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Michigan Association of Letter Carriers, May 10, 1969 (1)
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4526199
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Michigan Association of Letter Carriers, May 10, 1969 (1)
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Gerald R. Ford Congressional Papers
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Post Office Department. 2/20/1792-7/1/1971
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1969
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The original documents are located in Box D27, folder "Michigan Association of Letter Carriers, May 10, 1969 (1)" of the Ford Congressional Papers: Press Secretary and Speech File at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. The Council donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. NOTES FORSSAT., MAY 10, MICH. ASS'N OF LETTER EARRIERS FOR THEI NEXT 15 OR 20 MINUTES I AM GOING TO BREAK THE BEST RULE FOR STAYING OUT OF TROUBLE KEEPING MY MOUTH SHUT. SERIOUSLY, I AM VERY HAPPY TO BE HERE TODAY BECAUSE I CONSIDER IT AN HONOR AND A PRIVILEGE TO TALK WITH MICHIGAN'S LETTER CARRIERS. IT IS AN HONOR AND A GERALD PRIVILEGE BECAUSE I LOOK UPON EVERY ONE OF YOU AS BEING IN THE SERVICE OF YOUR COUNTRY AND THERE MORE IS NO SERVICE DESERVING OF RESPECT. 2/ NOTES WHAT I SAID EARLIER ABOUT TROUBLE WAS JUST A GAG, NATURALLY THAT'S REALLY WHAT A CONGRE SSMAN'S JOB IS LISTENING TO PEOPLE'S TROUBLES AND TRYING TO DO SOMETHING ABOUT THEM. FELLOWS OF COURSE, SOME FIGURE IT'S BEST TO KEEP THEIR TROUBLES TO THEMSELVES. THEY SAY HAIF THE PEOPLE YOU TELL THEM TO DON'T WANT TO HEAR THEM AND THE OTHER HALF ARE GLAD TO HEAR THEY YOU 'RE CANADA "GETTING YOURS." SERIOUSLY, YOU SHOULD TALK ABOUT YOUR TROUBLES. AND I'M HERE TO TALK ABOUT THEM WITH YOU. Digitized from Box D27 of The Ford Congressional Papers: Press Secretary and Speech File at the Gerald R. Ford Presidential Library 3/ NOTES ONE OF THE TOPICS I WANT TO DISCUSS WITH YOU IS UNION-MINAGEMENT LEGISLATION FOR GOVERNMENT EMPLOYES. THIS IS THE HOTTEST SUBJECT GOING RIGHT NOW IN THE HOUSE POST OFFICE AND CIVIL SERVICE COMMITTEE. ABOUT 100 BILLS HAVE BEEN INTRODUCED ON THIS SUBJECT. so THERE IS GREAT INTEREST IN IT, BUT I WANT TO IMPRESS UPON YOU THAT THERE ALSO IS A GREAT LACK OF AGREEMENT ON IT ...NOT JUST AMONG MEMBERS OF THE CONGRE SS BUT AMONG THE GOVERNMENT UN IONS 4/ NOTES AS A RESULT OF THIS LACK OF UNANIMITY, CONGRESSMAN BOB CORBETT OF PENNSYLVANIO THE SENIOR REPUBLICAN ON THE COMMITTEE, HAS ENDORSED THE LEGISLATION IN PRINCIPLE BUT HAS NOT EMBRACED ANY PARTICUIAR BILL. AND CONGRESSMAN TAD DULSKI OF NEW YORK, THE COMMITTEE CHAIRMAN, HAS INTRODUCED FOUR BILLS ON THE SUBJECT FORD so AS TO COVER THE WHOLE WATERFRONT. GERALD BRARY SOME OF THE BILLS APPLY ONLY TO THE POSTAL UNIONS; OTHER BILLS APPLY TO ALL THE FEDERAL EMPLOYE UNIONS. 5/ NOTES AS YOU KNOW, THE GENERAL THRUST OF THE LEGISLATION WOULD BE TO WRITE INTO LAW THE PROCEDURES UNDER WHICH FEDERAL EMPLOYE ORGANIZATIONS WOULD BE RECOGNIZED FOR PURPOSES OF NEGOTIATING WITH REGARD TO WORK SCHEDULES, PROMOTIONS, DISTRIBUTION OF OVERTIME, HAZARDOUS WORK, THE SCHEDULING OF VACATIONS, LEAVE, AND EMERGENCY TIME OFF, GENERAL WORKING CONDITIONS, SADETY AND INDUSTRIAL HEALTH, DISCIPLINE, AND GRIEVANCE AND APPEALS PROCEDURE. 6/ NOTES SUCH PROCEDURES ARE PROVIDED FOR NOW IN THE EXECUTIVE ORDER ISSUED BY THE LATE PRESIDENT JOHN E. KENNEDY IN JANUARY 1962--E.0. 10988. OF COURSE THAT EXECUTIVE ORDER DEALS WITH LABOR*MANAGEMENT RELATIONS IN THE ENTIRE FEDERAL SERVICE...NOT JUST THE POSTAL SERVICE. IT DOESN'T JUST AFFECT THE LETTER CARRIERS OR THE POSTAL CLERKS. W. V. GILL, LABOR RELATIONS DIRECTOR OF THE U.S. CIVIL SERVICE COMMISSION, RECENTLY TESTIFIED BEFORE THE HOUSE SUBCOMMITTEE ON PERSONNEL OF THE POST OFFICE AND CIVIL 7/ NOTES SERVICE COMMITTEE ON E.O. 10988. HE TAIKED OF REVISING REVISING E.O. 10988. HE SPOKE IN FAVOR OF IT TO GIVE EMPLOYE ORGANIZATIONS A STRONGER VOICE AND TO ANSWER THEIR OBJECTIONS TO PRESENT PROCEDURES AND ADVISORY ARBITRATION. THERE ARE THOSE WHO ARE REMINDING PRESIDENT NIXON THAT HE SPOKE DURING THE CAMPAIGN OF PROPOSING LEGISLATION. NOT ISSUING AN EXECUTIVE ORDER. BUT PROPOSING LEGISLATION WHICH "WILL INSURE THE PARTICIPATION OF FEDERAL EMPLOYES IN THE FORMULATION AND IMPLEMENTATION 8/ NOTES OF PERSONNEL POLICIES DIRECTLY RELATED TO THEIR EMPLOYMENT. FIRST OF ALL, LET ME TELL YOU THAT UNLIKE SOME POLITICIANS DICK NIXON IS BEING AMAZINGLY FAITHFUL IN CARRYING OUT HIS CAMPAIGN PROMISES. THIS WAS REMARKED UPON RECENTLY BY ONE OF WASHINGTON'S MOST OUTSTANDING NEWSMEN. NIXON ADMINISTRATION AND NOW LET ME TELL YOU THIS THAT THE ART TES IS PREPARING A POST OFFICE DEPARTMENT REFORM BILL WHICH WILL DEFINITELY CONTAIN PROVISIONS AIMED 9/ NOTES AT IMPROVING LABOR *MANAGEMENT RELATIONS IN THE POSTAL SERVICE. I HAVE THAT INFORMATION ON THE BEST POSSIBLE AUTHORITY. NOW...IS THAT LEGISLATION OR ISN'T IT? I DON'T KNOW THE DETAILS, BUT I CAN TELL YOU THAT THE PRESIDENT IS VERY MUCH INTERESTED IN BETTER LABOR-MANAGEMENT RELATIONS IN THE POST OFFICE DEPARTMENT. POSTMASTER GENERAL "RED" BLOUNT AND HIS KEY PEOPLE ARE GERALD LITERALLY WORKING NIGHT AND DAY TO GET THAT POSTAL REFORM BILL READY FOR ACTION BY THE CONGRESSI THIS YEAR. THEIR TARGET DATE IS JUNE 1. 10/ NOTES I CAN ASSURE YOU THAT THE NIXON ADMINISTRATION'S POSTAL REFORM BILL WILL BE A COMPR EHENSIVE APPROACH TO THE PROBLEMS OF THE POSTAL SYSTEM. NOT JUST TAKING IN THE KAPPEL COMMISSION RECOMMENDATIONS BUT GOING FAR BEYOND THAT. THE ADMINISTRATION IS FULLY AWARE THAT 87 per cent OF POST OFFICE DEPARTMENT EMPLOYES ARE UNIONIZED. THEY ARE VERY MUCH AWARE OF YOUR PROBLEMS AND so I CAN $SSURE YOU THAT THEY WILL BE DEALING WITH THEM IN THEIR REFORM BILL. 11/ NOTES LET ME BRING TO YOUR ATTENTION ANOTHER DICKI NIXON THESE PROMISES CAMPAIGN PROMISE. WE HAVE NO NEED TO BURY BECAUSE WE INTEND TO MAKE GOOD ON THEM. MR. NIXON SAID: "THE REPUBLICAN PLATFORM PROVIDES FOR INSURING COMPARABILITY OF FEDERAL SALARIES WITH PRIVATE ENTERPRISE PAY. IFI THIS PIEDGE, WHICH I WHOLEHEARTEDLY APPROVE, IS GERALD TO BE MADE MEANINGFUL, I BELIEVE IMPROVEMENTS CAN AND SHOULD BE MADE IN THE PRESENT FEDERAL WAGE BOARD YSTEM AND IN THE POSTAL PAY SURVEY SYSTEM. 12/ NOTES MR. NIXONW ENT ON TO SAY: "SURVEY TEAMS AND WAGE BOARD DETERMINATIONS ARE BASED TODAY ON STATISTICS AS MUCH AS A YEAR OLD. THIS IS BECAUSE OF THE ADMINISTRATIVE LAG BETWEEN THE COMPILATION OF PRIVATE PAY STATISTICS WITH ACTUAL FEDERAL DETERMINATIONS. A FIRST PRIORITY OF MY ADMINISTRATION IS A THOROUGH AND LONG OVERDUE STUDY OF THE E XECUTIVE DEPARTMENT BY AN INDEPENDENT COMMISSION, PATTERNED AFTER THE HOO VER COMMISSION. I WILL DIRECT THE COMMISSION TO EXAMINE WAGE BOARD AND POSTAL SURVEY 13/ NOTES PROCEDURES WITH A VIEW TO IMPROVING AND ACCELERATING THEIR ADMINISTRATION." DICK NIXON ALSO PLEDGED DURING THE CAMPAIGN THAT THERE WOULD BE MORE CAREER INCENTIVES IN THE FEDERAL SERVICE DURING HIS ADMINISTRATION. HE IS CARRYING OUT THAT PROMISE. VERY SHORTLY AFTER BEING INAUGURATED HE FOR MOVED TO TAKE POLITICS OUT OF THE POST OFFICE IS SEEKING GERALD, DEPARTMENT. HE TO MAKE MORE OPPORTUNITIES AVAILABLE TO FEDERALI EMPLOYES TO COME UP THRO UGH THE RANKS. 14/ NOTES I KNOW YOU'RE UNHAPPY THAT YOU WON'T BE GETTING MORE THAN A 4.1 per E cent PAY INCREASE ON JULY 1. WE NEED A BETTER WAY OF HANDLING THE PROBLEM OF FEDERAL PAY ADJUSTMENTS BUT IT WON'T COME TOMORROW.. AND THE BEST AUTHORITY FOR THAT STATEMENT IS REP. MORRIS UDALL OF ARIZONA, CHAIRMAN OF THE SUBCOMMITTEE ON COMPENSATION OF THE HOUSE POST OFFICE AND CIVIL SERVICE COMMITTEE. UDALL, IN FACT, RECENTLY TOLD THE ORGANIZATION OF PROFESSIONAL EMPLOYES OF THE 15/ NOTES DEPARTMENT OF AGRICULTURE THAT EVEN THE PAY RAISE THAT IS DUE ON JULY 1 WOULD NOT HAVE BEEN POSSIBLE THIS YEAR IF IT HAD NOT BEEN FOR THE THREE-YEAR SYSTEM OF PAY RAISE STEPS APPROVED BY THE CONGRESS IN 1967. INCIDEN TALLY, I VOTED FOR THOSE THREE PAY RAISES. UDALL POINTED TO THE CURRENT ATTEMPTS BEING MADE TO HOLD DOWN FEDERAL SPENDING. AS YOU KNOW, PRESIDENT NIXON HAS CUT FORMER PRESIDENT JOHNSON'S FISCAL 1970 BUDGET BY $4 BILLION BECAUSE WE'VE GOT TO FIGHT INFLATION. 16/ NOTES BUT THERE ARE SOME MEMBERS OF CONGRESS WHO ARE NOT SATISXFIED WITH THAT DEGREE OF BUDGET-CUTTING. FOR EXAMPLE, CHAIRMAN WILBUR MILLS OF THE HOUSE WAYS AND MEANS COMMITTEE WANTS TO FORCE THE PRESIDENT TO CUT ANOTHER $5 BILLION OR so OUT OF THE REVISED BUDGET. I REALLY DON'T KNOW WHERE THAT WOULD TAKE US. THERE IS NO QUESTION THAT THE 91ST CONGRESS IS ECONOMY-MINDED. THERE IS ALSO NO QUESTION THAT FIGHTING INFLATION IS ONE OF OUR TOP PRIORITIES. 17/ WHAT WE HAVE TO DO IS TO LOOK AT THE WHOLE PICTURE. DO YOU WANT A CONTINUATION OF WHAT I CALL "THE POLITICS OF INFLATION?" YOU KNOW WHAT THAT MEANS YOU GET A GOOD PAY RAISE, THE GOVERNMENT KEEPS SPENDING 'WAY BEYOND ITS MEANS, PRICES KEEP GOING UP AND UP AND UP, AND YOUR PAY RAISES, NO MATTER HOW SIZABLE. ARE WIPED OUT BY INCREASES IN PRICES AND TAXES. IS THAT REALLY WHAT YOU WANT? GERALD LIBRARY 18/ NOTES OR DO YOU WANT POLITICS BASED ON SOUND, RESPONSIBLE GOVERNMENT. A GOVERNMENT WITH POLICIES THAT PRODUCE A SOUND DOLLAR AND STABLE PRICES. SO THAT WHEN YOU GET A PAY INCREASE H YOUR ADDED DOLLARS WILL IMPROVE YOUR LOT AND NOT GET WIPED OUT IN A TIDE OF INFLATION AND MORE TAXES? I THINK YOU WANT WHAT THE NIXON ADMINISTRATION WANTS FOR YOU. A POSTAL SERVICE FROM WHICH POLITICS HAS BEEN REMOVED AND FOR WHICH YOU WILL BE PROUD TO WORK, A 19/ NOTES GO VERNMENT THAT PROTECTS YOUR DOLLAR AND IS DETERMINED THAT YOU SHALL IMPROVE YOUR SITUATION IN LIFE, A GOVERNMENT THAT RESPECTS YOU AND IS NOT OUT TO BUY YOUR VOTE THROUGH THE POLITICS OF INFLATION. I ADMIRE EVERY ONE OF YOU; I ADMIRE EVERY AMERICAN WHO EARNS AN HONEST LIVING AND, BELIEVE ME, I'M WITH EVERY WORKER YOU IN WANTING TO SEE TO IT THAT IS PAID ADEQUATELY FOR HIS LABORS. THE PRESENT ADMINISTRATION IS DEDICATED TO JUST TREATMENT AND JUST COMPENSATION FOR EVERY FEDERAL EMPLOYE. 20/ NOTES LET'S WORK TOGETHER TO ACHIEVE THAT GOAL. IF WE ARE PULLED APART, WE WILL ACCOMPLISH NOTHING. IF WE PULL TOGETHER, WE CAN ACHIEVE GREAT THINGS. LET US, AS PRESIDENT NIXON HAS SAID, MO VE FORWARD TOGETHER. ###### GERALD FORD LIBRARY PRESIDENT-ELECT NIXON CAMPAIGN PROMISES Richard M. Nixon. as the Republican candidate for President provided the United Federation of Postal Clerks, on September 26, with a policy statement entitled, "Federal Personnel Policies in the Nixon Administration." The state- ment by Candidate Nixon was in response to a letter from UFPG National Legislative Director Patrick 1. Nilan in late July, enclosing the Rederation's dative program with particular emphasis on the absolute need for enactment of "FEDERAL EMPLOYE LABOR-1 ANAGEMENT RELATIONS bydaw., by Mr. Nixon was requested to comment on the UFPC program with a position statement concerning our legislative goals if elected President. Similar material was submitted to the other Presidential candidates, Vice President Hubert H. Humphrey and former Alabama Governor, George C. Wallace. And for the first time in the history of the Federa- tion. all three major candidates for the Presidency responded with detailed and formal position statements on the UFPC legislative program as requested-which were subsequently published in the Federation News Service-prior to the November 5 election. Now that Mr. Nixon has been' elected as the 37th President of the United States and will be inaugurated on January 20, it is appropriate to again publish President-Elect Nixon's statement. This is being done, not only for the information of our members, but also with the suggestion that our UFPC Local and State officers and officers of the Woman's Auxiliary visit with their respective Congressman and Senators (particularly Republicans-for very obvious reasons) and point out the campaign promises by Mr. Nixon to our union and all Federal employes, which we hope will be lived up to through favorable and positive legislative proposals submitted to the 91st Congress by President Richard M. Nixon and the new Republican Administration after January 20, 1969. As you review the following pre-election statement by Richard M. Nixon, it is particularly important to understand that Mr. Nixon has carefully worded the statement in general terms and provides no specific insight as to exactly what kind of legislation he may propose in the areas with which we are vitally concerned. For example, nowhere in his policy statement does he even suggest that his Administration will initiate legislation which would establish COLLECTIVE BARGAINING by law in the Federal Service or establish EQUALITY between employe unions and management at the bargaining table. In out opinion, the "time of truth" regarding Mr. Nixon's campaign promises will only come in the weeks and months following his Inauguration as President and AFTER his Administration actually proposes legis- lation defining the specifics of his September 26, campaign promises to Federal employes. FEDERAL PERSONNEL POLICIES IN THE NIXON ADMINISTRATION An important task of the new Administration will be to join an employe organization if he chooses to do 50 to assure the protection of the constitutional rights of and should provide for meaningful consultation between federal employes. Federal employes in my Adminis- the employe organzation and those In positions of tration are not to be treated RS numbers in a machine management. The legislation should spell out procedures or as "wocond-clasm" citizens. to insure that charges of unfair labor practices can be heard expeditionaly by (m) independent forunt. I think The success of any administration depends upon the a great deal can be accomplished by encouraging close pride, the dedication and the professional spirit of those cooperation between management and employe at all who administer the laws and staff the functions of the levels of the Federal service. Foderal Government. Much can be done to encourage a The Republican Platform provides for insuring compar> greater sense of pride and individual self-responsibility on ability of Federal salaries with private enterprise pay. If the part of our government's employes. I want every em- this pledge, which I wholeheartedly support, is to be made ploye to feel a sense of personal involvement in the service meaningful, I believe improvements can and should be he renders his country. There must be mutual respect be- made in the present Federal wage board system and in the tween the administration and the individual. postal pay survey system. To this end I will see to it, as called for in the Repub- Survey teams and wage board determinations are based lican Platform, that "snooping, meddling, and pressure by today on statistics as much as a year old. This is because the Federal Government on its employes" is ended. Effec- of the administrative lag between the compilation of private tive. independent machinery should be established within pay statistics with actual Federal determinations. A first the Federal Executive to which an employe may appeal priority of my Administration is a thorough and long over- for a hearing in the case of a violation of his or her due study of the Executive Department by an independent rights, particularly an Invasion of his or her privacy. Pro- commission patterned after the Hoover Commission 1 cedures should be established to assure that these appeals will direct the commission to examine wage board and he heard expeditiously and at minimum expense to the postal survey procedures with a view to improving and employe. NIXON accelerating their administration. I intend further to propose legislation which will I will recommend procedures providing for fuller em- Insure the participation of Federal employes in the ploye participation in their administration. In testimony formulation and implementation of personnel policies before Congress this month (September) It was suggested directly related to their employment. This legislation that a survey be instituted in all areas at the same time- should further recognize the right of Federal employe (Continued on page 6) for December, 1968 3 qualified in the Federal Civil Service entrame etamination. pty on the basis of his political, fraternal or religious af- or in the Management Interne examination, to be appointment Clation. We do est believe any such consideration In to supervisory positions in the Postal Service. making appointments would be in the best Interest of the Our union pointed out at that time that the overwhelm- Postal Service, of postal desployed, or the citizens of this ing majority of all postal employes are "locked in" in the great country which we serve as dedicated postal employes, lower salary levels with few, if any, opportunities to ad- Manale Problems vance during their entire period of service, Today we are specifically opposing the "Scattle Project" on the same. If is our hope that this Committee will consider the basis, namely, that with only 32,000 supervisor positions extremely severe morels problems which could result if a available to 700,000 postal employes; there can be abso-" postal clerk, the order to be promoted to a supervisory lutely no real need for any supervisory appointment policy position, would be required to accept such a position in which would permit employes to be selected from one a post office several hundred, or even thousands of miles post office and promoted to a supervisory position in away from his residence. If he did hot accept such a trans- another. fer, it appears he vould have tio further opportunity for promotion, even. within the post office in which he is Our organization has historically opposed any type of employed. discrimination or restrictions on postal employes, as far as promotional opportunities are concerned that could Therefore, such an employe would be required to uproot even remotely result from any color, creed, or national his family from the community in which he lived, and origin, or other type of discrimination. It is our belief would prefer to live in if he had a choice. H would be that the present supervisor promotional system protects necessary for him and his family to leave a community all postal employes against any discrimination for super- where religious, educational, fraternal, and many other visor appointments within their respective post offices, on family considerations would have to be ignored if be were the basis of color, creed or national origin. Particularly, to accept a promotion in a post office away from his life. we believe that any change. in the present promotional long community residence. system could result in other factors being considered in In conclusion, we would like to make It crystal clear making supervisor appointments. that the United Federation of Postal Clerks opposes the It is entirely possible, for example, that politics could Career Development Plan or the to-catton) Seattle Project" become an important basis or criteria for promotions, on regardless of whether initial supervisor postitions. or other the basis that an eligible employe could be transferred to higher lovel supervisor positions or involved For TRAIN another post office and promoted to a higher level, sim- (Continued on page 221 Nixon Personnel Policies tributions to the retirement system. By the same token the government must uphold its obligations to the employe. (Continued from page 3) Throughout the years employe organizations accepted without question the law which forbids to government that data be complied quickly with the aid of employe employes the right to strike. For the first time in history groups and the recommendations be forthcoming within during the past two years. employe groups have become a specific limited period of time, Such procedures are restive and have begun to argue for the repeat of this necessary If meaningful comparability is to be achieved. legislation. Obviously something is wrong with employe I further believe that procedures should be Instituted morale in the Federal Government and new leadership providing for third-party involvement, providing there to h necessary if motual confidence is to be restored - mutual agreement, fm order to Insure successful resulu- tween management and employe. tion of employe/management differences. In this vein, I believe that the most fundamental required A major effort must be made to encourage more career ment for a new Administration is to re-establish a senso incentives in the Federal Service. The problem in the of pride in public service and to restore the dignity of a postal service is particularly critical. A minute percentage Federal worker. With the dramtic growth of Federal of postal workers who pass the examinations for super- agencies in recent years, there has been a tendency for the visor are actually promoted. More opportunities must be individual to be "swallowed up" in the vastness of the available to come up "through the ranks." institution. This leads to downgrading the requirements Finally, I intend to direct the appropriate officials of the for initiative dedication, and personal involvement in the Administration to examine the comparabiliy of all functions of the agency or department. Service to one's areas of fringe benefits including Federal employe retire. country, whether in military or in the Federal civilien ment benefits, particularly with Social Security and railroad establishment, must receive the respect which it deserves. retirement programs. At present, of approximately 800,000 Federal employee are competent. hard-working, dedicated, retired Federal employes and survivors approximately % and unselfish. They deserve, and will receive that kind of are receiving annuities of less than $200 a month. The respect in my Administration. retirement system must be on a sound financial basis. Pro- EDITORS NOTE: Certain parts of President-Elect Nixon's visions should be made whereby the individual Federal em- statement of particular interest in - workbership have ploye can make meaningful Increases in his or her con- been emphasized by the use of heavier type. 6 The Union Postal Clerk FEDERAL TIMES MAY 14, 1969 Unless Costs Are Cut S ly 23 Rep. Olsen Predicts Defeat Of Postal Rate Increase Plea ay 9 WASHINGTON-Rep. Arnold Olsen, chairman of the House subcommittee on postal rates, has predicted defeat of the Nixon Administration's request for a postal rate in- crease, unless something is done to curb "spiraling costs" within the Post Office Depart- ment. Olsen said he has advised the President and the Postmaster Gen- eral that many in Congress believe the new rate-hike proposal should be preceded by a "thorough review of postal organization and an in- tensive cost ascertainment study." The Montana Democrat said he would begin hearings shortly on the department's cost ascertain- ment system. "One of our objectives will be the setting of a target date for in- stituting an incremental (out of ents pocket) cost system' which would sw, permit. the department to make better rate and management de- cisions," he said. Olsen said he believes a study of the postal cost ascertainment system would reveal that some categories of mail are already pay- ing their fair share while others are not. If it is shown that first class mail pays its own way now, he said, then the administration's request for a penny increase in this cate- gory "would amount to nothing more than an added tax of $557.2 million on those using first class." Olsen called on the administra- tion to make a thorough study of the postal establishment "to prove or disprove the need for higher postal rates." In addition to increasing letter mail from 6 to 7 cents, as proposed by the Johnson Administration, President Nixon is also asking Mr. Lincoln's Log Cabin Congress to increase second and third-class mail. BILL CARNAHAN, supply employe at Hill Air Force Base, Utah, For bulk third-class mail and displays a log cabin he built from 15,000 pennies he saved. in most magazines and newspapers, case your interest runs along these lines, the cabin weighs 100 the rates would he increased 16 pounds. percent to 20 percent above today's levels. These percentages include rate hikes already scheduled by Airmall postage would remain at the previous administration's previous action of Congress. The 10 cents. This would yield $557.2 proposal to merge airmail with million in new revenues. one-cent