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President's Viewpoint

Policy-Making Should Be in the ‘Sunshine’

(This article first appeared in the November/December 2007 issue of The American Postal Worker magazine.)

As previously reported, the American Postal Workers Union has filed a lawsuit challenging the exclusion of the union and representatives of the general public from access to the Mailers Technical Advisory Committee. We filed the suit in May, and await a ruling by the U.S. District Court of the District of Columbia.

The union’s objective is to be involved in the early discussions that formulate policy and ideas governing our employer.

We are disappointed that it was necessary to initiate legal action to permit postal employees and the public to participate in this committee, which was formed to share technical information, and make recommendations on matters concerning mail-related products and services. Subjects under discussion by the committee include service standards, network redesign, rates, new equipment and many other issues of major importance to the operations of the nation’s mail service.

The major defense offered by Postal Service attorneys is that the agency is exempt from the Federal Advisory Committee Act and is not required to comply with the “sunshine” laws governing federal committees.

Owning Up to the Law

In addition to filing the lawsuit, the APWU has made a formal request to the postmaster general that the recently enacted Postal Accountability and Enhancement Act (PAEA) be complied with by the appointment of the official Advisory Council, as required by Title 39, USC Section 206. The law requires the establishment of an advisory committee, and says the Postal Service “shall consult with and receive the advice of” this council. It describes the council as follows:

(a) There shall be a Postal Service Advisory Council of which the Postmaster General shall be the Chairman and the Deputy Postmaster General shall be the Vice Chairman. The Advisory Council shall have 11 additional members appointed by the President. He shall appoint as such members: (1) 4 persons from among persons nominated by those labor organizations recognized as collective-bargaining representatives for employees of the Postal Service in one or more collective- bargaining units; (2) 4 persons as representatives of major mail users; and (3) 3 persons as representatives of the public at large. All members shall be appointed for terms of 2 years except that, of those first appointed: 2 of the members representative of labor organizations; 2 of the members representative of major postal users; and 1 member representing the public at large shall be appointed for 1 year. Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall serve for the remainder of such term.

(b) The Postal Service shall consult with and receive the advice of the Advisory Council regarding all aspects of postal operations.

(c) The members of the Council representative of the public at large shall receive for each meeting of the Council an amount equal to the daily rate applicable to Level V of the Executive Schedule under Section 5316 of Title 5. All members of the Council shall be reimbursed for necessary travel and reasonable expenses incurred in attending meetings of the Council.

Compliance With the Statute

On Sept. 28, 2007, I forwarded a letter to the postmaster general formally requesting “prompt compliance with the statutory requirement to implement the Advisory Council.” If unresolved, the next step is to initiate legal action against President Bush for the executive branch’s failure to implement the legally required committee.

It is interesting that the Bush administration placed a notice in the Federal Register on Oct. 2, 2007, that “The Secretary of State announces the creation of the Advisory Committee on International Postal and Delivery Services in fulfillment of the provisions of the 2006 Postal Accountability and Enhancement Act and in accordance with the Federal Advisory Committee Act.”

The notice said that: “The authority for this Advisory Committee is at Section 407 of the PAEA…Section 407. International postal arrangements: The Secretary of State shall establish an advisory committee (within the meaning o the Federal Advisory Committee Act) to perform such functions as the Secretary considers appropriate in connection with carrying out subparagraphs (A) through (D) of paragraph (2).”

I await the postmaster general’s response to the request for the establishment of the two Advisory Committees required by the PAEA.

Summing Up

• The union has requested membership in the Mailers Technical Advisory Committee, a committee which is not required by law, and we have filed suit maintaining that MTAC is governed by the Federal Advisory Committee Act;
  
  
• Consistent with Section 407 of the Postal Accountability and Enhancement Act, the Secretary of State has created the Advisory Committee on International Postal and Delivery Services consistent with the Federal Advisory Committee Act; and
  
  
• The union has requested that the president appoint the members to the Postal Service Advisory Council, as required by the Postal Accountability and Enhancement Act.

The union’s objective is to participate on behalf of our membership in the early discussions that formulate policy and plans governing our employer, the United States Postal Service. Under the current system, by the time formal notice is provided to the union, positions too often have hardened and final decisions have already been reached on issues governing every aspect of postal employment.

We shall find a way to have the voice of the employees heard.

Thanks to the Membership Thank you to all of the members who participated in the APWU national election, and congratulations to those who were successful in their campaigns. Each of the top-level officers who had opposition was re-elected by a large margin. We are extremely grateful for your support and pledge to continue our efforts to provide APWU members with the top-notch representation they deserve.

 

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