§ 1207. — Labor disputes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 39USC1207]
TITLE 39--POSTAL SERVICE
PART II--PERSONNEL
CHAPTER 12--EMPLOYEE-MANAGEMENT AGREEMENTS
Sec. 1207. Labor disputes
(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 of 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 direct the establishment of a factfinding panel consisting
of 3 persons. For this purpose, he shall submit to the parties a list of
not less than 15 names, from which list each party, within 10 days,
shall select 1 person. The 2 so selected shall then choose from the list
a third person who shall serve as chairman of the factfinding panel. If
either of the parties fails to select a person or if the 2 members are
unable to agree on the third person within 3 days, the selection shall
be made by the Director. The factfinding panel shall issue after due
investigation a report of its findings, with or without recommendations,
to the parties no later than 45 days from the date the list of names is
submitted.
(c)(1) If no agreement is reached within 90 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 therefor, an arbitration board shall be established
consisting of 3 members, not members of the factfinding panel, 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 by the Director.
If the parties do not agree on the framing of the issues to be
submitted, the factfinding panel shall frame the issues and submit them
to the arbitration board.
(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 factfinding panel 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 agreement within 90 days of the
commencement of collective bargaining, a factfinding panel will be
established in accordance with the terms of 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 of 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.)