increase proposed for first-class mail because airmail first-class letters represents a 16.7 Second-class mail: A handling is guaranteed airplane space charge of three-tenths of a cent a while letter mail is airlifted per cent rise. Nixon's recommended increases piece for circulation outside home when space is available. will reduce the record $1.2 billion counties, would become affective "We are not yet satisfied that 1970 postal deficit by more than July 1, 1970. This would yield $15.3 the service needs of the public can $600 million. million annually and would repre- be met with one, consolidated class sent a 12 per cent increase in ad- of letter mail. $ HERE is a summary of the Pres- dition to the 8 per cent rise sched- ident's postal rate recommenda- uled to take effect Jan. 1, 1970. "While we have no choice but to Third-class mail: For single seek rate increases this year, I tions: want to make it clear that we are First-class mail: Letters and post pieces, rates would be increased determined to break this cycle of cards would be increased one cent, one cent a piece. This would yield growing deficits and frequent to 7 cents an ounce and 6 cents a $12.4 million. For regular bulk- postage increases. piece respectively, on July 1, 1969. third class, the minimum would be increased to a uniform rate of 4.2 "Rising wage costs, which ac- cents Jan. 1, 1970, as contrasted count for about 80 per cent of all le 1 with the present rate of 3.6 cents. postal costs, plus lagging mechan- The 1970 increase would lift reve- ization and archaic management nues by $46.8 million annually, methods, are the underlying rea- Special Services: Winton Blount, sons for the all too frequent rate postmaster general, also has an- increases in recent years," the postmaster general said. nounced that he will, under his ad- ministrative authority, propose fee increases in special postal services Federal Times which will yield about $20 million annually. These include: special Published every Wednesday by Army delivery, registered mail, C.O.D. Times Publishing Co., 475 School St., and return receipts. The detailed S.W., Washington, D.C. 20024. Washington office telephone number 554-7100. This fee proposals for these special paper Is not an official publication of the U.S. Government. services will be published in the Subscription by mall is $8.50 a year. Federal Register. Send subscription orders to the above address. Blount said he did not endorse Second class postage paid at Washing- ton, D.C., and at additional mailing offices. Addresses of Overseas advertising of- Galbraith Tapped fices: Frankfurt, Germany Theodor-Heuss-Allee 90-98 For Indonesia London, England Piccadilly House 33 Regent Street WASHINGTON-President Nix- London SW Tel: REG 5651, 5652 on has announced he will nomi- Paris, France nate Francis Joseph Galbraith, a Rue de Castiglione Rome, Italy Exalted Ruler career Foreign Service officer, to Via L. Bissolati 76 be Ambassador to Indonesia. Tokyo, Japan Central P.O. Box 684 ROBERT M. GARDNER, man- If confirmed by the Senate, Gal- CHANGE OF ADDRESS g agement analyst for the De- braith will succeed Marshall Please use form for change of address In Classified Ad Section near. back of fense Contract Administration Green, who has been named as- paper. It will speed your change of 1e 1 Services Region, Los Angeles, sistant secretary of state for East address. Asian and Pacific affairs. SUBSCRIBER SERVICE DEPARTMENT has been elected exalted ruler Inquiries regarding failure to receive Galbraith has been ambassador subscription copies of your Federal Timee of the Pasadena Elks Lodge No. should be addressed to: Subscriber Serv. to Singapore since 1966. Prior to Ice Department at our Washington office. 672. The 60-year-old lodge has that, he was deputy chief of the If possible attach address label from 0 more than 2,000 members. recent Issue of the paper. mission in Indonesia. Public Law 90-206 federal 90th Congress, H. R. 7977 December 16, 1967 An Act To adjust certain postage rates, to adjust the rates of basic compensation for certain officers and employees in the Federal Government, and to regulate the mailing of pandering advertisements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be Postal Revenue cited as the "Postal Revenue and Federal Salary Act of 1967". and Federal Sal- ary Act of 1967. TITLE I-POSTAL RATES FIRST-CLASS MAIL SEC. 101. (a) Sections 4252 and 4253 of title 39, United States Code, 74 Stat. 664. are amended to read as follows: "§ 4252. Size and weight limits "The maximum size of first-class mail is one hundred inches in length and girth combined and the maximum weight is seventy pounds. "§ 4253. Postage rates on first-class mail "(a) Postage on first-class mail is computed separately on each letter or piece of mail. Except as otherwise provided in this section, the rate of postage on first-class mail weighing thirteen ounces or less is 6 cents for each ounce or fraction of an ounce. (b) First-class mail weighing more than thirteen ounces shall be mailed at the rates of postage established by section 4303 (d) of this title and shall be entitled to the most expeditious handling and trans- Post, P. 614. portation practicable. "(c) The rate of postage for each single postal card and for each portion of a double postal card, including the cost of manufacture, and for each post card and the initial portion of each double post card conforming to section 4251 (c) of this title is 5 cents. 74 Stat. 663. "(d) The rate of postage on business reply mail is the regular rate prescribed in this section, together with an additional charge thereon 81 STAT. 613 of 2 cents for each piece weighing two ounces or less and 5 cents for 81 STAT. 614 each piece weighing more than two ounces. The postage and charge shall be collected on delivery.". (b) Section 4251 (a) of title 39, United States Code, is amended by striking out "and (4)" and inserting in lieu thereof (4) bills and statements of account, and (5)". (c) Subsection (d) of section 4251 of title 39, United States Code, relating to the definition of drop letters, is repealed. (d) The table of contents of chapter 59 of title 39, United States Code, is amended by striking out- "4252. Weight limit." and inserting in lieu thereof- "4252. Size and weight limits.". AIRMAIL SEC. 102. (a) Subsections (a) and (b) of section 4303 of title 39, United States Code, are amended to read as follows: 74 Stat. 665, "(a) Except as provided in section 4304 of this title and subsection (b) of this section, the rate of postage on domestic airmail weighing not more than 7 ounces is 10 cents for each ounce or fraction thereof. "(b) The rate of postage on each postal card and post card sent as domestic airmail is 8 cents.". 98-081 Pub. Law 90-206 - 2 - December 16, 1967 December 16, 1967 - 3 - Pub. Law 90-206 81 STAT. 616 74 Stat. 665. (b) Subsection (d) of section 4303 of title 39, United States Code, is amended- "(a) Except as provided in subsection (b), the rate of postage on (1) by striking out paragraph (1) and inserting in lieu thereof publications admitted as second-class mail when addressed for delivery the following: within the county in which they are published and entered is as follows: "(1) The rates of postage on air parcel post are based on the eight ''In cents] zones described in section 4553, or prescribed pursuant to section 4558, 74 Stat. 674 of this title in accordance with the following tables: "Mailed during Mailed during Mailed after 80 State 818, calendar year 1968 calendar year 1969 Dec. 31, 1969 816. "Zones Rate per pound 1.3 1.4 1.5 Minimum charge per piece .2 .2 .2."; Local 1, 2, 4 5 6 7 8 and 3 Not over lb (2) by adding at the end thereof the following: $0.80 $0.80 $0.80 $0.80 $0.80 $0.80 Over lb. but not over 13/2 lbs .98 1.02 1.07 1.14 1.18 1.24 (d) (1) Except as provided in paragraph (2), the rates of póstage Over 1½ lbs. but not over 2 lbs 1.16 1.23 1.34 1.47 1.55 1.68 Over 2 lbs. but not over 2½ lbs 1.40 1.48 1.62 1.79 1.91 2.08 on publications mailed in accordance with section 4359 (a) of this title, 74 Stat. 669. Over 2½ lbs. but not over 3 lbs 1.64 1.73 1.90 2.11 2.27 2.48 Over 3 lbs. but not over 3½ lbs 1.88 1.98 of qualified nonprofit organizations, are as follows: 2.18 2.43 2.63 2.88 Over 3½ lbs. but not over 4 lbs 2.12 2.23 2.46 2.75 2.99 3.28 Over 4 lbs. but not over 43/2 lbs 2.36 2.48 2.74 3.07 3.35 3.68 "Iln cents] Over 41/2 lbs. but not over 5 lbs 2.60 2.73 3.02 3.39 3.71 4.08 81 STAT. 614 During "During During During During During calendar 81 STAT. 615 For each pound or fraction of a pound in excess of five pounds in calendar calendar calendar calendar calendar year 1973 weight, the additional postage is as follows: year 1968 year 1969 year 1970 year 1971 year 1972 and there- after "Zones Rate Rate per pound: Advertising portion: Zones and 2. 2.35 2.9 3.45 4.0 4.55 5.1 Local and zones 1, 2, and 3 $0.48 Zone 3 2.55 3.3 4.05- 4.8 5.55 6.3 Zone 4 .50 Zone 4 2.95 4.1 5.25 6.4 7.55 8.7 Zone .56 Zone 5. 3.35 4.9 6.45 8.0 9.55 11.1 Zone 6 Zone 6 3.5 5.2 .64 6.9 8.6 10.3 12.0 Zone .72 Zone 7 3.5 5.2 6.9 8.6 10.3 12.0 Zone 8 Zone 8 3.5 5.2 6.9 8.6 80."; 10.3 12.0 Nonadvertising portion 1.9 2.0 2.1 2.1 2.1 2.1 Minimum charge per piece .13 .15 .2 .2 .2 .2 76 Stat. 832. (2) by deleting paragraph (2) and (3) by striking out in paragraph (5), subparagraphs (B) and "(2) The postage on an issue of a publication referred to in para- 80 Stat. 1154. (C) and inserting in lieu thereof the following: graph (1), the advertising portion of which does not exceed 10 per (B) second-class publications published once each week or centum of such issue, shall be computed without regard to the rates more frequently and featuring principally current news of in- applicable to the advertising portion prescribed in such paragraph. terest to members of the Armed Forces and the general public (e) The postage on classroom publications, mailed in accordance which are mailed at or addressed to any such Armed Forces post with section 4359 (a) of this title, is 60 per centum of the postage com- office (i) in an overseas area designated by the President under puted in accordance with section 4359(b) of this title. Post, P. 617. 79 Stat. 1163, section 4169 of this title or (ii) in an isolated, hardship or combat (f) The postage shall be 4.2 cents per pound on the advertising support area overseas, or where adequate surface transportation portion of publications (1) which are mailed for delivery in zones 1 is not available; and and 2 in accordance with section 4359 of this title, (2) which are de- "(C) parcels of any class of mail exceeding five pounds but not voted to promoting the science of agriculture, and (3) when the total exceeding seventy pounds in weight and not exceeding one number of copies of the publications furnished during any twelve- hundred inches in length and girth combined, including surface- month period to subscribers residing in rural areas consists of at least type official mail, which are mailed at or addressed to any such 70 per centum of the total number of copies distributed by any means Armed Forces post office where adequate surface transportation is for any purpose. not available.". "(g) In lieu of the minimum charge per piece prescribed by sec- 80 State 1155, (c) Section 4303(f) of title 39, United States Code, is amended by tion 4359 of this title, the minimum charge per piece for publica- striking out "the Virgin Islands or the Canal Zone" wherever appear- tions (other than publications to which subsections (d) and (e) of ing therein and inserting in lieu thereof "or the Virgin Islands". this section are applicable), when fewer than five thousand copies are 74 Stat. 664, (d) Section 4301(2) of title 39, United States Code, is amended by mailed outside the county of publication, is 0.6 cent per piece when striking out the word "eight" and inserting in lieu thereof the figure mailed during the calendar year 1968, 0.7 cent per piece when mailed "7". during the calendar year 1969, and 0.8 cent per piece when mailed SECOND-CLASS MAIL PREFERRED RATES thereafter. '(h) The publisher of a classroom publication, of a publication 76 Stat. 832. SEC. 103. (a) Section 4358 of title 39, United States Code, is referred to in subsection (f) of this section, or of a publication of a amended- nonprofit organization, before being entitled to the rates for the publi- (1) by striking out subsection (a) and inserting in lieu thereof cations, shall furnish such proof of qualifications as the Postmaster the following: General prescribes. LIBRARY Pub. Law 90-206 - 4 - December 16, 1967 December 16, 1967 - 5 - Pub. Law 90-206 81 STAT. 617 81 STAT. 618 "(i) For the purposes of the application of this section with respect (c) For the purpose of this section and section 4358 of this title, the 74 Stat. 668; to each publication having original entry at an independent incorpo- portion of a publication devoted to advertisements shall include all Ante, P. 615. rated city, an incorporated city which is situated entirely within a advertisements inserted in the publication and attached permanently county, or which is situated contiguous to one or more counties in the thereto. same State, but which is politically independent of such county or "(d) (1) Publications mailed in accordance with subsection (a), counties, shall be considered to be within and a part of the county with upon request by the publisher or news agent, may be transported by which it is principally contiguous. air on a space-available basis, on scheduled United States air carriers Definitions. "(j) As used in this section- at rates fixed and determined by the Civil Aeronautics Board in accord- "(1) 'classroom publication' means a religious, educational, or ance with section 406 of the Federal Aviation Act of 1958 (49 U.S.C. scientific publication entered as second-class mail and designed 1376). The Postmaster General may authorize the transportation of 72 Stat. 763. specifically for use in classrooms or in religious instruction classes; publications by air pursuant to this subsection only when such trans- (2) 'a publication of a qualified nonprofit organization' means portation does not impede the transportation of airmail, air parcel a publication published by and in the interest of one of the fol- post, or air transportation of first-class mail on a space-available basis. lowing types of organizations or associations if it is not organized (2) The Postmaster General shall prescribe from time to time for profit and none of its net income inures to the benefit of any charges to be collected for matter transported by air pursuant to this private stockholder or individual: Religious, educational, scien- section. The charges— tific, philanthropic, agricultural, labor, veterans', fraternal, and "(A) shall be in addition to the payment of lawfully required associations of rural electric cooperatives, program announce- postage; ments or guides published by an educational radio or television "(B) may not be adjusted more frequently than once every two agency of a State or political subdivision thereof or by a nonprofit years; and educational radio or television station, and not to exceed one pub- "(C) when prescribed or adjusted, shall equal, as nearly as lication published by the official highway or development agency practicable, the amount by which the allocated cost. incurred by 74 Stat, 666. of a State which meets all of the requirements of section 4354 and the Department for the delivery of such matter by air is in excess which contains no advertising; of the allocated cost which would have been incurred by the "(3) 'zones' means the eight zones described in section 4553, Department had such matter been delivered by surface transporta- 74 State 674. or prescribed pursuant to section 4558, of this title."; and 80 Stat. 818, tion, but the total of such charges and the lawfully. required post- (3) by amending the section heading to read as follows: 816. age shall not be less than 4 cents per piece. "§ 4358. Rates of postage; preferred". '(e) As used in this section the term 'zones' means the eight zones "Zones." (b) The table of contents of chapter 63 of title 39, United States described in section 4553, or prescribed pursuant to section 4558, of 74 Stat. 674. Code, is amended by striking out- this title."; and 80 Stat. 816, "4358. Postage rates within county of publication." (2) by .amending the section heading to read as follows: and inserting in lieu thereof- "§ 4359. Rates of postage; regular". 74 State 669. "4358. Rates of postage; preferred.". (b) The table of contents of chapter 63 of title 39, United States Code, is amended by striking out- SECOND-CLASS MAIL REGULAR RATES "4359. Postage rates beyond county of publication." 74 Stat. 669, SEC. 104. (a) Section 4359 of title 39, United States Code, is and inserting in lieu thereof- amended- "4359. Rates of postage; regular.". (1) by striking out subsections (b), (c), (d), and (e) and (c) Subsection (b) of section 4365 of title 39, United States Code, is 74 Stat. 670. inserting in lieu thereof the following: amended by striking out "bills,". (b) Except as otherwise provided in this section and section (d) Section 4369 (a) (4) of title 39, United States Code, is amended 76 State 1144. 4358 of this title, the rates of postage on publications mailed in by striking out ": Provided, however, That trade publications serv- accordance with subsection (a) are as follows: ing the performing arts need only to furnish such information to the Postmaster General". "IIn cents] "Mailed during Mailed during Mailed after SECOND-CLASS TRANSIENT MAIL calendar year 1968 calendar year 1969 Dec. 31, 1969 SEC. 105. Section 4362 of title 39, United States Code, is amended 74 Stat. 670. Rate por pound: by striking out "four cents" and inserting in lieu thereof "5 cents". Advertising portion: Zones 1 and 2 4.6 4.9 5.2 Zono 3 5.7 6.0 6.4 Zono 4 7.8 8.3 8.8 CONTROLLED CIRCULATION PUBLICATIONS Zono 5 9.9 10.5 11.1 Zono 6 12.0 12.8 13.6 Zone 7 12.8 13.7 14.5 SEC. 106. Section 4422 of title 39, United States Code, is amended 74 State 672. Zone 8 15.0 16.0 17.0 to read as follows: Nonadvertising portion 3.0 3.2 3.4 Minimum charge per piece. 1.1 1.2 1.3. "§ 4422. Rates of postage "The rates of postage on controlled circulation publications found by the Postmaster General to meet the definition contained in section Pub. Law 90-206 - 6 - December 16, 1967 December 16, 1967 - 7 - Pub. Law 90-206 81 STAT. 619 81 STAT. 620 74 Stat. 672. 4421 of this title when mailed in the manner prescribed by the Post- reading matter with incidental blank spaces for notations, and master General are as follows: containing no advertising matter other than incidental announce- ments of books; "Dn cents] "(2) 16-millimeter or narrower width films, and catalogs of such films, except when sent to or from commercial theaters;"; "Mailed during Mailed during Mailed after calendar year 1968 calendar year 1969 Dec. 31, 1969 (2) by striking out in subsection (b) (1) "4 cents for the first 76 Stat. 445, pound or fraction thereof and 1 cent for each additional pound Rate per pound 14.0 14.5 15.0 or fraction thereof" and inserting in lieu thereof "5 cents for the Minimum charge per piece. 1.9 2.9 3.8". first pound or fraction thereof and 2 cents for each additional pound or fraction thereof"; THIRD-CLASS MAIL (3) by inserting in subsection (b) (1) (B) "museums and herbaria," immediately following "public libraries,"; SEC. 107. (a) Subsections (a) and (b) of section 4452 of title 39, (4) in subsection (b) (2) by striking out "and" at the end of 76 Stat. 834. United States Code, are amended to read as follows: clause (E); by striking out the period at the end of clause (F) (a) Except as otherwise provided in this section, the postage rates and inserting in lieu thereof "; and"; and by adding at the end of third-class mail are as follows: of such subsection the following new clause: "(G) museum materials, specimens, collections, teaching aids, Rates printed matter, and interpretative materials intended to in- form and to further the education work and interests of "Type of mailing Mailed Mailed Unit during cal- after museums and herbaria."; endar year June 30, (5) by inserting in subsection (c) "or narrower width" im- 1968 1969 mediately following "16-millimeter", and "museum materials, Cents Cents specimens, collections, teaching aids, printed matter, and in- (1) Individual place 6.0 6.0 First 2 ounces or fraction thereof. 2.0 2.0 Each additional ounce or fraction thereof. terpretative materials intended to inform and to further the (2) Bulk mailings under subsection (a) of this sec- educational work and interests of museums and herbaria," tion of- (A) Books and catalogs of 24 pages or 16.0 16.0 Each pound or fraction thereof. immediately following "sound recordings,"; and more, seeds, cuttings, bulbs, roots, (6) by amending subsection (e) to read as follows: scions, and plants. (B) Other matter 22.0 22.0 Do. "(e) Articles may be mailed under this section in quantities of (c) Minimum charge of 3.6 4.0 Per piece. one thousand or more in a single mailing, as defined by the Post- master General, only in the manner directed by him.". After June 30, 1969, in lieu of the minimum charge per piece (b) Subparagraph (6) of section 4554(a) of title 39, United specified in the foregoing table, a person who mails for himself, or States Code, is amended by inserting "playscripts and" immediately on whose behalf there is a mailing, under subsection (e) of this sec- following "(6)". tion, shall pay a minimum charge per piece of 3.8 cents on the first (c) The section heading of section 4554 of title 39, United States 250,000 pieces mailed during a year. For such purpose, the number Code, is amended to read— 74 Stat. 675. of pieces mailed during a year shall be the aggregate of the pieces "§ 4554. Books, films, and other materials; preferred rates". mailed under item (2) (A), (B), and (C) of the above table. (b) Matter mailed in bulk under subsection (e) by qualified non- (d) The table of contents of chapter 67 of title 39, United States profit organizations is subject to a minimum charge for each piece Code, is amended by striking out- equal to 40 per centum of the minimum charge per piece provided "4554. Postage rates on books and films." in the table under subsection (a), rounded off to the nearest one-tenth and inserting in lieu thereof- cent.". (b) Subsection (b) of section 4451 of title 39, United States Code, "4554. Books, films, and other materials; preferred rates.". Repeal. 