1976). Two provisions of the PRA relevant to this controversy are subsections (d) and (f) of 39 U.”
Marilyn Mitchell Kevin Bale Susan Boorstein v. Cont'l Airlines, Inc. Int'l Ass'n of MacHinists & Aerospace Workers, 481 F.3d 225 (5th Cir. 2007). “39 U.S.C. § 1209 . 18 . 768 F.2d 730, 735 (5th Cir.”
Darrell D. McNair v. United States Postal Serv., 768 F.2d 730 (5th Cir. 1985). “, which is made applicable by the Postal Reorganization Act, 39 U.S.C. § 1209 (a), (b). Under section 2 of the Postal Reorganization Act, federal courts have jurisdiction of disputes arising under collective bargaining agreements executed by USPS.”
Nat'l Labor Relations Bd. v. United States Postal Serv., 18 F.3d 1089 (3rd Cir. 1994). “The Board had jurisdiction to consider the APWU’s unfair labor practices complaint pursuant to the Postal Reorganization Act, 39 U.S.C. § 1209 (a), which governs the Postal Service’s employee-management relations.”
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). · cites it 2× “See 39 U.S.C. §§ 1209 (e), 1203(a) (1980). The PRA also specifically authorizes the Postal Service and the unions representing postal workers to devise internal procedures for the settlement of.”
Fraginals v. Postmaster Gen., 265 F. Supp. 2d 1309 (S.D. Fla. 2003). · cites it 4× “Plaintiffs also rely on 39 U.S.C. § 1209 (c) as jurisdictional support for their breach of contract claims.”
Edward Kuhn v. Nat'l Ass'n of Letter Carriers, Branch 5 & Int'l Ass'n of Letter Carriers & United States Postal Serv., 570 F.2d 757 (8th Cir. 1978). “39 U.S.C. § 1209 (a). 7 . In holding that Executive Orders such as Nos.”
Geraldine L. McCandless & Fleetwood S. Quittley & Deborah M. Kintner v. Merit Sys. Prot. Bd., 996 F.2d 1193 (Fed. Cir. 1993). “n appeal to the MSPB is brought by a Postal Service employee, MSPB reliance on NLRB precedent may not be rote, but must be informed by an interpretation of the PRA and PEARA: The Postal Reorganization Act made employee-management relations subject to the provisions of the…”
Bennett v. Barnett, 210 F.3d 272 (5th Cir. 2000). “See 39 U.S.C. § 1209 (a)-(b) (1994). The collective bargaining agreements may include “any procedures for resolution by the parties of grievances and adverse actions arising under the agreement, including procedures culminating in binding third-party arbitration.”
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