39 U.S.C. § 402

Delegation of authority

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Except for those powers, duties, or obligations specifically vested in the Governors, as distinguished from the Board of Governors, the Board may delegate the authority vested in it to the Postmaster General under such terms, conditions, and limitations, including the power of redelegation, as it deems desirable. The Board may establish such committees of the Board, and delegate such powers to any committee, as the Board determines appropriate to carry out its functions and duties. Delegations to the Postmaster General or committees shall be consistent with other provisions of this title, shall not relieve the Board of full responsibility for the carrying out of its duties and functions, and shall be revocable by the Governors in their exclusive judgment.

Notes of Decisions

Cited in 8 cases, 1971–2013 · leading case: Bernard L. Silver, Cartwright-Mitchell, Inc., a Delaware Corp. v. United States Postal Serv., 951 F.2d 1033 (9th Cir. 1991).

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Bernard L. Silver, Cartwright-Mitchell, Inc., a Delaware Corp. v. United States Postal Serv., 951 F.2d 1033 (9th Cir. 1991). · cites it 4× “” 39 U.S.C. § 402 . Because we find that the Postal Service is a “department” capable of receiving appointment authority; that, within the corporate structure adopted by Congress, the GOVERNORS are the head of the department; and that, as management agents, the PG and the DPG…”

United Parcel Serv., Inc., a New York Corp., & United Parcel Serv., Inc., & Ohio Corp. v. United States Postal Serv., 604 F.2d 1370 (3rd Cir. 1979). · cites it 2× “§ 202 , which pursuant to 39 U.S.C. § 402 established an Executive Committee.”

Nat'l Ass'n of Greeting Card Publishers v. United States Postal Serv., 569 F.2d 570 (D.C. Cir. 1976). “The Act generally permits the Board to delegate the authority vested in it to the Postmaster General, see 39 U.S.C. § 402 , and the Board has delegated some of its authority, see 39 C.”

Newspaper Assoc. of Am. v. Postal Regulatory Comm'n, 734 F.3d 1208 (D.C. Cir. 2013). “It claimed that Resolution 11-4, by allowing Postal Service management to negotiate service agreements, delegates the Governors’ statutory responsibility to set rates in violation of 39 U.S.C. § 402 . Thus, according to Valpak, the Agreement was not properly before the…”

Mail Order Ass'n of Am. v. United States Postal Serv., 2 F.3d 408 (D.C. Cir. 1993). · cites it 2× “39 U.S.C. § 402 . The Board of Governors, by contrast, has “all authority for operations,” S.”

Pent-R-Books, Inc. v. United States Postal Serv., 328 F. Supp. 297 (E.D.N.Y 1971). “This delegation is not in conflict with the Congressional policy as demonstrated by 39 U.S.C. § 402 , which permits the Board to delegate authority to the Postmaster General, and is scheduled to become effective on July 1, 1971.”

Combined Commc'ns Corp. Nashville Banner Publ'g Co., Cross-Appellees v. United States Postal Serv., Cross-Appellant, 891 F.2d 1221 (6th Cir. 1989). “Under the Postal Reorganization Act, the Board of Governors has “the exclusive and nondelegable authority to establish 'classes of mail’ and ‘rates of postage’, 39 U.S.C. §§ 402 , 3621, but only after the Governors have received a recommended decision from the Postal Rate…”

Newspaper Assoc. of Am. v. Postal Regulatory Comm'n (D.C. Cir. 2013). “It claimed that Resolution 11-4, by allowing Postal Service management to negotiate service agreements, delegates the Governors’ statutory responsibility to set rates in violation of 39 U.S.C. § 402 . Thus, according to Valpak, the Agreement was not properly before the…”

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