74 Stat. 672. relating to mailing certain bills and statements of account as third- KEYS AND OTHER SMALL ARTICLES class mail, is repealed. SEC. 109. Subsection (b) of section 4651 of title 39, United States SPECIAL RATE FOURTH-CLASS MAIL Code, is amended by striking out "6 cents for each two ounces or 74 Stat. 676. fraction thereof" and inserting in lieu thereof "14 cents for the 76 State 445. SEC. 108. (a) Section 4554 of title 39, United States Code, is first two ounces or fraction thereof, and 7 cents for each additional amended- two ounces or fraction thereof,". (1) by amending so much of subsection (a) as precedes sub- paragraph (3) thereof to read as follows: SPECIAL HANDLING SERVICE (a) Except as provided in subsection (b) of this section, the post- age rate is 12 cents for the first pound or fraction thereof and 6 cents SEC. 110. Section 6008 of title 39, United States Code, is amended 74 Stat. 687, for each additional pound or fraction thereof, except that the rate to read as follows: now or hereafter prescribed for third- or fourth-class matter shall apply in every case where such rate is lower than the rate prescribed "§ 6008. Special handling in this subsection on- "Upon payment of a special handling fee, third-class mail and "(1) books, including books issued to supplement other books, fourth-class mail are entitled to the most expeditious handling and consisting wholly of reading matter or scholarly bibliography or transportation practicable, but such mail is not required to receive the same handling and transportation as airmail.". December 16, 1967 - 9 - Pub. Law 90-206 Pub. Law 90-206 - 8 - December 16, 1967 81 STAT. 622 81 STAT, 621 "(5) Braille writers, typewriters, educational or other mate- SEPARATION BY MAILER OF SECOND-CLASS MAIL rials or devices, or parts thereof, used for writing by, or specifi- 74 Stat. 670. SEC. 111. Section 4363 of title 39, United States Code, is amended cally designed or adapted for use of, a blind person or a person to read as follows: having a physical impairment as described in subsection (a) (1) of this section. "§ 4363. Separation by mailer of second-class mail "The Postmaster General may require publishers and news agents to "§ 4654. Unsealed letters sent by blind or physically handicapped separate, make up, and address second-class matter in such manner persons as he directs in accordance with a 5-digit ZIP code system.". "Unsealed letters sent by a blind person or a person having a phys- ical impairment, as described in section 4653(a) (1) of this title, in Ante, P. 621. PRINTING ON SECOND-CLASS COVERS raised characters or sightsaving type, or in the form of sound record- ings, may be mailed free of postage. SEC. 112. Section 4365 of title 39, United States Code, is amended by "§ 4655. Markings adding a new subsection to read as follows: "All matter relating to blind or other handicapped persons mailed (d) In addition to other matter authorized by this section to be con- under section 4653, or section 4654, of this title, shall bear the words tained, enclosed, or inserted in second-class mail, there may be included, 'Free Matter for the Blind or Handicapped', or words to that effect in accordance with uniform regulations which the Postmaster General shall prescribe, on the envelopes, wrappers, and other covers in which specified by the Postmaster General, in the upper right-hand corner of the address area.". copies of publications are mailed, messages and notices of a civic or public-service nature, if no charge is made for the inclusion of such (b) The table of contents of chapter 69 of title 39, United States messages and notices on such envelopes, wrappers, and covers.". Code, is amended by striking out- 74 State 676. "4653. Publications for the blind. ADDITIONAL ENTRY POINTS "4654. Reproducers and sound reproduction records for the blind." and inserting in lieu thereof- Ante, Pe 615. SEC. 113. Section 4358 of title 39, United States Code, is amended "4653. Matter for blind and other handicapped persons. by adding at the end thereof a new subsection to read as follows: "4654. Unsealed letters sent by blind or physically handicapped persons. (k) The rates of postage prescribed by subsections (a) and (b) "4655. Markings.". of this section shall apply only to mailings within the county in which (c) Section 4451(d) of title 39, United States Code, is repealed. Repeal. the publications have original entry.". 74 State 672. PERMISSIBLE ENCLOSURES FOR FOURTH-CLASS MAIL MAIL MATTER FOR BLIND AND OTHER HANDICAPPED PERSONS SEC. 115. Section 4555(a) of title 39, United States Code, is 76 Stat. 102. 76 Stat. 837. SEC. 114. (a) Chapter 69 of title 39, United States Code, is amended amended— by striking out sections 4653 and 4654 thereof and inserting in lieu (1) by striking out "and" at the end of clause (9) thereof the following: (2) by striking out the period at the end of clause (10) and "§ 4653. Matter for blind and other handicapped persons inserting in lieu thereof "; and"; and "(a) The matter described in subsection (b) (other than matter (3) by adding at the end thereof: mailed under section 4654 of this title) may be mailed free of postage, "(11) invoices, whether or not also serving as bills, if they if- relate solely to the matter with which they are mailed.". "(1) the matter is for the use of the blind or other persons who cannot use or read conventionally printed material because of REIMBURSEMENT OF THE POSTAL SERVICE OF THE CANAL ZONE a physical impairment who are certified by competent authority as unable to read normal reading material in accordance with SEC. 116. (a) Chapter 57 of title 39, United States Code, is amended 74 Stat. 659; by adding at the end thereof the following new section: 79 State 1163. the provisions of the first section of the Act of July 30, 1966 2 USC 135a, (Public Law 89-522; 80 Stat. 330); "§ 4170. Mailing privilege of members of United States Armed 135b, "(2) no charge, or rental, subscription, or other fee, is required Forces and of friendly foreign nations in the Canal for such matter or a charge, or rental, subscription, or other fee is Zone required for such matter not in excess of the cost thereof: "(a) For the purposes of sections 4169(a), 4303(d) (5), and 4560 of (3) the matter may be opened by the Postmaster General this title, each post office in the Canal Zone postal service, to the extent 79 State 1163; for inspection; that it provides mail service for members of the United States Armed Ante, Pe 615. "(4) the matter contains no advertising; and Forces and of friendly foreign nations, shall be considered to be an Post, P. 623. "(5) the matter is mailed subject to size and weight limitations Armed Forces post office established under section 705(d) of this prescribed by the Postmaster General. title. 77 Stat. 462. (b) The free mailing privilege provided by subsection (a) is "(b) The Department of Defense shall reimburse the postal service extended to-- of the Canal Zone, out of any appropriations or funds available to the "(1) reading matter and musical scores; Department of Defense, as a necessary expense of the appropriations "(2) sound reproductions; "(3) paper, records, tapes, and other material for the production of reading matter, musical scores, or sound reproductions; "(4) reproducers or parts thereof, for sound reproductions; and 98-081 69 2 Pub. Law 90-206 - 10 - December 16, 1967 December 16, 1967 - 11 - Pub. Law 90-206 81 STAT. 623 81 STAT. 624 or funds and of the activities concerned, the equivalent amount of ment of account due. You are not under obligation to make postage due, and sums equal to the expenses incurred by, the postal any payments on account of this offer unless you accept this service of the Canal Zone, as determined by the Governor of the Canal offer.'; or Zone, for matter sent in the mails, and in providing air transportation "(B) in lieu thereof, a notice to the same effect in words of mail, under such sections.". which the Postmaster General may prescribe.". (b) The table of contents of chapter 57 of title 39, United States (b) The amendment made by this section shall become effective 74 Stat. 659. Code, is amended by adding- with respect to matter mailed on or after the ninetieth day following "4170. Mailing privilege of members of United States Armed Forces and of the effective date of this section. friendly foreign nations in the Canal Zone." immediately below- EFFECTIVE DATE "4169. Mailing privilege of members of United States Armed Forces and of friendly foreign nations.". SEC. 119. This title shall become effective on January 7, 1968. PARCEL AIRLIFT CONFORMING AMENDMENTS 74 Stat. 673; SEC. 117. (a) Chapter 67 of title 39, United States Code, is amended SEC. 120. (a) (1) Subparagraph (A) of section 2303(a) (1) of title Repeal. 80 Stat. 815. by adding at the end thereof the following new section: 39, United States Code, is repealed. 76 State 836. (2) Subparagraph (D) of such section is amended to read as 74 Stat. 600. "§ 4560. Air transportation of parcels mailed at or addressed to follows: Armed Forces post offices "(D) free postage on reading matter and other articles for the "Any parcel, other than a parcel mailed airmail or as air parcel blind and other handicapped persons as provided by sections 4653 post, not exceeding thirty pounds in weight and sixty inches in length and 4654 of this title;". Ante, pp. 621, and girth combined, which is mailed at or addressed to any Armed (3) Subparagraph (I) is amended by striking out "educational". 622. 77 State 462. Forces post office established under section 705(d) of this title shall (b) Section 4552 of such title is amended- 74 Stat. 601. be transported by air on a space available basis, on scheduled United (1) by inserting "and" after the semicolon at the end of para- 74 Stat. 674. States air carriers at rates fixed and determined by the Civil Aero- graph (4); nautics Board in accordance with section 406 of the Federal Aviation (2) by striking out "; and" at the end of paragraph (5) and 72 State 763, Act of 1958 (49 U.S.C. 1376), upon payment, in addition to the regular inserting in lieu thereof a period; and surface rate of postage, of a special fee to be prescribed by the Post- (3) by striking out paragraph (6). master General for such transportation by air. Whenever adequate service by scheduled United States air carriers is not available to pro- EDUCATIONAL TELEVISION vide transportation of mail matter by air in accordance with the fore- going provisions of this section, the transportation of such mail matter SEC. 121. Section 4355 (a) of title 39, United States Code, is amended 74 Stat. 667; may be authorized by aircraft other than scheduled United States by striking out the period at the end of item (10) and inserting in lieu 76 Stat, 837. air carriers.". thereof a semicolon and the word "or", and by adding after item (10) (b) The table of contents of such chapter 67 is amended by inserting the following new item: at the end thereof- (11) program announcements or guides published by an edu- cational radio or television agency of a State or political subdi- "4560. Air transportation of parcels mailed at or addressed to Armed Forces post offices.". vision thereof or by a nonprofit educational radio or television station.". SOLICITATIONS IN GUISE OF BILLS OR STATEMENTS OF ACCOUNT UNDELIVERED FIRST CLASS MAIL 74 State 654, SEC. 118. (a) Section 4001 of title 39, United States Code, relating SEC. 122. Subsection (a) of section 4106 of title 39, United States to nonmailable matter, is amended by adding at the end thereof the Code, is amended to read as follows: 74 Stat. 658. following new subsection: "(a) The Postmaster General shall notify the sender or addressee "(c) Matter otherwise legally acceptable in the mails which- upon request by the sender or addressee, when mail is undelivered as "(1) is in the form of, and reasonably could be interpreted or addressed, of the reason for the nondelivery, and in the case of the construed as, a bill, invoice, or statement of account due; but notice to the sender, the new address of the addressee if known. The "(2) constitutes, in fact, a solicitation for the order by the ad- Postmaster General shall prescribe a uniform charge to be collected dressee of goods or services, or both; for the service performed pursuant to this subsection." is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postmaster General directs, unless TITLE II-FEDERAL SALARY INCREASES such matter bears on its face, in conspicuous and legible type in SHORT TITLE contrast by typography, layout, or color with other printing on its face, in accordance with regulations which the Postmaster SEC. 201. This title may be cited as the "Federal Salary Act of Federal Salary General shall prescribe- 1967". Act of 1967. "(A) the following notice: 'This is a solicitation for the EMPLOYEES SUBJECT TO THE GENERAL SCHEDULE order of goods and/or services and not a bill, invoice, or state- SEC. 202. (a) The General Schedule contained in section 5332(a) of title 5, United States Code, is amended to read as follows: Ante, P. 199. Pub. Law 90-206 - 12 - December 16, 1967 December 16, 1967 - 13 - Pub. Law 90-206 81 STAT. 625 81 STAT. 626 "GENERAL SCHEDULE date of enactment of this title, was promoted from one grade Annual rates and steps under the General Schedule contained in section 5332 (a) of title 5, "Grade 1 2 3 4 5 6 7 8 9 10 United States Code, to another such grade at a rate which is above Ante, p. 199. the minimum rate thereof, his rate of basic pay shall be adjusted GS-1 $3,776 $3,902 $4,028 $4,154 $4,280 $4,406 $4,532 $4,658 $4,784 $4,910 retroactively from the effective date of this section to the date on GS-2 4,108 4,245 4,382 4,519 4,656 4,793 4,930 5,067 5,204 5,341 GS-3 4,466 4,615 4,764 4,913 5,062 5,211 5,360 5,509 5,658 5,807 which he was so-promoted, on the basis of the rate which he was GS-4 4,995 5,161 5,327 5,493 5,659 5,825 5,991 6,157 6,323 6,489 GS-5 5,565 5,751 5,937 6,123 6,309 6,495 6,681 6,867 7,053 7,239 receiving during the period from such effective date to the date of GS-6 6,137 6,342 6,547 6,752 6,957 7,162 7,367 7,572 7,777 7,982 such promotion and, from the date of such promotion, on the basis GS-7 6,734 6,959 7,184 7,409 7,634 7,859 8,084 8,309 8,534 8,759 GS-8 7,384 7,630 7,876 8,122 8,368 8,614 8,860 9,106 9,352 9,598 of the rate for that step of the appropriate grade of the General GS-9 8,054 8,323 8,592 8,861 9,130 9,399 9,668 9,937 10,206 10,475 GS-10 8,821 9,115 9,409 9,703 9,997 10,291 10,585 10,879 11,173 11,467 Schedule contained in the amendment made by subsection (a) of GS-11 9,657 9,979 10,301 10,623 10,945 11,267 11,589 11,911 12,233 12,555 this section which corresponds numerically to the step of the grade GS-12 11,461 11,843 12,225 12,607 12,989 13,371 13,753 14,135 14,517 14,899 GS-13 13,507 13,957 14,407 14,857 15,307 15,757 16,207 16,657 17,107 17,557 of the General Schedule to which such officer or employee was GS-14 15,841 16,369 16,897 17,425 17,953 18,481 19,009 19,537 20,065 20,593 GS-15 18,404 19,017 19,630 20,243 20,856 21,469 22,082 22,695 23,308 23,921 promoted as in effect (without regard to this title) at the time of GS-16 20,982 21,681 22,380 23,079 23,778 24,477 25,176 25,875 26,574 such promotion. GS-17 23,788 24,581 25,374 26,167 26,960 GS-18 27,055 (6) If the officer or employee, at any time during the period beginning on the effective date of this section and ending on the (b) Except as provided in section 5303 of title 5, United States Code, date of enactment of this title, became subject to the General 80 Stat, 458. the rates of basic pay of officers and employees to whom the General Schedule and his rate of basic pay was set above the minimum rate Schedule set forth in the amendment made by subsection (a) of of the grade on the basis of a previously earned rate above such this section applies shall be initially adjusted as of the effective date minimum rate, his rate of basic pay shall be adjusted retroactively of this section, as follows: to the date on which he became subject to the General Schedule on (1) If the officer or employee is receiving basic pay immedi- the basis of the rate of the appropriate grade of the General ately prior to the effective date of this section at one of the rates Schedule contained in this section which corresponds numerically of a grade in the General Schedule, he shall receive a rate of basic to the rate of the grade at which the pay of such officer or employee pay at the corresponding rate in effect on and after such date. was set at the time he became subject to the General Schedule. (2) If the officer or employee is receiving basic pay LIMITATION ON NUMBERS OF CERTAIN POSTAL POSITIONS immediately prior to the effective date of this section at a rate between two rates of a grade in the General Schedule, he shall SEC. 203. Section 3301 of title 39, United States Code, is amended by 76 Stat. 858. receive a rate of basic pay at the higher of the two corresponding striking out "salary levels 19 and 20" and inserting in lieu thereof rates in effect on and after such date. "salary levels 20 and 21". (3) If the officer or employee is receiving basic pay immediately prior to the effective date of this section at a rate CHANGES IN KEY POSITIONS IN POSTAL FIELD SERVICE in excess of the maximum rate for his grade, he shall receive (A) the maximum rate for his grade in the new schedule, or (B) his SEC. 204. (a) That part of chapter 45 of title 39, United States existing rate of basic pay increased by 4.5 per centum, rounded Code, under the heading "POSITIONS" is amended by striking out to the next highest dollar, if such existing rate as so increased section 3512 and inserting in lieu thereof the following new sections: 74 Stat. 616. is higher. (4) If the officer or employee, immediately prior to the effective "§ 3512. Positions in salary level 1 date of this section, is receiving, pursuant to section 2(b) (4) of "Cleaner. (KP-51) "(1) Basic function.-Performs a variety of light cleaning and 69 Stat. 173. the Federal Employees Salary Increase Act of 1955, an existing aggregate rate of pay determined under section (b) of the Act housekeeping tasks in connection with the custodial maintenance of a of September 1, 1954 (68 Stat. 1111), plus subsequent increases postal installation. authorized by law, he shall receive an aggregate rate of pay equal (2) Duties and responsibilities.- to the sum of his existing aggregate rate of pay on the day preced- (A) Sweeps, mops, dusts, washes, and otherwise performs ing the effective date of this section, plus the amount of increase light cleaning and housekeeping tasks to maintain offices, wash- made by this section in the maximum rate of his grade, until (i) he rooms, lobbies, corridors, stairways, and other areas of the build- leaves his position, or (ii) he is entitled to receive aggregate pay ing at in neat and orderly condition. at a higher rate by reason of the operation of this Act or any other (B) Performs such duties as dusting, waxing, and polishing provision of law; but, when such position becomes vacant, the office furniture, sweeping and mopping floors, vacuuming rugs, aggregate rate of pay of any subsequent appointee thereto shall be emptying wastebaskets and trash, washing interior window and fixed in accordance with applicable provisions of law. Subject to partition glass and fixtures which can be reached without use of clauses (i) and (ii) of the immediately preceding sentence of this ladders or scaffolding. subparagraph, the amount of the increase provided by this section shall be held and considered for the purposes of section 208(b) of 68 Stat. 1111. the Act of September 1, 1954, to constitute a part of the existing rate of pay of the employee. (5) If the officer or employee, at any time during the period beginning on the effective date of this section and ending on the Pub. Law 90-206 - 14 - December 16, 1967 December 16, 1967 - 15 - - Pub. Law 90-206 81 STAT. 627 81 STAT. 628 (3) Organizational relationships-Reports to a foreman or pensation shall be paid to all employees in accordance with such other designated supervisor. schedules. "§ 3512A. Positions in salary level 2 "POSTAL FIELD SERVICE SCHEDULE I "Custodian. (KP-1) "[To be effective for the period beginning on the first day of the first pay period beginning on or after October 1, 1967, and ending immediately before the effective date of Postal Field Service Schedule II set forth below] "(1) Basic function.-Performs manual laboring duties in con- nection with custody of an office or building. "PFS 1 2 3 4 5 6 7 8 9 10 11 12 "(2) Duties and responsibilities.- "(A) Performs any combination of the following duties: 1 $4,118 $4,255 $4,392 $4,529 $4,666 $4,803 $4,940 $5,077 $5,214 $5,351 $5,488 $5,625 2 4,460 4,607 4,754 4,901 5,048 5,195 5,342 5,489 5,636 5,783 5,930 "1. Moves furniture and equipment. 6,077 3 4,826 4,984 5,142 5,300 5,458 5,616 5,774 5,932 6,090 6,248 6,406 6,564 "2. Uncrates and assembles furniture and fixtures, using 4 5,215 5,391 5,567 5,743 5,919 6,095 6,271 6,447 6,623 6,799 6,975 7,151 5 5,651 5,838 6,025 6,212 6,399 6,586 6,773 6,960 7,147 7,334 7,521 7,708 bolts and screws for assembly. 6 6,044 6,246 6,448 6,650 6,852 7,054 7,256 7,458 7,660 7,862 8,064 8,266 6,482 6,697 6,912 7,127 7,342 7,557 7,772 7,987 8,202 8,417 8,632 "3. Loads and unloads supplies and equipment. 8,847 8 6,939 7,170 7,401 7,632 7,863 8,094 8,325 8,556 8,787 9,018 9,249 "4. Removes trash from work areas, lobbies, and 9 7,515 7,764 8,013 8,262 8,511 8,760 9,009 9,258 9,507 9,756 10 8,128 8,398 8,668 8,938 9,208 9,478 9,748 10,018 10,288 10,558 washrooms. 11 8,846 9,146 9,446 9,746 10,046 10,346 10,646 10,946 11,246 11,546 12 9,775 10,109 10,443 10,777 11,111 11,445 11,779 12,113 12,447 12,781 "5. Tends to lawns, shrubbery, and premises of the post 13 10,815 11,183 11,551 11,919 12,287 12,655 13,023 13,391 13,759 14,127 office and cleans ice and snow from the sidewalks and 14 11,951 12,364 12,777 13,190 13,603 14,016 14,429 14,842 15,255 15,668 15 13,173 13,631 14,089 14,547 15,005 15,463 15,921 16,379 16,837 17,295 driveways. 16 14,564 15,066 15,568 16,070 16,572 17,074 17,576 18,078 18,580 19,082 17 16,090 16,650 17,210 17,770 18,330 18,890 19,450 20,010 20,570 21,130 "6. Stacks supplies in storage rooms and on shelves, and 18 17,803 18,425 19,047 19,669 20,291 20,913 21,535 22,157 22,779 23,401 completes forms or records as required. 19 19,642 20,294 20,946 21,598 22,250 22,902 23,554 24,206 24,858 25,510 20 21,758 22,484 23,210 23,936 24,662 25,388 26,114 26,840 (B) May perform cleaning duties as assigned. 21 24,126 24,932 25,738 26,544 26,960 "(3) Organizational relationships.-Reports to a foreman or other designated supervisor.". "POSTAL FIELD SERVICE SCHEDULE II (b) Each salary level number in the headings of sections 3513 to "[To be effective on the first day of the first pay period beginning on or after July 1, 1968] 74 Stat. 616- 3531, inclusive, of title 39, United States Code, and each other nu- 644. merical reference to such salary level number in any other provision of "PFS 1 2 3 4 5 6 7 8 9 10 11 12 74 Stat. 614. such title (including the table of contents of chapter 45) which is 1 not otherwise increased by this title, is increased by 1. $4,324 $4,468 $4,612 $4,756 $4,900 $5,044 $5,188 $5,332 $5,476 $5,620 $5,764 $5,908 2 4,687 4,841 4,995 5,149 5,303 5,457 5,611 5,765 5,919 6,073 6,227 6,381 (c) Each employee in the postal field service on the date of enact- 3. 5,068 5,234 5,400 5,566 5,732 5,898 6,064 6,230 6,396 6,562 6,728 6,894 4. 5,476 5,661 5,846 6,031 6,216 6,401 6,586 6,771 6,956 7,141 7,326 7,511 ment of this title, whose position is placed in salary level 2 of the 5 5,938 6,134 6,330 6,526 6,722 6,918 7,114 7,310 7,506 7,702 7,898 8,094 6 6,348 Postal Field Service Schedule by reason of the enactment of this 6,560 6,772 6,984 7,196 7,408 7,620 7,832 8,044 8,256 8,468 8,680 7 6,807 7,033 7,259 7,485 7,711 7,937 8,163 8,389 8,615 8,841 9,067 9,293 Post, p. 630. section and section 205(e) (1) of this title, shall remain in salary 7,286 7,529 7,772 8,015 8,258 8,501 8,744 8,987 9,230 9,473 9,716 9 7,891 8,153 8,415 8,677 8,939 9,201 9,463 9,725 9,987 10,249 level 2 of such schedule so long as he remains in such position or oc- 10 8,535 8,819 9,103 9,387 9,671 9,955 10,239 10,523 10,807 11,091 11 9,289 9,604 9,919 10,234 10,549 10,864 11,179 11,494 11,809 12,124 cupies, without break in service of more than thirty days, a position 12 10,264 10,615 10,966 11,317 11,668 12,019 12,370 12,721 13,072 13,423 of a comparable level of duties, responsibilities, and work requirements 13. 11,356 11,743 12,130 12,517 12,904 13,291 13,678 14,065 14,452 14,839 14. 12,549 12,983 13,417 13,851 14,285 14,719 15,153 15,587 16,021 16,455 in such salary level. When the employee leaves any such position, the 15. 13,832 14,313 14,794 15,275 15,756 16,237 16,718 17,199 17,680 18,161 16 15,293 15,820 16,347 16,874 17,401 17,928 18,455 18,982 19,509 20,036 position shall be appropriately ranked in accordance with chapter 17. 16,895 17,483 18,071 18,659 19,247 19,835 20,423 21,011 21,599 22,187 45 of title 39, United States Code. 18 18,695 19,348 20,001 20,654 21,307 21,960 22,613 23,266 23,919 24,572 19 20,625 21,310 21,995 22,680 23,365 24,050 24,735 25,420 26,105 26,790 (d) The table of contents of chapter 45 of title 39, United States 20. 22,848 23,610 24,372 25,134 25,896 26,658 27,420 27,800 21 25,333 26,179 27,025 27,871 27,900 Code, is amended by inserting- "3512A. Positions in salary level 2." (b) Section 3543(a) of title 39, United States Code, is amended 80 Stat. 290. immediately below- to read as follows: "3512. Positions in salary level 1.". (a) There are established basic compensation schedules which shall be known as the Rural Carrier Schedules and for which the POSTAL FIELD SERVICE EMPLOYEES symbol shall be 'RCS'. Compensation shall be paid to rural carriers in accordance with such schedules. 80 Stat. 289. SEC. 205. (a) Section 3542(a) of title 39, United States Code, is amended to read as follows: "RURAL CARRIER SCHEDULE I "(a) There are established basic compensation schedules for posi- "TTo be effective for the period beginning on the first day of the first pay period beginning on or after October 1, 1967, tions in the postal field service which shall be known as the Postal and ending immediately before the effective date of Rural Carrier Schedule = set forth below] Field Service Schedules and for which the symbol shall be 'PFS'. "Per annum rates and steps Post, pp. 628, Except as provided in sections 3543 and 3544 of this title, basic com- 629. 1 2 3 4 5 6 7 8 9 10 11 12 Fixed compensation $2,531 $2, $2,658 a $2,785 $2,912 $3,039 $3, $3,293 $3,420 $3,547 $3,674 $3,801 $3,928 For each mile up to 30 miles of route. 94 96 98 100 102 104 106 108 110 112 114 116 For each mile of route over 30 25 25 25 25 25 25 25 25 25 25 25 25 Pub. Law 90-206 - 16 - December 16, 1967 December 16, 1967 - 17 Pub. Law 90-206 81 STAT, 630 81 STAT, 629 "RURAL CARRIER SCHEDULE II (e) The basic compensation of each employee subject to the Postal "ITo be effective on the first day of the first pay period beginning on or after July 1, 1968) Field Service Schedule or the Rural Carrier Schedule immediately prior to the effective date of Postal Field Service Schedule I shall be "Per annum rates and steps determined as follows: (1) Each employee subject to the Postal Field Service Sched- 1 2 3 4 5 6 7 8 9 10 11 12 ule shall be assigned to the same numerical step for his position, placed in the next higher salary level, which he had attained Fixed compensation $2,668 $2,804 $2,940 $3,076 $3,212 $3,348 $3, 484 $3,620 $3,756 $3,892 $4,028 164 For each mile up to 30 miles immediately prior to such effective date. of route 99 101 103 105 107 109 111 113 115 117 119 121 For each mile of route over (2) Each employee subject to the Rural Carrier Schedule 30 25 25 25 25 25 25 25 25 25 25 25 25". shall be assigned to the same numerical step for his position which he had attained immediately prior to such effective 74 Stat. 647. (c) Section 3544 of title 39, United States Code, is amended to read date. as follows: (3) If changes in levels or steps would otherwise occur on such effective date without regard to enactment of this Act, "§ 3544. Compensation of postmasters at fourth-class offices such changes shall be deemed to have occurred prior to "(a) The Postmaster General shall- conversion. "(1) rank each position of postmaster at a post office of the (4) If the existing basic compensation is greater than the Ante, P. 628. fourth class in salary level 6 of the Postal Field Service Schedule; rate to which the employee is converted under paragraph (1) and or (2) of this subsection, the employee shall be placed in the "(2) establish, and adjust from time to time, the annual rate of lowest step which exceeds his basic compensation. If the exist- basic compensation, for each such position of postmaster so ranked, ing basic compensation exceeds the maximum step of his posi- in an amount which bears the same ratio to the annual rate of tion, his existing basic compensation increased by 6 per cen- basic compensation for full-time service in a position (other than tum, rounded to the next highest dollar, shall be established as postmaster at a post office of the fourth class) in the same step of his basic compensation. salary level 6 of such schedule, as the average number of hours of (f) The advancement of any employee to a higher salary level service per day which the Postmaster General determines neces- of the Postal Field Service Schedule by reason of the enactment sary to be performed by such postmaster to operate the post office, of this section shall not be deemed to be an equivalent increase in the light of the postal needs of the patrons of the office, bears within the meaning of section 3552(a) of title 39, United States 78 Stat. 408. to the total number of hours per day of such full-time service. Code. Actions and determinations by the Postmaster General under this sub- (g) The basic compensation of each employee subject to the Postal Field Service Schedule or the Rural Carrier Schedule im- section shall be final and conclusive until changed by him. "(b) A person who performs the duties of postmaster at a post office mediately prior to the effective date of Postal Field Service Sched- ule II shall be determined as follows: of the fourth class where there is a vacancy, or during the absence of the postmaster on sick or annual leave or leave without pay, shall be (1) Each employee shall be assigned to the same numerical compensated at the rate of basic compensation for step 1 of salary level step for his position which he had attained immediately prior to such effective date. If changes in levels or steps would 6 of the Postal Field Service Schedule, determined under subsection otherwise occur on such effective date without regard to enact- (a) of this section. ment of this title, such changes shall be deemed to have (c) When required by the Postmaster General, a postmaster at a occurred prior to conversion. fourth-class office shall, and any other postmaster in PFS level 6 when (2) If the existing basic compensation is greater than the rate permitted by the Postmaster General may, furnish quarters, fixtures, to which the employee is converted under paragraph (1) of this and equipment for an office on an allowance basis. The allowance for subsection, the employee shall be placed in the lowest step which this purpose shall be an amount equal to 15 per centum of the basic exceeds his basic compensation. If the existing basic compensa- compensation for step 1 of salary level 6 of the Postal Field Service tion exceeds the maximum step of his position, his existing basic Schedule, determined under subsection (a) of this section.". compensation increased by 5 per centum, rounded to the next (d) Each postmaster at a post office of the fourth class on the highest dollar, shall be established as his basic compensation. effective date of Postal Field Service Schedule I shall be placed in (h) Each employee whose position, by reason of the enactment of salary level 6 of the Postal Field Service Schedule at the lowest step this section, is placed in a level of the Postal Field Service Schedule which provides a rate, determined under section 3544 of title 39, shall be entitled, for purposes of section 3560 of title 39, United States Supra. United States Code, which is at least equal to his rate of basic com- Code, to credit for time served in the postal field service prior to the pensation in effect immediately prior to such effective date plus 6 effective date of this section. per centum thereof. If there is no such step in salary level 6, he is (i) The table of contents of chapter 45 of title 39, United States entitled to his rate of basic compensation in effect immediately prior Code, is amended by striking out- to such effective date plus 6 per centum thereof. For the purposes of this subsection, basic compensation in effect immediately prior to the "3514. Fourth Class Office Schedule." effective date of Postal Field Service Schedule I shall be determined and inserting in lieu thereof- after giving effect to any change in salary step or revenue units "3544. Compensation of postmasters at fourth-class offices.". category which would have occurred on the effective date of this section without regard to the enactment of this title. 98-081 69 3 Pub. Law 90-206 - 18 - December 16, 1967 December 16, 1967 - 19 - Pub. Law 90-206 81 STAT. 631 81 STAT. 632 CONFORMING AMENDMENTS "Director of Chaplain Service, $18,404 minimum to $23,921 maximum. 75 Stat. 569; SEC. 206. (a) Section 3560 of title 39, United States Code, is "Chief Pharmacist, $18,404 minimum to $23,921 maximum. 78 Stat. 408. amended by striking out "(3) revenue unit category, with respect to the "Chief Dietitian, $18,404 minimum to $23,921 maximum. Fourth Class Office Schedule." and inserting in lieu thereof "(3) "(b) (1) The grades and per annum full-pay ranges for positions minimum hours of service with respect to postmasters in fourth-class provided in paragraph (1) of section 4104 of this title shall be as 72 Stat. 1244. post offices.". follows: (b) Section 3560 (f) of title 39, United States Code, is amended by "Physician and Dentist Schedule striking out "(1) reductions in class or revenue unit category of any post office, or" and inserting in lieu thereof (1) reductions in class or "Director grade, $20,982 minimum to $26,574 maximum. revenue units of any post office or in the minimum hours of service for "Executive grade, $19,576 minimum to $25,444 maximum. a fourth-class post office, or". "Chief grade, $18,404 minimum to $23,921 maximum. (c) Subsections (b) and (c) of section 3573 of title 39, United States "Senior grade, $15,841 minimum to $20,593 maximum. 79 Stat. 1114; Code, are amended by striking out "level PFS-10" and "level PFS- "Intermediate grade, $13,507 minimum to $17,557 maximum. 80 Stat. 297. 11", wherever appearing therein, and inserting in lieu thereof "level "Full grade, $11,461 minimum to $14,899 maximum. PFS-11" and "level PFS-12", respectively. Subsection (g) of sec- "Associate grade, $9,657 minimum to $12,555 maximum. tion 3573 is amended by striking out "PFS-17" and inserting "PFS-18". "Nurse Schedule (d) Subsection (a) of section 3575 of title 39, United States 79 Stat. 1116. Code, is amended by striking out "level PFS-15" and inserting in "Assistant Director grade, $15,841 minimum to $20,593 maximum. lieu thereof "level PFS-16". "Chief grade, $13,507 minimum to $17,557 maximum. (e) Any reference to a level of the Postal Field Service Sched- "Senior grade, $11,461 minimum to $14,899 maximum. ule in any order, rule, regulation, or statute (other than title 39, United "Intermediate grade, $9,657 minimum to $12,555 maximum. States ('ode) which is in effect on the effective date of this section "Full grade, $8,054 minimum to $10,475 maximum. shall be deemed to refer to the next higher level of the Postal Field "Associate grade, $7,033 minimum to $9,139 maximum. Service Schedule. "Junior grade, $6,137 minimum to $7,982 maximum. SPECIAL SALARY RATE RANGES "(2) No person may hold the director grade unless he is serving as a director of a hospital, domiciliary, center, or outpatient clinic (in- 80 Stat. 458. SEC. 207. (a) Section 5303(a) of title 5, United States Code, is dependent). No person may hold the executive grade unless he holds amended by striking out "seventh pay rate" and inserting in lieu the position of chief of staff at a hospital, center, or outpatient clinic thereof "maximum pay rate". (independent), or comparable position. (b) Section 5303(d) of title 5, United States Code, is amended to "(c) Notwithstanding any other provision of law, the per annum read as follows: salary rate for each individual serving as a director of a hospital, "(d) The rate of basic pay established under this section and domiciliary, or center who is not a physician shall not be less than the received by an individual immediately before a statutory increase, salary rate which he would receive under this section if his service as a which becomes effective prior to, on, or after the date of enactment director of a hospital, domiciliary, or center had been service as a of the statute, in the pay schedule applicable to such individual of physician in the director grade. The position of the director of a hos- any pay system specified in subsection (a) of this section, shall be pital, domiciliary, or center shall not be subject to chapter 51 and sub- initially adjusted, effective on the effective date of the statutory in- chapter III of chapter 53 of title 5.". 80 Stat. 443, crease, under conversion rules prescribed by the President or by such 467. agency as the President may designate.". FOREIGN SERVICE OFFICERS; STAFF OFFICERS AND EMPLOYEES EMPLOYEES IN THE DEPARTMENT OF MEDICINE AND SURGERY OF THE SEC. 209. (a) The fourth sentence of section 412 of the Foreign VETERANS' ADMINISTRATION Service Act of 1946, as amended (22 U.S.C. 867), is amended to read 80 Stat. 292. as follows: "The per annum salaries of Foreign Service officers within 80 Stat. 291. SEC. 208. Section 4107 of title 38, United States Code, relating to each of the other classes shall be as follows: grades and pay scales for certain positions within the Department of Medicine and Surgery of the Veterans' Administration, is amended "Class 1 $24,944 $25,776 $27,055 to read as follows: Class 2 20,280 20,956 21,632 $22,308 $22,984 $23,660 $24,336 Class 3. 16,616 17,170 17,724 18,278 18,832 19,386 19,940 4107. Grades and pay scales Class 4. 13,507 13,957 14,407 14,857 15,307 15,757 16,207 Class 5. 11,120 11,491 11,862 12,233 12,604 12,975 13,346 "(a) The per annum full-pay scale or ranges for positions provided Class 6. 9,267 9,576 9,885 10,194 10,503 10,812 11,121 Class 7 7,816 8,076 8,336 8,596 8,856 9,116 9,376 78 Stat. 409. in section 4103 of this title, other than Chief Medical Director, Deputy Class 8 6,734 6,959 7,184 7,409 7,634 7,859 8,084'' Chief Medical Director, and Associate Deputy Chief Medical Director; shall be as follows: (b) The second sentence of subsection (a) of section 415 of such Act "Section 4103 Schedule (22 U.S.C. 870(a)) is amended to read as follows: "The per annum 80 Stat. 292. "Assistant Chief Medical Director, $27,055. "Medical Director, $23,788 minimum to $26,960 maximum. "Director of Nursing Service, $18,404 minimum to $23,921 maximum. Pub. Law 90-206 - 20 - December 16, 1967 81 STAT. 633 December 16, 1967 - 21 - Pub. Law 90-206 81 STAT. 634 salaries of such staff officers and employees within each class shall be as IMPLEMENTATION OF SALARY COMPARABILITY POLICY IN 1908 AND 1969 follows: SEC. 212. In order to complete the implementation of the policy of "Class $16,616 $17,170 $17,724 $18,278 $18,832 $19,386 $19,940 $20,494 $21,048 $21,602 the Congress set forth in paragraph (2) of section 5301 of title 5, Class 2. 13,507 13,957 14,407 14,857 15,307 15,757 16,207 16,657 17,107 17,557 United States Code, the President, after seeking the views of such 80 Stat. 458. Class 3 11,120 11,491 11,862 12,233 12,601 12,975 13,346 13,717 14,088 14,459 Class 4 9,267 9,576 9,885 10,194 10,503 10,812 11,121 11,430 11.739 12,048 employee organizations as he considers appropriate and in such man- Class 5. 8,351 8,629 8,907 9,185 9,463 9,741 10,019 10,297 10,575 10,853 Class 7,524 7,775 8,026 8,277 8,528 8,779 9,030 9,281 9,532 9,783 ner as he may provide, shall- Class 7 6,905 7,135 7,365 7,595 7,825 8,055 8,285 8,515 8,745 8,975 Class 8. (1) effective on the first day of the first pay period beginning 6,125 6,329 6,533 6,737 6,941 7,145 7,349 7,553 7,757 7,961 Class 9 5,575 5,761 5,947 6,133 6,319 6,505 6,691 6,877 7,063 7,249 on or after July 1, 1968, adjust the rates of basic pay, basic com- Class 10 4,995 5,161 5,327 5,493 5,659 5,825 5,991 C,157 6,323 6,489". pensation, and salary, as in effect by reason of the enactment of the provisions of this title other than this section and sections 205, (c) Foreign Service officers, Reserve officers, and Foreign Service 210, 213, 214, 215, and 219— staff officers and employees who are entitled to receive basic compensa- (A) by amounts equal, as nearly as may be practicable, to tion immediately prior to the effective date of this section at one of one-half of the amounts by which such rates are exceeded by the rates provided by section 412 or 415 of the Foreign Service Act rates of pay paid for the same levels of work in private 80 Stat. 292. of 1946 shall receive basic compensation, on and after such effective enterprise as determined on the basis of the 1967 annual 22 USC 867, 870. date, at the rate of their class determined to be appropriate by the survey conducted by the Bureau of Labor Statistics in Secretary of State. accordance with the provisions of section 5302 of title 5, United States Code, or AGRICULTURAL STABILIZATION AND CONSERVATION COUNTY COMMITTEE (B) by 3 per centum, EMPLOYEES whichever is greater; and (2) effective on the first day of the first pay period beginning SEC. 210. The rates of pay of persons employed by the county com- on or after July 1, 1969, adjust the rates he has established under mittees established pursuant to section 8(b) of the Soil Conservation subparagraph (1) of this section, and the rates established by 52 Stat. 31; and Domestic Allotment Act (16 U.S.C. 590h shall be increased Postal Field Service Schedule II, and Rural Carrier Schedule II 80 Stat. 293. by amounts equal, as nearly as may be practicable, to the increases (contained in the amendments made by subsections (a) and (b) Ante, p. 627. provided by section 202(a) of this title for corresponding rates of of section 205), by amounts equal, as nearly as may be practicable, basic pay. to the amounts by which such rates are exceeded by rates of SALARY RATES FIXED BY ADMINISTRATIVE ACTION pay paid for the same levels of work in private enterprise as determined on the basis of the 1968 annual survey conducted by SEC. 211. (a) The rates of basic pay of United States attorneys and the Bureau of Labor Statistics in accordance with the provisions assistant United States attorneys whose annual salaries are fixed of section 5302 of title 5, United States Code. 80 Stat. 458. 80 Stat. 618. pursuant to section 548 of title 28, United States Code, shall be in- Adjustments made by the President under this section shall have creased, effective on the effective date of section 202 of this title, by the force and effect of statute. The rates of pay of personnel subject amounts equal, as nearly as may be practicable, to the increases to sections 210, 213 (except subsections (d) and (e)), and 214 of provided by section 202(a) of this title for corresponding rates of this title, and any minimum or maximum rate, limitation, or allowance basic pay. applicable to any such personnel, shall be adjusted, by amounts which (b) Notwithstanding section 3679 of the Revised Statutes, as are equal, insofar as practicable and with such exceptions as may be amended (31 U.S.C. 665), the rates of pay of officers and employees of necessary to provide for appropriate relationships between positions, the Federal Government and of the municipal government of the Dis- to the amounts of the adjustments made by the President under trict of Columbia whose rates of pay are fixed by administrative action subparagraphs (1) and (2) of this section, by the following pursuant to law and are not otherwise increased by this title are hereby authorities authorized to be increased, effective on the effective date of section 202 (i) the President pro tempore of the Senate, with respect to the of this title, by amounts not to exceed the increases provided by this United States Senate; title for corresponding rates of pay in the appropriate schedule or scale (ii) the Speaker of the House of Representatives with respect of pay. to the United States House of Representatives; (c) Nothing contained in this section shall be held or considered to (iii) the Architect of the Capitol, with respect to the Office of authorize any increase in the rates of pay of officers and employees the Architect of the Capitol; whose rates of pay are fixed and adjusted from time to time as nearly (iv) the Director of the Administrative Office of the United as is consistent with the public interest in accordance with prevailing States Courts, with respect to the judicial branch of the Govern- rates or practices. ment; and (d) Nothing contained in this section shall affect the authority con- (v) the Secretary of Agriculture, with respect to persons em- tained in any law pursuant to which rates of pay may be fixed by ployed by the county committees established pursuant to section administrative action. 8(b) of the Soil Conservation and Domestic Allotment Act (16 52 Stat. 31; U.S.C. 590h 80 Stat. 293. Such adjustments shall be made in such manner as the appropriate au- thority concerned deems advisable and shall have the force and effect of statute. Nothing in this section shall impair any authority pursuant to which rates of pay may be fixed by administrative action. Pub. Law 90-206 - 22 - December 16, 1967 December 16, 1967 - 23 - Pub. Law 90-206 81 STAT. 635 81 STAT. 636 JUDICIAL BRANCH EMPLOYEES (c) The rates of compensation of employees of the House of Rep- resentatives whose compensation is fixed by the House Employees SEC. 213. (a) The rates of basic compensation of officers and em- Schedule under the House Employees Position Classification Act ployees in or under the judicial branch of the Government whose rates (78 Stat. 1079-1084; Public Law 88-652; 2 U.S.C. 291-303), includ- of compensation are fixed by or pursuant to paragraph (2) of subdi- ing each employee subject to such Act whose compensation is fixed at 60 Stat. 329. vision a of section 62 of the Bankruptcy Act (11 U.S.C. 102(a) (2)), a saved rate, are hereby increased by amounts equal, as nearly as may 62 Stat. 843. section 3656 of title 18, United States Code, the third sentence of sec- be practicable, to the increases provided by subsection (a) of this tion 603, sections 671 to 675, inclusive, or section 604(a) (5), of title section. 65 Stat. 725. 28, United States Code, insofar as the latter section applies to graded (d) Except as provided in the last sentence of section 218(a) of 62 Stat. 918, positions, are hereby increased by amounts reflecting the respective this title, the additional compensation provided by this section shall 914. applicable increases provided by section 202(a) of this title in cor- be considered a part of basic pay for the purposes of subchapter III 80 Stat. 293. responding rates of compensation for officers and employees subject to of chapter 83 of title 5, United States Code, relating to civil service 80 Stat. 564; Ante, p. 625. section 5332 of title 5, United States Code. The rates of basic compen- retirement. Ante, p. 213. sation of officers and employees holding ungraded positions and whose (e) The per annum rate of compensation of the Chief of Staff of salaries are fixed pursuant to such section 604(a) (5) may be increased the Joint Committee on Internal Revenue Taxation shall be the same by the amounts reflecting the respective applicable increases provided as the per annum rate of compensation of the Legislative Counsel by section 202(a) of this title in corresponding rates of compensation of the House of Representatives. for officers and employees subject to section 5332 of title 5, United (f) This section shall not apply with respect to the compensation of States Code. student congressional interns and the compensation of employees Secretaries and (b) The limitations provided by applicable law on the effective date whose compensation is fixed by the House Wage Schedule under the law clerks. of this section with respect to the aggregate salaries payable to secre- House Employees Position Classification Act. 78 Stat. 1079. 80 Stat. 1499. taries and law clerks of circuit and district judges are hereby increased (g) The annual rate of gross compensation of each officer or 2 USC 291 note. by amounts which reflect the respective applicable increases provided employee whose compensation is disbursed by the Secretary of the by section 202(a) of this title in corresponding rates of compensation Senate, and the annual rate of gross compensation of each telephone for officers and employees subject to section 5332 of title 5, United operator on the United States Capitol telephone exchange and each States Code. member of the Capitol Police whose compensation is disbursed by the Court reporters. (c) Section 753(e) of title 28, United States Code (relating to the Clerk of the House of Representatives, (1) is increased by 4.5 per 62 Stat. 921; compensation of court reporters for district courts), is amended by centum, and (2) as so increased shall be adjusted, effective the first 80 Stat. 294. striking out the existing salary limitation contained therein and in- day of the month following the date of enactment of this Act, to the serting a new limitation which reflects the respective applicable in- nearest multiple of $188. creases provided by section 202(a) of this title in corresponding rates (h) In any case in which the rate of compensation of any officer, of compensation for officers and employees subject to section 5332 of employee, or position, or class of officers, employees, or positions, the title 5, United States Code. compensation for which is disbursed by the Secretary of the Senate, (d) The first paragraph of section 603 of title 28, United States or any minimum or maximum rate with respect to such officer, 78 Stat. 434. Code, relating to the compensation of the Director and the Deputy employee, position, or class is referred to in or provided by statute or Director of the Administrative Office of the United States Courts, is Senate resolution, such statutory provision or resolution shall be amended to read as follows: deemed to refer to the rate which an officer or employee subject to the "The salary of the Director shall be the same as the salary of a dis- provisions of subsection (g) receiving such rate immediately prior to trict judge. The salary of the Deputy Director shall be in the same the effective date of such subsection would be entitled (without regard amount as the annual rate of basic pay for positions at level V of the to such statutory provision) to receive on and after such date. As used Post, P. 638. Executive Schedule under section 5316 of title 5.". in this subsection and subsection (g), the term "officer" does not include 78 Stat. 434. (e) Section 792(b) of title 28, United States Code, is amended by a Senator. striking out "$26,000" and inserting in lieu thereof "$29,000". (i) The annual rate of gross compensation of each employee in Employees in the office of a Senator shall be adjusted, effective on the first day of office of LEGISLATIVE BRANCH EMPLOYEES the month following the date of enactment of this Act, to the lowest Senator. SEC. 214. (a) Except as otherwise provided in this title, each officer multiple of $188 which is not lower than the rate such employee was receiving immediately prior thereto, except that the foregoing pro- or employee in or under the legislative branch of the Government, visions of this subsection shall not apply in the case of any employee whose rate of compensation is increased by section 5 of the Federal if on or before the fifteenth day following the date of enactment of 60 Stat. 217; Employees Pay Act of 1946, shall be paid additional compensation at this Act, the Senator by whom such employee is employed notifies 80 Stat. 294. the rate of 4.5 per centum of his gross rate of compensation (basic 2 USC 60e-3,4. compensation plus additional compensation authorized by law). the disbursing office of the Senate in writing that he does not wish House officers (b) The total annual compensation in effect immediately prior to such provisions to apply to such employee. No employee whose rate the effective date of this section of each officer or employee of the of compensation is adjusted under this subsection shall receive an and employees. House of Representatives, whose compensation is disbursed by the increase under subsection (g) for any period prior to the effective Clerk of the House of Representatives and is not increased by reason date of such adjustment during which such employee was employed of any other provision of this section, shall be increased by 4.5 per in the office of the Senator by whom he is employed on the first day centum. of the month following the enactment of this Act. No increase shall be paid to any person under subsection (g) for any period prior to the first day of the month following the date of enactment of this Act during which such person was employed in the office of a Senator Pub. Law 90-206 - 24 - December 16, 1967 December 16, 1967 - 25 - Pub. Law 90-206 81 STAT. 637 81 STAT. 638 (other than the Senator by whom he is employed on such day) unless "(A) the pay of one or more of the positions is fixed at a single on or before the fifteenth day following the date of enactment of gross per annum rate, and the aggregate gross pay from the this Act such Senator notifies the disbursing office of the Senate in positions exceeds $6,256 a year, or writing that he wishes such employee to receive such additional com- (B) the pay of each such position is fixed at a basic rate plus pensation for such period. In any case in which, at the expiration of additional compensation authorized by law, and the aggregate the time within which a Senator may give notice under this subsection, basic pay of the positions exceeds $2,000 a year. such Senator is deceased, such notice shall be deemed to have been "(2) For the purpose of this subsection, 'gross pay' means the given. An increase under this subsection in the compensation of an annual rate of pay (or equivalent thereof in the case of an individual employee in the office of a Senator for any period prior to the first paid on other than an annual basis) received by an individual, and, in day of the month following the date of enactment of this Act shall the case of an individual receiving basic pay plus additional compensa- be made without regard to the clerk hire allowance of such Senator. tion provided by law, includes the aggregate amount received as basic Ante, P. 141. (j) Section 105 (a) (1) of the Legislative Branch Appropriation Act, and additional compensation, but does not include sums received as 1968, is amended by striking out "$180" and inserting in lieu thereof premium pay under subchapter V of this chapter.". "$188". (p) The third paragraph under the heading "Office of the Architect (k) Section 105(d) (1) of such Act is amended by striking out the of the Capitol" and the subheading "Salaries" in the Legislative table and inserting in lieu thereof the following: Branch Appropriation Act, 1960 (73 Stat. 407), is amended by strik- 40 USC 166b-3. "$199,280 if the population of his State is less than 3,000,000; ing out "$7,700" and inserting in lieu thereof "$8,200". "$212,440 if such population is 3,000,000 but less than 4,000,000; "$223,720 if such population is 4,000,000 but less than 5,000,000; INCREASES IN BASIC PAY RATES FOR LEVELS III, IV, AND V OF EXECUTIVE "$234,060 if such population is 5,000,000 but less than 7,000,000; SCHEDULE "$245,340 if such population is 7,000,000 but less than 9,000,000; "$258,500 if such population is 9,000,000 but less than 10,000,000; SEC. 215. (a) Section 5314 of title 5, United States Code, relating 80 Stat. 460. "$271,660 if such population is 10,000,000 but less than to the basic pay rate for level III of the Executive Schedule, is 11,000,000; amended by striking out "$28,500" and inserting in lieu thereof "$284,820 if such population is 11,000,000 but less than "$29,500". 12,000,000; (b) Section 5315 of title 5, United States Code, relating to the basic "$297,980 if such population is 12,000,000 but less than pay rate for level IV of the Executive Schedule, is amended by strik- 13,000,000; ing out "$27,000" and inserting in lieu thereof "$28,750". "$311,140 if such population is 13,000,000 but less than (c) Section 5316 of title 5, United States Code, relating to the basic 15,000,000; pay rate for level V of the Executive Schedule, is amended by striking "$324,300 if such population is 15,000,000 but less than out "$26,000" and inserting in lieu thereof "$28,000". 17,000,000; SALARY INCREASE LIMITATIONS "$338,400 if such population is 17,000,000 or more." (1) Section 105 of such Act is amended by striking out "$1,080", SEC. 216. Except as provided in sections 213 (d) and (e), 214, 215, "$6,120", "$10,620", "$10,800", "$14,220", "$14,400", "$15,660", and 219, and subject to the operation of section 225 of this title, no rate "$15,840", "$18,180", "$22,320", "$23,400", and "$24,480" wherever of compensation shall be increased, by reason of the enactment of this they appear in such section and inserting in lieu thereof "$1,128", title, to an amount in excess of the salary rate for level V of the "$6,392", "$11,092", "$11,280", "$14,852", "$15,040", "$16,356", Executive Schedule in section 5316 of title 5, United States Code, in "$16,544", "$18,988", "$23,312", "$24,440", and "$25,568", respectively. effect on or after the first day of the first pay period which begins (m) The limitation on gross rate per hour per person provided by on or after the date of enactment of this title. applicable law on the effective date of this section with respect to the folding of speeches and pamphlets for the Senate is hereby increased UNCONTROLLABLE OVERTIME DUTY by 4.5 per centum. The amount of such increase shall be computed to the nearest cent, counting one-half cent and over as a whole cent. The SEC. 217. Section 5545(c) (2) of title 5, United States Code, is 80 Stat. 487; provisions of subsection (g) shall not apply to employees whose com- amended by striking out "not in excess of 15 percent," and inserting Ante, p. 200. pensation is subject to such limitation, or to employees referred to in in lieu thereof "not less than 10 percent nor more than 25 percent,". the last proviso in the second paragraph under the heading "SEN- 62 Stat. 1027. ATE" in the Second Deficiency Appropriation Act, 1948. PAYMENT OF RETROACTIVE COMPENSATION (n) The first sentence of section 106(b) of the Legislative Branch Ante, p. 143. Appropriation Act, 1963, as amended (2 U.S.C. Boj), is amended by SEC. 218. (a) Retroactive pay, compensation, or salary shall be striking out "$540" and inserting in lieu thereof "$564". paid by reason of this title only in the case of an individual in the Dual pay. (o) Section 5533 (c) of title 5, United States Code, is amended to service of the United States (including service in the Armed Forces Ante, P. 143. read as follows: of the United States) or the municipal government of the District "(c) (1) Unless otherwise authorized by law, appropriated funds of Columbia on the date of enactment of this title, except that such are not available for payment to an individual of pay from more retroactive pay, compensation, or salary shall be paid- than one position if the pay of one of the positions is paid by the (1) to an officer or employee who retired, during the period Secretary of the Senate or the Clerk of the House of Representatives, beginning on the first day of the first pay period which began or one of the positions is under the Office of the Architect of the on or after October 1, 1967, and ending on the date of enactment Capitol, and if- of this title, for services rendered during such period, and Pub. Law 90-206 - 26 - December 16, 1967 December 16, 1967 - 27 - Pub. Law 90-206 81 STAT. 640 81 STAT. 639 (2) in accordance with subchapter VIII of chapter 55 of title the date on which the adjustments thereof are actually ordered 5, United States Code, relating to settlement of accounts, for under such section, shall be held and considered to become effec- 80 Stat. 495. services rendered, during the period beginning on the first day tive on the date on which such adjustments are actually ordered. of the first pay period which began on or after October 1, 1967, and ending on the date of enactment of this title, by an officer or EMPLOYMENT OF RELATIVES BY PUBLIC OFFICIALS employee who died during such period. SEC. 221. (a) Chapter 31 of title 5, United States Code, is amended 80 Stat. 414. Such retroactive pay, compensation, or salary shall not be considered by adding at the end thereof the following new section: as basic pay for the purposes of subchapter III of chapter 83 of title 5. 80 Stat. 564; United States Code, relating to civil service retirement, or any other 3110. Employment of relatives; restrictions Ante, p. 213. retirement law or retirement system, in the case of any such retired "(a) For the purpose of this section- Definitions. or deceased officer or employee. '(1) 'agency' means— Armed Forces, (b) For the purposes of this section, service in the Armed Forces (A) an Executive agency; service and of the United States, in the case of an individual relieved from train- ((B) an office, agency, or other establishment in the legis- training period. ing and service in the Armed Forces of the United States or dis- lative branch; charged from hospitalization following such training and service, "(C) an office, agency, or other establishment in the judi- shall include the period provided by law for the mandatory restora- cial branch; and tion of such individual to a position in or under the Federal Govern- "(D) the government of the District of Columbia; ment or the municipal government of the District of Columbia. (2) 'public official' means an officer (including the President and a Member of Congress), a member of the uniformed service, SALARIES OF LEGISLATIVE OFFICIALS an employee and any other individual, in whom is vested the au- thority by law, rule, or regulation, or to whom the authority has SEC. 219. Section 203 of the Federal Legislative Salary Act of 1964 been delegated, to appoint, employ, promote, or advance individ- (78 Stat. 415) is amended as follows: uals, or to recommend individuals for appointment, employment, 31 USC 42a. (1) in subsection (b), by striking out "$28,500" and insert- promotion, or advancement, in connection with employment in an ing in lieu thereof "$29,500"; agency; and 2 USC 136a; (2) in subsection (c), by striking out "$27,000" and inserting (3) 'relative' means, with respect to a public official, an in- 31 USC 5la; in lieu thereof "$28,750"; 40 USC 162a; (3) in subsection (d), by striking out "$25,500" and inserting dividual who is related to the public official as father, mother, son, 544 USC 39a. in lieu thereof "$27,500"; daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, 2 USC 136a-1; (4) in subsection (e), by striking out "$23,500" and inserting husband, wife, father-in-law, mother-in-law, son-in-law, daughter- 40 USC 166b; in lieu thereof "$25,000". in-law, brother-in-law, sister-in-law, stepfather, stepmother, step- 44 USC 39a. son, stepdaughter, stepbrother, stepsister, half brother, or half 40 USC 166b-1. sister. EFFECTIVE DATES '(b) A public official may not appoint, employ, promote, advance, SEC. 220. (a) Except as otherwise expressly provided, this title or advocate for appointment, employment, promotion, or advancement, shall take effect as follows: in or to a civilian position in the agency in which he is serving or over (1) This section and sections 201, 207, 212, 218, 221, 224 (a) which he exercises jurisdiction or control any individual who is a rela- and (b), and 225 shall become effective on the date of enactment tive of the public official. An individual may not be appointed, em- of this title. ployed, promoted, or advanced in or to a civilian position in an agency (2) Sections 202, 203, 204, 205, 206, 208, 209, 210, 211, 213 if such appointment, employment, promotion, or advancement has been (except subsections (d) and (e)), 214 (except subsections (j), advocated by a public official, serving in or exercising jurisdiction or (k), (1), (n), and (o)), and 216 shall become effective as of the control over the agency, who is a relative of the individual. beginning of the first pay period which began on or after "(c) An individual appointed, employed, promoted, or advanced in October 1, 1967. violation of this section is not entitled to pay, and money may not be (3) Sections 213 (d) and (e), 214 (j), (k), (1), (n), and (o), paid from the Treasury as pay to an individual so appointed, employed, 215, 217, 219, and 224 (c) shall become effective at the beginning promoted, or advanced. of the first pay period which begins on or after the date of "(d) The Civil Service Commission may prescribe regulations au- enactment of this title. thorizing the temporary employment, in the event of emergencies re- (4) Sections 222 and 223 shall become effective thirty days after sulting from natural disasters or similar unforeseen events or circum- the date of enactment of this title. stances, of individuals whose employment would otherwise be (b) For the purposes of determining the amount of insurance for prohibited by this section. which an individual is eligible under chapter 87 of title 5, United "(e) This section shall not be construed to prohibit the appoint- 80 Stat. 592. States Code, relating to group life insurance for Federal employees- ment of an individual who is a preference eligible in any case in which (1) all changes in rates of pay which result from the enact- the passing over of that individual on a certificate of eligibles furnished ment of this title (except Postal Field Service Schedule II, Rural under section 3317(a) of this title will result in the selection for ap- 80 Stat. 421. Carrier Schedule II, and sections 207, 212, 213 (d) and (e), 215, pointment of an individual who is not a preference eligible." 219, and 225) shall be held and considered to become effective as of (b) The analysis of chapter 31 of title 5, United States Code, is the date of such enactment; and amended by adding the following new item at the end thereof: (2) all changes in rates of pay which result from the enactment "3110. Employment of relatives; restrictions.". of section 212 of this title and which take effect retroactively from Pub. Law 90-206 - 28 - December 16, 1967 December 16, 1967 - 29 - Pub. Law 90-206 81 STAT. 641 81 STAT. 642 (c) The amendments made by this section do not apply to an ap- "(2) decide whether the position has been properly classified; pointment, employment, advancement, or promotion made or advocated and by a public official of any individual who is a relative of the public "(3) approve, disapprove, or modify, in accordance with its official if, prior to the effective date of this section, the individual was decision, the action of the employing agency in classifying the appointed by the public official, or received an appointment advocated position. by the public official, and is serving under the appointment on such The Commission shall certify to the agency concerned its action under effective date. paragraph (3) of this section. The agency shall act in accordance TRAVEL STATUS with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials.". 80 Stat. 486. SEC. 222. (a) Section 5542(b) (2) (B) of title 5, United States Code, (b) The analysis of chapter 53 is amended by inserting the follow- is amended to read as follows: ing new item after item 5344: "(B) the travel (i) involves the performance of work while traveling, (ii) is incident to travel that involves the performance "5345. Position classification appeals.". of work while traveling, (iii) is carried out under arduous con- MISCELLANEOUS PROVISIONS ditions, or (iv) results from an event which could not be scheduled or controlled administratively.". SEC. 224. (a) Section 4101 (2) (B) of title 5, United States Code, is 80 Stat. 432. 74 Stat. 651; (b) Section 3571 of title 39, United States Code, is amended by amended by striking out "Coast and Geodetic Survey" and inserting in 79 Stat. 1114. adding at the end thereof a new subsection as follows: lieu thereof "Environmental Science Services Administration". (e) Time spent in a travel status away from the official duty sta- (b) Section 8339 (2) of title 5, United States Code, is amended tion of an employee is not hours of work unless the travel (i) involves to read as follows: the performance of work while traveling, (ii) is incident to travel that "(2) the greater of- involves the performance of work while traveling, (iii) is carried out (A) the final basic pay of the Member; or under arduous conditions, or (iv) results from an event which could (B) the final basic pay of the appointive position of a not be scheduled or controlled administratively.". former Member who elects to have his annuity computed or 80 Stat. 500. (c) Subchapter II of chapter 57 of title 5, United States Code, is recomputed under section 8344(b) (1) of this title.". amended- (c) Section (b) of the Act of August 25, 1958 (72 Stat. 838; 3 (1) by adding at the end thereof the following new section: U.S.C. 102, note), as amended, is amended by striking out "$65,000" 78 Stat. 412. "§ 5733. Expeditious travel and inserting in lieu thereof "$80,000", and by striking out the fourth "The travel of an employee shall be by the most expeditious means sentence therein and inserting in lieu thereof the following: "The of transportation practicable and shall be commensurate with the na- annual rate of compensation payable to any such person shall not ture and purpose of the duties of the employee requiring such travel."; exceed the highest annual rate of basic pay now or hereafter provided and by law for positions at level II of the Executive Schedule under sec- tion 5313 of title 5, United States Code.". 80 Stat. 460. (2) by inserting after item 5732 in the analysis of such sub- chapter the following new item: COMMISSION ON EXECUTIVE, LEGISLATIVE, AND JUDICIAL SALARIES "5733. Expeditious travel.". 80 Stat. 486; (d) Section 5544 of title 5, United States Code, is amended by SEC. 225. (a) ESTABLISHMENT OF COMMISSION.-There is hereby Ante, P. 200. inserting immediately at the end thereof the following new sentence: established a commission to be known as the Commission on Executive, "Time spent in a travel status away from the official duty station of an Legislative, and Judicial Salaries (hereinafter referred to as the employee subject to this subsection is not hours of work unless the "Commission"). travel (i) involves the performance of work while traveling, (ii) is (b) MEMBERSHIP.- incident to travel that involves the performance of work while travel- (1) The Commission shall be composed of nine members who shall ing (iii) is carried out under arduous conditions, or (iv) results from be appointed from private life, as follows: an event which could not be scheduled or controlled administratively.". (A) three appointed by the President of the United States, one of whom shall be designated as Chairman by the President; APPEALS FROM POSITION CLASSIFICATIONS OF WAGE BOARD EMPLOYEES (B) two appointed by the President of the Senate; (C) two appointed by the Speaker of the House of Representa- SEC. 223. (a) Subchapter IV of chapter 53 of title 5, United States tives; and 80 Stat. 471. Code, is amended by adding at the end thereof the following new (D) two appointed by the Chief Justice of the United States. section: (2) The terms of office of persons first appointed as members of the Terms of "§ 5345. Position classification appeals Commission shall be for the period of the 1969 fiscal year of the Fed- office. "On application, made in accordance with regulations prescribed eral Government, except that, if any appointment to membership on by the Civil Service Commission, by an employee subject to section the Commission is made after the beginning and before the close of 5341 (a) of this title for the review of the action of an employing such fiscal year, the term of office based on such appointment shall be agency in classifying his position for pay purposes, the Commission for the remainder of such fiscal year. shall- (3) After the close of the 1969 fiscal year of the Federal Govern- "(1) ascertain currently the facts as to the duties, responsi- ment, persons shall be appointed as members of the Commission with bilities, and qualification requirements of the position; respect to every fourth fiscal year following the 1969 fiscal year. The terms of office of persons so appointed shall be for the period of the Pub. Law 90-206 - 30 - December 16, 1967 December 16, 1967 - 31 - Pub. Law 90-206 81 STAT. 644 81 STAT. 643 fiscal year with respect to which the appointment is made, except that, (ii) the appropriate pay relationships between such offices and if any appointment is made after the beginning and before the close positions and the offices and positions subject to the provisions of of any such fiscal year, the term of office based on such appointment chapter 51 and subchapter III of chapter 53 of title 5, United shall be for the remainder of such fiscal year. States Code, relating to classification and General Schedule pay 80 Stat. 443, (4) A vacancy in the membership of the Commission shall be filled rates. 467; Ante, P. 625. in the manner in which the original appointment was made. (g) REPORT BY COMMISSION TO THE PRESIDENT.-The Commission (5) Each member of the Commission shall be paid at the rate of shall submit to the President a report of the results of each review Compensation; $100 for each day such member is engaged upon the work of the Com- conducted by the Commission of the offices and positions within the travel expenses mission and shall be allowed travel expenses, including a per diem purview of subparagraphs (A), (B), (C), and (D) of subsection (f) allowance, in accordance with section 5703(b) of title 5, United States of this section, together with its recommendations. Each such report shall be submitted on such date as the President may designate but 80 Stat. 499. Code, when engaged in the performance of services for the Commission. not later than January 1 next following the close of the fiscal year in (c) PERSONNEL OF COMMISSION.- (1) Without regard to the provisions of title 5, United States Code, which the review is conducted by the Commission. (h) RECOMMENDATIONS OF THE PRESIDENT WITH RESPECT TO PAY.- governing appointments in the competitive service, and the provisions 80 Stat. 443, of chapter 51 and subchapter III of chapter 53 of such title, relating The President shall include, in the budget next transmitted by him to the Congress after the date of the submission of the report and 467; Ante, P. 625. to classification and General Schedule pay rates, and on a temporary recommendations of the Commission under subsection (g) of this basis for periods covering all or part of any fiscal year referred to section, his recommendations with respect to the exact rates of pay in subsection (b) (2) and (3) of this section- which he deems advisable, for those offices and positions within the (A) the Commission is authorized to appoint an Executive purview of subparagraphs (A), (B), (C), and (D) of subsection (f) Director and fix his basic pay at the rate provided for level V of of this section. As used in this subsection, the term "budget" means the "Budget." the Executive Schedule by section 5316 of title 5, United States budget referred to in section 201 of the Budget and Accounting Act, Ante, P. 638. Code; and 1921, as amended (31 U.S.C.11). 64 Stat. 832; (B) with the approval of the Commission, the Executive (i) EFFECTIVE DATE OF RECOMMENDATIONS OF THE PRESIDENT.- 72 Stat. 852. Director is authorized to appoint and fix the basic pay (at respec- (1) Except as provided in paragraph (2) of this subsection, all or tive rates not in excess of the maximum rate of the General part (as the case may be) of the recommendations of the President Schedule in section 5332 of title 5, United States Code) of such transmitted to the Congress in the budget under subsection (h) of this additional personnel as may be necessary to carry out the function section shall become effective at the beginning of the first pay period of the Commission. which begins after the thirtieth day following the transmittal of such Personnel detail. (2) Upon the request of the Commission, the head of any depart- recommendations in the budget; but only to the extent that, between ment, agency, or establishment of any branch of the Federal Govern- the date of transmittal of such recommendations in the budget and ment is authorized to detail, on a reimbursable basis, for periods cover- the beginning of such first pay period- ing all or part of any fiscal year referred to in subsection (b) (2) and (A) there has not been enacted into law a statute which estab- (3) of this section, any of the personnel of such department, agency, lishes rates of pay other than those proposed by all or part of or establishment to assist the Commission in carrying out its function. such recommendations, (d) USE OF UNITED STATES MAILS BY COMMISSION.-The Commission (B) neither House of the Congress has enacted legislation may use the United States mails in the same manner and upon the same which specifically disapproves all or part of such recommen- conditions as other departments and agencies of the United States. dations, or (e) ADMINISTRATIVE SUPPORT SERVICES.-The Administrator of (C) both. General Services shall provide administrative support services for the (2) Any part of the recommendations of the President may, in Commission on a reimbursable basis. accordance with express provisions of such recommendations, be made (f) FUNCTION.-The Commission shall conduct, in each of the re- operative on a date later than the date on which such recommendations spective fiscal years referred to in subsection (b) (2) and (3) of this otherwise are to take effect. section, a review of the rates of pay of- (j) EFFECT OF RECOMMENDATIONS OF THE PRESIDENT ON EXISTING (A) Senators, Members of the House of Representatives, and the LAW AND PRIOR PRESIDENTIAL RECOMMENDATIONS.-The recommen- Resident Commissioner from Puerto Rico; (B) offices and positions in the legislative branch referred to in dations of the President transmitted to the Congress immediately following a review conducted by the Commission in one of the fiscal subsections (a), (b), (c), and (d) of section 203 of the Federal years referred to in subsection (b) (2) and (3) of this section shall Legislative Salary Act of 1964 (78 Stat. 415; Public Law 88-426) be held and considered to modify, supersede, or render inapplicable, (C) justices, judges, and other personnel in the judicial branch as the case may be, to the extent inconsistent therewith- referred to in sections 402(d) and 403 of the Federal Judicial (A) all provisions of law enacted prior to the effective date Salary Act of 1964 (78 Stat. 434; Public Law 88-426) and or dates of all or part (as the case may be) of such recommenda- (D) offices and positions under the Executive Schedule in sub- tions (other than any provision of law enacted in the period 80 Stat. 460; chapter II of chapter 53 of title 5, United States Code. Such review by the Commission shall be made for the purpose of de- specified in paragraph (1) of subsection (i) of this section with Ante, p. 638. respect to such recommendations), and termining and providing- (B) any prior recommendations of the President which take (i) the appropriate pay levels and relationships between and effect under this section. among the respective offices and positions covered by such review, (k) PUBLICATION OF RECOMMENDATIONS OF THE PRESIDENT.-The Publication in and recommendations of the President which take effect shall be printed Federal Register. Pub. Law 90-206 - 32 - December 16, 1967 December 16, 1967 - 33 - Pub. Law 90-206 81 STAT. 646 81 STAT. 645 in the Statutes at Large in the same volume as public laws and shall not attained their nineteenth birthday, and who reside with the be printed in the Federal Register and included in the Code of Federal addressee. Regulations. (h) The provisions of subchapter II of chapter 5 (relating to administrative procedure) and chapter 7 (relating to judicial review) TITLE INI-PROHIBITION OF PANDERING of part I of title 5, United States Code, shall not apply to any provi- 81 Stat. 381, sions of this section. 392. ADVERTISEMENTS "(i) For the purposes of this section- Ante, P. 54. SEC. 301. (a) Chapter 51 of title 39, United States Code, is amended "(1) mail matter, directed to a specific address covered in the 74 Stat. 654; 76 Stat. 840. by adding at the end of such chapter the following new section: order of the Postmaster General, without designation of a specific addressee thereon, shall be considered as addressed to the person "§ 4009. Prohibition of pandering advertisements in the mails named in the Postmaster General's order; and "(a) Whoever for himself, or by his agents or assigns, mails or "(2) the term 'children' includes natural children, stepchildren, causes to be mailed any pandering advertisement which offers for adopted children, and children who are wards of or in custody of sale matter which the addressee in his sole discretion believes to be the addressee or who are living with such addressee in a regular erotically arousing or sexually provocative shall be subject to an order parent-child relationship.". of the Postmaster General to refrain from further mailings of such (b) The table of contents of chapter 51 of title 39, United States materials to designated addressees thereof. Code, is amended by adding at the end thereof- '(b) Upon receipt of notice from an addressee that he has received "4009. Prohibition of pandering advertisements in the mails.". such mail matter, determined by the addressee in his sole discretion to be of the character described in subsection (a) of this section, the SEC. 302. The provisions of this title shall become effective on the Effective date. Postmaster General shall issue an order, if requested by the ad- one hundred and twentieth day after the date of enactment of this dressee, to the sender thereof, directing the sender and his agents or Act. assigns to refrain from further mailings to the named addressees. (c) The order of the Postmaster General shall expressly prohibit TITLE IV-FEDERAL EMPLOYEES LIFE INSURANCE the sender and his agents or assigns from making any further mail- ings to the designated addressees, effective on the thirtieth calendar SEC. 401. Section 8704(a) of title 5, United States Code, is amended 80 Stat. 593. day after receipt of the order. The order of the Postmaster General to read as follows: shall also direct the sender and his agents or assigns to delete im- "(a) An employee eligible for insurance is entitled to be insured for mediately the names of the designated addressees from all mailing lists an amount of group life insurance, plus an equal amount of group owned or controlled by the sender or his agents or assigns and, further, accidental death and dismemberment insurance, in accordance with the shall prohibit the sender and his agents or assigns from the sale, rental, following schedule, which schedule shall be automatically extended exchange, or other transaction involving mailing lists bearing the correspondingly by the amounts of increases in the annual rate of basic names of the designated addressees. pay for positions at level II of the Executive Schedule under section 5313 of this title: 80 Stat. 460. "(d) Whenever the Postmaster General believes that the sender or anyone acting on his behalf has violated or is violating the order given under this section, he shall serve upon the sender, by registered If annual pay is- The amount of group life The amount of group accidental insurance - death and dismemberment or certified mail, a complaint stating the reasons for his belief and Greater than— But not greater than- insurance is- request that any response thereto be filed in writing with the Post- master General within fifteen days after the date of such service. If 0 $8,000 $10,000 $10,000 $8,000 9,000 11,000 11,000 the Postmaster General, after appropriate hearing if requested by 9,000 10,000 12,000 12,000 the sender, and without a hearing if such a hearing is not requested, 10,000 11,000 13,000 13,000 11,000 12,000 14,000 14,000 thereafter determines that the order given has been or is being violated, 12,000 13,000 15,000 15,000 13,000 he is authorized to request the Attorney General to make application, 14,000 16,000 16,000 14,000 15,000 17,000 17,000 and the Attorney General is authorized to make application, to a dis- 15,000 16,000 18,000 18,000 16,000 17,000 19,000 19,000 trict court of the United States for an order directing compliance 17,000 18,000 20,000 20,000 with such notice. 18,000 19,000 21,000 21,000 19,000 20,000 22,000 22,000 Compliance order. "(e) Any district court of the United States within the jurisdiction 20,000 21,000 23,000 23,000 21,000 22,000 24,000 24,000 of which any mail matter shall have been sent or received in violation 22,000 23,000 25,000 25,000 of the order provided for by this section shall have jurisdiction, upon 23,000 24,000 26,000 26,000 24,000 25,000 27,000 27,000 application by the Attorney General, to issue an order commanding 25,000 26,000 28,000 28,000 26,000 27,000 29,000 29,000 compliance with such notice. Failure to observe such order may be 27,000 28,000 30,000 30,000 punished by the court as contempt thereof. 28,000 29,000 31,000 31,000 29,000 32,000 32,000" "(f) Receipt of mail matter thirty days or more after the effective date of the order provided for by this section shall create a rebuttable presumption that such mail was sent after such effective date. "(g) Upon request of any addressee, the order of the Postmaster General shall include the names of any of his minor children who have Pub. Law 90-206 - 34 - December 16, 1967 December 16, 1967 - 35 - Pub. Law 90-206 81 STAT. 647 "(B) while in receipt of compensation for work injuries under 80 Stat. 595. SEC. 402. Section 8707 of title 5, United States Code, is amended the same conditions (except with respect to cost) as provided in to read as follows: section 8706(c) of this title. 80 State 595. 8707. Employee deductions; withholding "(d) During each period in which an employee has the optional in- "During each period in which an employee is insured under a policy surance the full cost thereof shall be withheld from his pay. During of insurance purchased by the Civil Service Commission under section each period in which an employee continues optional life insurance 81 STAT. 647 8709 of this title, there shall be withheld from the pay of the employee after retirement or while in receipt of compensation for work injuries, 81 STAT. 648 his share of the cost of the group life insurance and accidental death as provided in section 8706(b) or 8706(c) of this title, the full cost and dismemberment insurance. The amount withheld shall be at the thereof shall be withheld from his annuity or compensation, except rate, adjusted to the nearest half-cent, of 662/3 percent of the level that, at the end of the calendar month in which he becomes 65 years cost of each $1,000 of insurance, as determined by the Commission.". of age, the optional life insurance shall be without cost to him. Government con- SEC. 403. Section 8708(a) of title 5, United States Code, is amended Amounts so withheld shall be deposited, used, and invested as pro- tribution. to read as follows: vided in section 8714 of this title and shall be reported and accounted "(a) For each period in which an employee is insured under a policy for separately from amounts withheld and contributed under sections of insurance purchased by the Civil Service Commission under section 8707 and 8708 of this title. Ante, p. 647. 8709 of this title, a sum equal to one-half the amount which is withheld "(e) The cost of the optional insurance shall be determined from Supra. from the pay of the employee under section 8707 of this title shall time to time by the Commission on the basis of such age groups as it be contributed from the appropriation or fund which is used to considers appropriate. pay him.". "(f) The amount of optional life, or life and accidental death, in- 80 Stat. 592. SEC. 404. Chapter 87 of title 5, United States Code, is amended— surance in force on an employee at the date of his death shall be paid as provided in section 8705 of this title."; and 80 Stat. 594; (1) by adding the following new section: (2) by inserting in the analysis of such chapter the following Ante, p. 219. "§ 8714a. Optional insurance new item after item 8714: "(a) Under the conditions, directives, and terms specified in sections "8714a. Optional insurance.". 8709-8712 of this title, the Civil Service Commission, without regard to section 5 of title 41, may purchase a policy which shall make SEC. 405. (a) The amendments made by sections 401 to 403, inclu- Effective dates. available to each insured employee equal amounts of optional life sive, of this Act shall take effect on the first day of the first pay insurance and accidental death and dismemberment insurance in period which begins on or after the sixtieth day following the date Ante, P. 646. addition to the amounts provided in section 8704(a) of this title. of enactment. In the case of an employee who dies or retires during "(b) The optional life insurance and accidental death and dismem- the period beginning on the date of enactment of this Act and prior berment insurance shall be made available to each insured employee to the effective date prescribed by this subsection, the amount of insur- under such conditions as the Commission shall prescribe and in ance shall be determined as if the amendments made by section 401 amounts approved by the Commission but not more than the greater were in effect for such employee during such period. of $10,000 or an amount which, when added to the amount provided (b) (1) The amendments made by section 404 of this Act shall take in section 8704(a) of this title, makes the sum of his insurance equal effect on the first day of the first pay period which begins on or after to his annual pay. the one hundred and eightieth day following the date of enactment, "(c) (1) The optional insurance on an employee stops on his separa- or on any earlier date that the Civil Service Commission may pre- tion from service, 12 months after discontinuance of his pay, or on scribe, which is at least sixty days after the date of enactment. In the his entry on active duty or active duty for training, as provided in case of an employee who dies during the period beginning on the date 80 Stat. 595. sections and 8706(d) of this title. of enactment and ending on the effective date prescribed by or pur- "(2) So much of the optional life insurance in force on an employee suant to this subsection, or during the sixty days immediately follow- on the date he retires on an immediate annuity or becomes entitled to ing such period if the Commission determines that he did not have a receive compensation for work injuries which has been in force for not reasonable opportunity to elect the optional insurance made available less than— by section 404, the insurance of such employee shall be determined "(A) the full period or periods of service during which the as if the amendments made by section 404 had been in effect on the optional insurance was available to him; or date of such death, and the employee had elected to receive the maxi- (B) the 12 years of service immediately preceding his retire- mum amount of optional insurance available to him under such ment or beginning date of entitlement to compensation for work amendments. An employee who retires during the period beginning injuries and during which the optional insurance was available to on the date of enactment and ending on the effective date prescribed him; by or pursuant to this subsection shall have an opportunity to elect whichever is shorter, may be continued- the optional insurance made available by section 404. "(A) after retirement, under the same conditions (except with (2) In the case of an employee in the service on the effective date respect to cost but including reduction of the amount continued) prescribed by or pursuant to this subsection, (i) the period during as provided in section 8706(b) of this or which such employee may elect to receive optional insurance under Pub. Law 90-206 - 36 - December 16, 1967 81 STAT. 648 the amendment made by section 404 shall not expire prior to the sixtieth day after such effective date, and (ii) for the purpose of determining the amount of insurance to be continued after retirement, the period during which such optional insurance was available to such employee shall not be considered to have commenced prior to the expiration of sixty days following such effective date. (c) The amendments made by sections 401 to 404, inclusive, of this Act shall have no effect in the case of an employee who died, was finally separated, or retired prior to the date of enactment. Approved December 16, 1967. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 722 (Comm. on Post Office & Civil Service) and No. 1013 (Comm. of Conference). SENATE REPORT: No. 801(Comm. on Post Office & Civil Service). CONGRESS IONAL RECORD, Vol. 113 (1967): Oct. 10, 11, Dec. 11: Considered and passed House. Nov. 28, 29, Dec. 12: Considered and passed Senate. 14230 STATEMENT FOR THE RECORD SUBMITTED BY W. V. GILL, DIRECTOR, OFFICE OF LABOR-MANAGEMENT RELATIONS U. S. CIVIL SERVICE COMMISSION TO THE HOUSE SUBCOMMITTEE ON POSTAL OPERATIONS Friday April 25, 1969 10:00 A.M. MR. CHAIRMAN AND MEMBERS OF THE SUBCOMMITTEE: We appreciate the opportunity afforded the Commission to present this re- port and comment on the Federal labor-management relations program. While we understand your Committee's special concern with the postal service, this statement covers labor-management relations in the entire Federal service. Labor relations in the postal service is a large and important part of the picture, but our experience under Executive Order 10988 is with a single set of basic policies applicable governmentwide. The need for common ground rules, rather than separate and diverse agency policies, was one of the principal factors which motivated the issuance of E. O. 10988. Overall Assessment Executive Order 10988 is one of the pivotal developments in the history of the Federal civil service. Prior to its issuance, January 17, 1962, there were no governmentwide rules for dealings between employee organiza- tions and Federal management. The order provided a coherent and effective framework for these relationships. It established the principle that em- ployee participation, through their organizations, in the setting of personnel policies affecting them contributes to the effective conduct of 2 public business. Under the order, employee organizations have made significant gains in membership, status, and impact on agency personnel policy. The voluntary dues withholding program developed and put into effect by the Civil Service Commission in January 1964 has contributed significantly to stability and growth in organization membership. Dues remitted to organ- izations through voluntary payroll deductions now approximate $25 million a year. Organizations now represent over 1,400,000 Federal employees on an exclusive basis, 52 percent of the total work force, and they have an estimated membership in excess of one million. Over one million Federal employees are now working under agreements negotiated with their employing agencies. The program has contributed to more democratic management of the work- force and to improved communications between employees and the management for whom they work. There have been some excellent results, beneficial to both agencies and employees. On the other hand, there have been grow- ing difficulties and dissatisfaction on both sides. Some of this stems from the simple fact that there are two groups dealing with each other, often with diverse interests and objectives in personnel policy, but some stems also from growth and changing characteristics which warrant adjust- ments in the program structure. Overall, our assessment is that the program established by Executive Order 10988 was sound in conception and has worked remarkably well in practice. Considering the nature of labor relations and thinking back 3 to experience in the private sector of the economy during the early years of the Wagner Act, the general acceptance of the program by Fed- eral officials and the diligence with which it has been made operational have been impressive. The experience of the past seven years has shown us weaknesses that require correction. Some of the arrangements that were suitable for the early phases of the program are no longer valid and need readjust- ment. However, there has been strength and accomplishment as well as weakness and problems in this experience. On balance, the program has been good. We have now learned enough to make it better. We believe that needed changes should be evolutionary, building upon the founda- tion of solid experience which has been established by the parties. Origins of the Program Executive Order 10988, issued in January 1962 by President Kennedy, was the outgrowth of a 1961 study by a task force of high-level officials in the Executive Branch. This Presidential Task Force was chaired by the Secretary of Labor, and included the Secretary of Defense, the Post- master General, the Director of the Bureau of the Budget, the Special Counsel to the President, and the Chairman of the Civil Service Commis- sion, who served as vice-chairman. The Task Force made an extensive review of labor unionism in the Federal service, in other public jurisdictions, and in private industry, and held public hearings to obtain the views of interested parties. What it 4 found in 1961 makes interesting contrast with the situation now existing in Federal employment. It found that union relations in the Federal government began with the craft unions in Naval shipyards over 100 years ago. Major postal unions were formed before the turn of the century, and were using collective representation to achieve improvements in pay and working conditions. Unions representing Government employees on an industrial basis were organized and active almost half a century ago. Many of the significant advances in Federal personnel policy bear the imprint of union effort and union support. In 1961, union membership was an estimated 760,000, one-third of the Federal workforce. Two-thirds of these (490,000) were in the Post Office Department. Outside of the Post Office Department, about one-sixth of the workforce were union members and five-sixths non-members. There was no general acceptance and no general doctrine of organized employee relationships in the Federal service. The Tennessee Valley Authority and segments of the Department of the Interior had relation- ships with unions closely approximating those in the private sector. In many agencies, there were loose and not particularly effective consulta- tive relationships. In other agencies there were no dealings. Such re- lationships as existed were at the option of the employing agencies. The unions were not pleased with this state of affairs. They resented 5 the indifference in some agencies, the run-around and refusal to deal in others. They pointed to poor supervisory practices, unfair grievance procedures, and unilateral personnel decision-making by agency manage- ment. Most agencies were cautious in their approach to change, preferring exist- ing arrangements or a limited modification. However, Defense and Post Office Departments, by far the largest employers, favored the development of a meaningful system. There was concern by some managers about the in- herent difficulty of balancing public pressure for increased efficiency and economy of governmental operations against union resistance to per- formance standards and emphasis on seniority instead of relative profic- iency as a basis for employee advancement. The principles which guided the Task Force in recommending E. 0. 10988 warrant repeating here because they continue to have the same significance for labor-management relations in the public service today: - Government responsibility to the public is paramount; therefore, the test of any proposal must be whether it is in the public interest. - There should not and need not be any basic conflict between a system of labor-management relations and the Civil Service merit system. The merit system is and should remain the essential basis of the personnel policy of the Federal Govern- ment. The principlesof entrance into the career service on 6 the basis of open competition, selection on merit and fitness, and advancement on the same basis, together with the full range of legislative and executive pol- icies and regulations that make up the Civil Service system govern the essential character of each individual's employment. Collective dealing cannot vary these prin- ciples. It must operate within their framework. - The right of Federal employees to join organizations dealing collectively with management officials is matched by an equal right to refrain from any such activity. A more significant role for employee organizations within Federal agencies is warranted. The corollary is that they must expect to assume greater responsibilities. - The right and obligation of public officials to manage effectively must be preserved. The concept of managerial responsibility and the role of managers and supervisors in the public service needs to be strengthened and clarified. Features of the Order The Task Force's recommendations represented a balanced approach to what was practical, feasible, and desirable at that time. The principal features of the new program, as incorporated in the Order are: - Employees have the right to join or refrain from joining unions. (This is reaffirmation of the right given to postal employees by the Lloyd-LaFollette Act of 1912.) 7 - The right to serve as a leader or representative of an organization is limited in cases where such activity would result in a conflict of interest or otherwise be incompatible with law or the official duties of an em- ployee. - Recognition may be granted only to those organizations which do not assert the right to strike or participate in a strike against the Government, do not advocate the overthrow of the Government, and do not discriminate with regard to membership because of race, color, creed, or national origin. - The individual employee has the right to speak for him- self on matters of personal concern. - Recognition is granted according to representative strength. "Exclusive recognition" is granted to organi- zations representing a majority of the employees in an' appropriate unit of recognition. Exclusive carries with it the right to speak for all employees in the unit, and to negotiate a written agreement with management. "Formal recognition" is granted to an organization having at least 10% membership in a unit. This level of recog- nition carries with it the right to be consulted on per- sonnel matters affecting its members. "Informal recognition" is given to organizations with limited membership strength, and carries with it the right only to be heard. 8 - An "exclusive unit" may not include managers, personnel staff, and supervisors along with those supervised. Pro- fessional employees have a right to vote on whether they will be included in a unit with non-professionals. - Agencies must negotiate written agreements with organi- zations having exclusive; however, the obligation to negotiate does not extend to such areas of management discretion and policy as mission of the agency, its budget, its organization and the assignment of its personnel, or the technology of performing its work. - Agreements are subject to present and future laws, and agency and Commission regulations. - Management officials retain the right to manage and to take whatever actions may be necessary in an emergency. The Order provided a basic policy structure within which was left a large measure of flexibility necessary to put the program into effect. Respon- sibility for administering the program was assigned to the head of each department and agency. The Civil Service Commission was assigned respon- sibility for leadership, technical guidance, and training assistance to the agencies, for continuous evaluation of the program and, as necessary, for making recommendations to the President for its improvement. The Department of Labor was made responsible for providing technical services on issues involving the appropriateness of units for exclusive recog- nition and questions of majority status. 9 Standards of Conduct for Employee Organizations and a Code of Fair Labor Practices in the Federal Service, developed jointly by the Commis- sion and the Department of Labor, were issued by the President in May 1963. Environmental Factors in the Federal Program The Federal program has many similarities to labor relations in private industry. The aspirations of working people are much the same every- where. The responsibilities of Government supervisors and managers are not unlike those of their counterparts in private enterprise. Many of the unions representing employees in the Federal service also function in the private sector. In fact, unions affiliated with the AFL-CIO represent some 86% of all Federal employees covered by exclusive recog- nition. There are also many dissimilarities and many of these are based on special characteristics which affect the environment of labor relations in the Federal Government: Size and Diversity. The most obvious characteristic is the size and diversity of the Federal workforce. The program applies to 2 3/4 million employees, in 60-odd departments and agencies, with some 1800 principal offices and installations located all over the world. This number of offices does not include the 32,000 post offices and a host of smaller offices and duty stations in the other departments and agencies. The fact that the workforce is spread all over the world is not an academic consideration. As the employee-management program has unfolded, for example, significant problems have occurred relating to workers on the 10 Alaska Railroad, guards in the Panama Canal Zone, and teachers in the schools for military dependents in Western Europe. Federal agencies have formal dealings with over 130 different employee organizations. They include the craft and industrial unions active in the private sector and unions composed of government employees only, some of which exist in a particular department, such as in the Post Office Department and the Internal Revenue Service, and others which have membership across the Government. Congressional Relationships. A unique characteristic of the Federal service, too, is the important influence and direct participation of employee organizations in the legislative process. They long have testified before the committees of Congress on personnel legislation and have worked closely with committee staffs in offering their version of proposed bills. They hold large-scale rallies to influence legis- lation. And they have ready access to committees and Members of Congress to air their complaints and grievances, access which is guaranteed by the Lloyd-LaFollette Act of 1912. Statutory and Regulatory Policies and Controls. This long history of Congressional relationships is responsible, in part, for the extensive coverage by statute of the principal areas of Federal personnel policy and procedure. The basic rules governing hiring, pay, hours, leave, job classification, performance rating, fringe benefits, retirement, and major disciplinary actions are set by law in the Federal service. In most cases these are supplemented by Civil Service Commission 11 regulations -- and when drafting such regulations, Commission staff members consult extensively with employee organizations as well as agency management. Finally, the great size and spread of the principal departments and agencies has brought about departmental personnel pol- icies and procedures which further implement the laws and Commission regulations. No-Strike Provision. A principal characteristic in Federal labor're- lations has been the statutory ban on strikes. This is a long-standing policy that goes back to the Lloyd-LaFollette Act. Section 7311 of Title 5, United States Code, (derived from Public Law 330, 84th Congress, 1955) prohibits a Federal employee from striking, asserting the right to strike or belonging to an employee organization that he knows asserts the right to strike. Violation of the law is a felony punishable by a maximum fine of $1,000 or imprisonment for a year and a day, or both (18 U. S. C. 1918). Every Federal employee, except certain short-term workers, executes an affidavit as a condition of his appointment specifically renouncing the right to strike against the Government or to belong to an organization which asserts this right (5 U. S. C. 3333). Executive Order 10988 prohibits the recognition of an employee organiza- tion which asserts the right to strike or assists or participates in a strike against the Federal Government. This policy is amplified in the Code of Fair Labor Practices which prohibits a recognized employee organiza- tion from calling or engaging in any strike, work stoppage, slowdown, or picketing against a Government agency. 12 Status of the Program Today. Extent of Union Representation. In 1961, prior to the Order, there were 29 exclusive units in TVA and the Department of the Interior, covering an esti- mated 19,000 employees. As of November 1968, there are 2,305 exclusive units in 35 agencies, not counting local units in the postal field service, These units cover 1,416,073 employees, or 52% of the total Federal workforce (excluding FBI, CIA, and NSA, and foreign nationals serving outside the United States). In addition, there are 1,087 Formal recognitions and a similar number of In- formals. Exclusive and Formal recognition is held by 79 different national labor organizations, with thousands of local affiliates, 42 local independent unions, and 9 local unions directly affiliated with the AFL-CIO. Thus, agencies are dealing with 130 different employee organizations holding formal or exclusive recognition. Some are large in representative strength, others small, with a range from 453,155 employees represented on an exclusive basis by the American Federation of Government Employees to five employees repre- sented by the International Association of Siderographers. As of November 1968, 87% of all postal employees, 67% of wage system employ- ees, and 28% of Classification Act (or equivalent) employees in the Federal service were covered by exclusive recognition. Not counting supplemental agreements in the postal field service, unions had negotiated 1,181 agree- ments with agency management covering 1,175,524 employees, 43% of the work- force. The growth of exclusive recognition in the Federal service is shown by the following chart. 13 Growth of Exclusive Recognition Non-Postal % Gain Postal Mid- Employees in Non-Postal Employees in Total Year Exclusive Units Employees Exclusive Units Employees 1963 180,000 490,000 670,000 1964 231,000 28% 499,000 730,000 1965 320,000 39% 515,000 835,000 1966 435,000 36% 619,000 1,054,000 1967 (Nov.) 630,000 45% 609,000 1,239,000 1968 (Nov.) 798,000 27% 619,000 1,416,000 Of the 1,416,000 employees covered by exclusive recognition, 1,220,000 (86%) are represented by unions affiliated with the AFL-CIO, and 90% of the employ- ees covered by negotiated agreements are represented by AFL-CIO affiliated unions. Union Representation in the Post Office Department. The percentage of union representation in the Post Office Department has been about the same since 1962 because the Department was already fully organized when the Order went into effect. The Task Force estimated in 1961 that 84% of employees in the postal field service were union members -- the highest percentage in Govern- ment. Exclusive recognition at the national level in the Post Office Department as of November 1968 is as follows: 14 No. of Employees % of postal covered by workforce in Union Exclusive Exclusive Unit United Federation of Postal Clerks (AFL-CIO) 304,026 43% National Association of Letter Carriers (AFL-CIO) 196,416 28% National Association of Post Office Mail Handlers, Watchmen, Messengers and Group Leaders (AFL-CIO) 45,966 6% National Rural Letter Carriers' Association (Ind) 30,906 4% National Association of Post Office and General Services Maintenance Employees (AFL-CIO) 23,348 3% National Federation of Post Office Motor Vehicle Employees (AFL-CIO) 11,915 2% National Association of Special Delivery Messengers (AFL-CIO) 5,985 1% The seven organizations listed above are signatory to a National Agree- ment. Each organization represents those craft or occupational employees in units, established at the national level, for which that organization has been certified by the Department as the exclusive representative. The units established cover employees in post offices and other field activities which are engaged in mail processing and/or delivery opera- tions. The National Agreement was first negotiated and signed on April 1, 1963, renegotiated June 18, 1964, renegotiated August 31, 1966, and again on February 9, 1968. In addition to the national exclusives, there are at the local level 24,608 local exclusive units, 7,834 local formal units, and approximately 6,100 local agreements. 15 Union Dues Withholding. The Commission's regulations authorize agencies to enter into dues withholding agreements with employee organizations elig- ible for formal or exclusive recognition under Executive Order 10988. Dues are withheld and remitted to an organization for those of its members who have voluntarily filed an allotment authorization with the payroll office. The organizations pay the administrative cost to the Government, which has been set at 2¢ per deduction. A Commission study of the operation of this program, made in January 1968, found that there were 1,762 dues withholding agreements in effect with 76 separate employee organizations. At that time, 811,366 employees were paying dues through payroll deduction, in a projected annual amount totaling $23,268,000. The following tables break this data down by agencies and employee organizations having 25,000 or more employees on voluntary payroll deduction: Agency Employees Making Dues Allotments Agency No. Employees Annual Dues (Projected) Post Office 448,545 $12,096,428 Army 77,202 2,231,867 Navy 75,306 2,883,132 Air Force 60,333 1,820,060 Veterans Administration 49,476 1,301,315 All Others 100,504 2,934,832 Total 811,366 $23,267,634 Organization Members on Dues Withholding Organization No. Members Annual Dues (Projected) AFGE (Govt. Empls.) 217,897 $6,245,372 NALC (Letter carriers) 157,173 4,539,698 UFPC (Postal clerks) 125,159 3,667,816 NPU (Postal union) 58,489 1,341,010 NFFE (Federal Empls.) 32,413 610,767 NAPS (Postal supervisors) 27,852 752,460 NAGE (Govt. Empls.) 27,566 836,139 NAPFE (Postal Empls.) 25,210 653,404 All Others 139,607 4,620,968 Total 811,366 $23,267,634 16 Unit and Majority Determinations. Union representation through exclusive recognition requires a specific delineation of the employees included in an exclusive unit. An appropriate unit may be established on any plant or installation, craft, functional or other basis which will ensure a clear and identifiable community of interest among the employees concerned. The process of unit determination can involve serious disagreement since the nature of the unit deemed appropriate in a particular instance may, for the union, affect its ability or the relative ability of rival unions to win representation rights and, for the employer, affect the number of unions with which it will deal and the compatibility of the labor rela- tions structure with other aspects of managing the workforce. In the Federal program, advisory arbitration is available through the Secretary of Labor for the resolution of such disputes and questions in- volving determination of the majority representative. Although 2,300 ex- clusive units have been established in non-postal establishments, and 24,600 such units in the postal field service, the overwhelming majority of unit and majority determinations have been made cooperatively by the agencies and unions involved without resort to third-party assistance. Since 1962, the Labor Department has received 240 requests, of which 120 were withdrawn or dismissed; 74 advisory arbitration decisions were furnished, and 30 administrative rulings and reports were issued on repre- sentation and election questions. Without exception, all advisory arbitra- tion decisions and administrative rulings in such cases have been accepted by the agency head involved. 17 Negotiating Agreements. Although the scope of negotiations is bounded by a substantial body of personnel laws, regulations and management rights, the agreements negotiated in the Federal program may deal with a wide range of matters. The matters covered in a particular agreement depend pretty much on the size and type of unit, the nature of the work performed by the em- ployees, and the interests of the parties. Some agreements contain only a few elementary provisions: identification of the parties, a description of the representation unit, a statement of mutual rights and responsibil- ities, perhaps a grievance procedure, and an agreement termination and renewal section. Others cover a great variety of matters and, except for basic economic items such as pay, hours, fringe benefits and retirement benefits, are not unlike labor contracts in private industry. One agency's analysis of provisions in its nearly 300 agreements found that they cor- related into 33 broad categories, 151 subcategories and 104 elements -- roughly 250 different types of agreement provisions. Some substantive areas commonly covered are: - Hours of work (workweek, shifts, rest periods) - Overtime (equitable distribution, call-back arrangements) - Premium pay (hazardous work, dirty work, standby time) - Leave (vacation scheduling, emergency leave, official time off) - Working conditions (work clothing, tools, cleanyp time, parking privileges) - Safety and industrial health (policy, facilities) - Training (apprenticeships, technological change) - Promotion and Detail (procedures for selection) - Discipline (policy, procedures) - Grievance and Appeals procedures - Advisory arbitration Procedures developed by the parties for resolving impasses include joint, factfinding committees, mediation by mutually-agreed third parties, and 18 referral for consideration by agency and union officials at higher echelons. (The latter is the procedure used in Post Office Department local negotia- tions.) Beginning in 1965, the Federal Mediation and Conciliation Service has made its services available on a limited, experimental basis to assist in resolving impasses. It has assigned mediators, upon joint request of the parties, in about 40 cases; of the 34 cases closed virtually all were resolved satisfactorily by the parties following FMCS assistance, On-site evaluation/of program operations by Commission inspectors during the past three years covered some 300 non postal establishments in which agreements had been negotiated. Their findings, based upon separate dis- cussions with management and union officials, indicate that about 85% of negotiations are consummated by the parties without serious disagreement or impasse. Experience during 1968 reported by the Department of the Army showed that 44 new agreements were negotiated and 71 agreements renegotiated with only 3 impasses reaching the command level. In the Department of the Navy, there were 70 new agreements and 80 renegotiated agreements with 11 impasses reaching Navy headquarters, 8 of which were referred to FMCS. In the Veterans Administration, there were 36 new agreements and 17 renego- tiated agreements, with 8 impasses reaching higher levels in the agency. Grievances and Advisory Arbitration. Under the present program, negotiated grievance procedures must conform to standards issued by the Civil Service Commission and may include provisions for advisory arbitration, with the parties sharing arbitration costs. A substantial proportion of the agree- ments include such provisions. Of the thousands of individual grievances 19 each year, less than 100 have gone to arbitration since the program's in- ception. An analysis of the first 62 grievance arbitrations reported to the Commis- sion showed that the subject matter ranged through 15 categories, but one- half the cases were concentrated in just three: disciplinary actions, promotion procedures, and administration of overtime. Of the 62 advisory awards, management's decision was upheld in 36, and 26 favored the union position. Management accepted and implemented all but 4 of the advisory awards to unions; 2 of these, involving pay, were rejected because they could not be effected legally. Employee Unrest, Strikes and Picketing The Federal service has been almost totally free of strikes and picketing since Executive Order 10988. There has been only one clear case of a strike. This was in August 1962, and involved 81 sheet metal workers at the Tennessee Valley Authority. The striking employees were discharged. There has been only one clear case of picketing in violation of the Code of Fair Labor Practices. This was in March 1968 and involved 25 employees of the Weather Bureau, Department of Commerce, in the New York City area. The union's recognition was withdrawn and its dues withholding agreement canceled. Disciplinary action was taken against individual employees in accordance with the agency's regulations. There have been about a dozen other overt incidents potentially involving a strike or picketing which were averted or contained by management or union action. On the whole, it is a remarkable record of responsible 20 labor-management relations, and reflects great credit upon the unions, employees and Federal officials for their respect for law and the public service to which they are committed. In union conventions during 1968, five organizations removed the no-strike pledge from their national constitutions, another voted to support strikes "as a last resort", and another voted to explore legal means for obtaining the right to strike. These actions are seen as a significant protest against some policies and arrangements in the program which the unions believe warrant adjustment to strengthen their status in the labor- management relationship. Program Accomplishments While there is current dissatisfaction with some program arrangements, it is generally recognized by both labor and management that the program established by E. O. 10988 has essentially been beneficial to all concerned in the Federal service. - Communication with employees and their participation in determining conditions of employment has greatly improved. - There have been substantive improvements on a number of matters, such as work scheduling, safety practices, and control of absenteeism. - Some poor supervisory practices have been identified and corrected. - Grievance handling is generally better, although more needs to be done on this. 21 - Unions have grown and stabilized, largely through the voluntary payroll deduction facility, and are thereby better equipped to represent employees. The program certainly has not been without excesses and abuses -- on both sides. Overall, the great growth in exclusive recognition, the intensity of organizing activity and inter-union competition for representation rights, increasing difficulty in negotiating and administering agreements, and the growing dissatisfaction of both agencies and unions with various elements of the program resulted in the Commission recommending to the President in 1967 that he direct a public study of the program with a view to making adjust- ments necessary to update program arrangements to make them suitable to modern conditions. Review and Adjustment of the Federal Program A high-level Presidential Review Committee, appointed in September 1967 and assisted by a panel of experts from outside the Government, conducted an extensive study for this purpose. The Committee held public hearings in Washington, receiving oral and written testimony from about 100 agency, union, and public spokesmen. A wide variety of possible changes were con- sidered and a draft report and recommendations was prepared. The draft report did not receive Committee approval and, therefore, was not submitted to the President before the change in Administration. An unofficial draft of the report was released, as information, by the former Secretary of Labor in January 1969. 22 The need for program change appeared to center on six major areas: - Revision in the multiple forms of recognition authorized, and improved criteria for appropriate units and con- sultation and negotiation rights. - An enlarged scope of negotiation and better rules for ensuring that it is not arbitrarily or erroneously limited by management representatives. - Third party processes for resolving disputes on unit and election questions, for investigation and resolution of complaints under the Standards of Conduct for Employee Organizations and Code of Fair Labor Practices, for assistance on negotiation problems and the final resolution of impasses, and for the final resolution of grievances. - Clarification and improvements in the status of supervisors. - Improved union security measures, and financial reporting and disclosure requirements. - A central body to administer the program and make final decisions on policy questions and disputed matters. Top priority has been assigned by the present Administration to an evaluation of the Federal program and the unfinished work of the former Review Committee, under the leadership of the Chairman of the Civil Service Commission. Excellent progress is being made by the work group, and it is anticipated that recommendations for improvements in Executive Order 10988 will be made to the President in the near future. FEDERAL TIMES The Weekly Newspaper for Civilians in Government FORD is LIBRARY 07V339 Vol. 5, No. 11 MAY 14, 1969 25 D.C. Metro Edition 25 lope Dims for Higher Raises - Additional Postal Hike In Fall? By Mike Conlan WASHINGTON-Time and circumstance have apparently ruled out any hope of higher postal pay raises before the 4.1 per cent average increase takes effect on July 1. But Rep. Arnold Olsen, D-Mont., chief sponsor of such legislation, remains optimistic that postal workers will receive additional raises by the fall. Meanwhile an even more opti- mistic prediction, that a congres- (See HOPE, Page 28) -MAY 14, 1969 Hope Dims For Higher July Hikes (Continued from Page 1) sional subcommittee would ap- prove legislation ending Capitol Hill's direct control over pay raises, was made by a postal union leader. James Rademacher, president of the more than 200,000-member Na- tional Association of Letter Car- riers, said last week the House com- pensation subcommittee would work out a new method of setting Day that would include binding arbitration. It would involve recommenda- tion submitted by the administra- tion and unions to an independent panel of arbitrators. Rademacher also mentioned the fall as the prob- able target date for additional postal pay raises. Olsen expressed his optimism in letters to a union leader and the editor of this paper. They said in part: "I would hope the July 1 pay in- creases will be in effect before we have any pay increase action. I also hope hearings on compensa- tion will begin early so that addi- tional increases could be realized before Congress adjourns in the fall." The letter to the union leader, Nathan T. Wolkomir, president of the National Federation of Feder- al Employes, presumably was an effort to ally fears of non-postal unions that the higher pay issue would jeopardize the government- wide increases. Olsen, who earlier this year kicked off the pay fight by intro- ducing legislation that would give workers in postal field service lev- els 1-6 a one level promotion, was scheduled this week to offer an even more ambitious bill. It re- portedly would promote all 725,000 postal employes by one level. The bill àimed at upgrading the entire postal field service was view- ed by some observers as an effort to broaden support for higher pos- tal pay. It would bring in employes in PFS levels 7-21 and groups such as the National Association of Pos- tal Supervisors. But Olsen's new effort was not received with great enthusiasm' by Rademacher. The powerful labor chieftan said, "The problem of pay will never be resolved by merely upgrading lettercarriers; as long as they are linked with GS-5 the problem will remain." 5 7301 EMPLOYEES Ch. 73 EXECUTIVE ORDER NO. 10068 Jan. 18, 1962, 27 F.R. 551 EMPLOYEE-MANAGEMENT COOPERATION IN THE FEDERAL SERVICE WHEREAS participation of employees action, consistent with law, as may be in the formulation and implementation required in order to assure that em of personnel policies affecting them con- ployees is the agency are apprised tributes to effective conduct of public the rights described in this section, as business; and that no interference, restraint, coercion discrimination is practiced within such WHEREAS the efficient administration of the Government and the well-being agency to encourage or discourage mem of employees require that orderly and bership in any employee organization. constructive relationships be maintained (b) The rights described in this section between employee organizations and man- do not extend to participation in th agement officials: and management of an employee organization WHEREAS subject to law and the para- or acting as a representative of any such mount requirements of the public service, organisation, where such participation or amployee-management relations within the activity would result in a conflict of inter Federal service should be improved by est or otherwise be incompatible with la providing employees an opportunity for or with the official duties of an em greater participation in the formulation ployee. and implementation of policies and pro- Sec. 2. When used in this order, the cedures affecting the conditions of their term "employee organization" means any employment; and lawful association, labor organisation WHEREAS effective employee-manage- federation. council, or brotherhood havin ment cooperation in the public service as a primary purpose the improvement requires a clear statement of the re- of working conditions among Federal em spective rights and obligations of em- ployees, or any eraft, trade or industria ployee organizations and agency manage- union whose membership includes both ment: Federal employees and employees of pri- vate organizations; but such term shall NOW, THEREFORE, by virtue of the not include any organization (1) which authority vested in me by the Constitu- asserts the right to strike against the tion of the United States, by section 1753 Government of the United States or any of the Revised Statutes (5 U.S.C. [former] agency thereof, or to assist or participate 631) [now this section and section 3301 of in any such strike, or which imposes a this title], and as President of the duty or obligation to conduct, assist or United States, I hereby direct that the participate in any such strike, or (2) following policies shall govern officers and which advocates the overthrow of the agencies of the executive branch of the constitutional form of Government in Government in all dealings with Federal the United States, or (3) which discrimi- employees and organisations representing nates with regard to the terms or con- such employees. dition of membership because of race, Section 1. (a) Employees of the Fed- color, creed or national origin. eral Government shall have, and shall be protected in the exercise of, the right, Ser 3 (a) Agencies shall accord in- freely and without fear of penalty or formal, formal or exclusive recognition to reprical. to form, join and assist any em- employee organizations which request ployer organisation or to refrain from any such recognition in conformity with the such activity. Except as hereinafter ex- requirements specified in sections 4, 5 pressly provided, the freedom of such em- and 6 of this order, except that no recog- ployees to assist any employee organisa- nition shall be accorded to any employee tion shall be recognized as extending to organisation which the head of the agency participation in the management of the considers to be 80 subject to corrupt in- organization and acting for the organ- fluences or influences opposed to basic ization in the capacity of an organization democratic principles that recognition representative, including presentation of would be inconsistent with the objectives of this order. its views to officials of the executive branch, the Congress or other appropriate (b) Recognition of an employee organi- authority. The head of each executive de- zation shall continue so long as such partment and agency (hereinafter re- organization satisfies the criteria of this ferred to as "agency") shall take such order applicable to such recognition; but 300 73 REGULATION OF CONDUCT 5 § 7301 hing fn this section shall require any Sec. 5. (a) An agency shall accord an gency to determine whether an organi- employee organization formal recognition tion should become or continue to be as the representative of its members in a cognized as exclusive representative of unit as defined by the agency when (1) he employees in any unit within 12 no other employee organization is quali- onths after a prior determination of fied for exclusive recognition as repre- clusive status with respect to such unit sentative of employees in the unit, (2) has been made pursuant to the provisions it is determined by the agency that the of this order. employee organization has a substantial and stable membership of no less than (c) Recognition, in whatever form ac- 10 per centum of the employees in the corded, shall not- unit, and (3) the employee organization (1) preclude any employee, regardless has submitted to the agency a roster of of employee organization membership, its officers and representatives, a copy of from bringing matters of personal con- its constitution and by-laws, and a state- cern to the attention of appropriate ment of objectives. When, in the opinion officials in accordance with applicable law, of the head of an agency, an employee rule, regulation, or established agency organization has a sufficient number of policy, or from choosing his own repre- local organizations or a sufficient total sentative in a grievance or appellate ac- membership within such agency, such tion; or organization may be accorded formal recognition at the national level, but (2) preclude or restrict consultations such recognition shall not preclude the and dealings between an agency and any agency from dealing at the national level veterans organization with respect to with any other employee organisation on matters of particular interest to em- matters affecting its members. ployees with veterans preference: or (b) When an employee organization has (3) preclude an agency from consulting been formally recognized, the agency, or dealing with any religious, social, through appropriate officials, shall con- fraternal or other lawful association, not sult with such organization from time qualified as an employee organization, to time in the formulation and implemen- with respect to matters or policies which tation of personnel policies and prac- involve individual members of the asso- tices, and matters affecting working con- ciation or are of particular applicability ditions that are of concern to its mem- to it or its members, when such eonsul- bers. Any such organization shall be en- tations or dealings are duly limited 80 as titled from time to time to raise such not to assume the character of formal matters for discussion with appropriate consultation on matters of general em- officials and at all times to present its ployee-management policy or to extend views thereon in writing. In no case, to areas where recognition of the interests however, shall an agency be required to of one employee group may result in consult with an employee organization discrimination against or injury to the which has been formally recognised with interests of other employees. respect to any matter which, if the em- ployee organisation were one entitled Sec. 4. (a) An agency shall accord an to exclusive recognition, would not be employee organization, which does not included within the obligation to meet qualify for exclusive or formal recogni- and confer, as described in section 6(b) tion. informal recognition as representa- of this order. tive of its member employees without re- to whether any other employee or- Sec. 6.4 (a) An agency shall recognize ganization has been accorded formal or an employee organization as the exclusive clusive recognition as representative of representative of the employees, in an some or all employees in any unit. appropriate unit when such organiza- tion is eligible for formal recognition 1.) When an employee organization pursuant to section 5 of this order, and been informally recognized, it shall, has been designated or selected by a he extent consistent with the efficient majority of the employees of such unit as orderly conduct of the public busi- the representative of such employees in be permitted to present to appro- such unit. Units may be established on officials its views on matters of any plant or installation, craft, func- ern to its members. The agency need tional or other basis which will ensure a however, consult with an employee clear and identifiable community of in- nization so recognized in the formula- terest among the employees concerned, of personnel or other policies with but no unit shall be established solely on ect to such matters. the basis of the extent to which employees 301 Ch. 73 REGULATION OF:CONDUCT § 7301 agreements or agency policy; and (3) propriateness of a unit for purposes of shall be invoked only with the approval exclusive recognition and as to related of the individual employee or employees issues submitted for consideration; (2) to concerned. conduct OF supervise an election or other- wise determine by such means as may Sec. 9. Solicitation of memberships, be appropriate, and on an advisory basis, dues, or other internal employee organi- whether an employee organisation repre- zation business shall be conducted dur- sents the majority of the employees in a ing the non-duty hours of the employees unit. Consonant with law, the Secretary concerned. Officially requested or ap- of Labor shall render such assistance as proved consultations and meetings be- may be appropriate in connection with tween management officials and repre- advisory decisions or determinations un- sentatives of recognized employee organi- der this section, but the necessary costs sations shall, whenever practicable, be of such assistance shall be paid by the conducted on official time, but any agency agency to which it relates. In the event may require that negotiations with an questions as to the appropriateness of a employee organisation which has been ac- unit or the majority status of an em- corded exclusive recognition be conducted ployee organization shall arise in the during the non-duty hours of the em- Department of Labor, the duties described playee organization representatives in- in this section which would otherwise be volved in such negotiations. the responsibility of the Secretary of Sec. 10. No later than July 1, 1962, the Labor shall be performed by the Civil head of each agency shall issue ap- Service Commission. propriate policies, rules and regulations Sec. 12. The Civil Service Commission for the implementation of this order. in- shall establish and maintain a program to teding: A clear statement of the rights assist in carrying out the objectives of of its employees under the order; policies this order. The Commission shall develop and procedures with respect to recognition a program for the guidance of agencies in of employee organizations: procedures employee-management relations in the for determining appropriate employee Federal service; provide technical advice inits; policies and practices regarding to the agencies on employee-management maultation with representatives of em- programs; assist in the development of loyee organizations, other organizations programs for training agency personnel in ad individual employees; and policies the principles and procedures of consul- 4th respect to the use of agency facilities tation, negotiation and the settlement of employee organizations. Insofar as disputes in the Federal service, and for say be practicable and appropriate, the training of management officials in the rencies shall consult with representatives discharge of their employee-management employee organizations in the formu- relations responsibilities in the public in- ation. of these policies, rules and regula- terest; provide for continuous study and one. review of the Federal employee-manage- Rec. 11. Each agency shall be respon- ment relations program and, from time ble for determining in accordance with to time, make recommendations to the his order whether a unit is appropriate President for its improvement. purposes of exclusive recognition and, Sec. 13. (a) The Civil Service Com- an election or other appropriate means, mission and the Department of Labor hether an employee organization repre- shall jointly prepare (1) proposed stand- nts a majority of the employees in such ards of conduct for employee organiza- unit 80 as to be entitled to such tions and (2) a proposed code of fair labor ecognition. Upon the request of any practices in empleyee-management rela- gency, or of any employee organization tions in the Federal service appropriate hich is seeking exclusive recognition and to assist in securing the uniform and hich qualifies for or has been accorded effective implementation of the policies, ermal recognition, the Secretary of La- rights and responsibilities described in or, subject to such necessary rules as he this order. way prescribe, shall nominate from the cational Panel of Arbitrators maintained (b) There is hereby established the the Federal Mediation and Conciliation President's Temporary Committee on the ervice one or more qualified arbitrators Implementation of the Federal Employee- no will be available for employment by Management Relations Program, The be agency concerned for either or both of Committee shall consist of the Secretary ise following purposes, as may be re- of Labor, who shall be chairman of the wired: (1) to investigate the facts and Committee, the Secretary of Defense, the sue an advisory decision as to the ap- Postmaster General, and the Chairman of 303 5 § 7301 EMPLOYEES Ch. 73 in the proposed unit have organized. the head of the agency or an official Except where otherwise required by es- designated by him. All agreements with tablished practice, prior agreement, or such employee organizations shall also special circumstances, no unit shall be be subject to the following requirements, established for purposes of exclusive which shall be expressly stated in the recognition which includes (1) any mana- initial or basic agreement and shall be gerial executive, (2) any employee engaged applicable to all supplemental, implement- In Federal personnel work in other than ing. subsidiary or informal agreements R purely clerical capacity, (3) both super- between the agency and the organization: visors who officially evaluate the per- (1) In the administration of all matters formance of employees and the employees covered by the agreement officials and whom they supervise; or (4) both pro- employees are governed by the provisions fessional diaployees and nonprofessional of any existing or future laws and regu- employees unless a majority of such lations. including policies set forth in professional employees vote for Inclusion the Federal Personnel Manual and agency is such unit. regulations, which may be applicable, and (b) When an employee organization has the agreement shall at all times be applied been recognized as the exclusive represen- subject to such laws, regulations and tative of employees of an appropriate policies; unit It shall be entitled to act for and to megotiate agreements covering all em- (2) Management officials of the agency pleyees in the unit and shall be responsi- retain the right, in accordance with ap- bis for representing the interests of all plicable laws and regulations, (a) to such employees without discrimination direct employees of the agency, (b) to and without regard to employee organisa- hire, promote, transfer, assign, and retain tion membership. Such employee organ- employees in positions within the agency, isation shall be given the opportunity to and to suspend, demote, discharge, or be represented at discussions between take other disciplinary action against employees, (e) to relieve employees from management and employees or employee duties because of lack of work or for representatives concerning grievances, other legitimate reasons, (d) to main- personnel policies and practices, or other tain the efficiency of the Government op- matters affecting general working condi- erations entrusted to them, (e) to deter- tions of employees in the unit. The mine the methods, means and personnel agency and such employee organization, by which such operations are to be con- through appropriate efficials and repre- sentatives, shall meet at reasonable times ducted; and, (f) to take whatever actions may be necessary to carry out the mission and confer with respect to personnel policy and practices and matters affect- of the agency in situations of emergency. ing working conditions, so far as may Sec. 8. (a) Agreements entered into or be appropriate subject to law and policy negotiated in accordance with this order requirements. This extends to the nego- with an employee organisation which is tiation of an agreement, or any ques- the exclusive representative of employees tion arising thereunder, the determination in an appropriate unit may contain pro of appropriate techniques, consistent with visions, applicable only to employees in the terms and purposes of this order, to the unit, concerning procedures for con- assist to such negotiation, and the exe- sideration of grievances. Such proce- cution of a written memorandum of dures (1) shall conform to standards agreement or understanding incorporating issued by the Civil Service Commission any agreement reached by the parties. and (2) may not in any manner diminish Ia exercising authority to make rules and or impair any rights which would other regulations relating to personnel policies wise be available to any employee in the and practices and working conditions, absence of an agreement providing for agencies shall have due regard for the such procedures. obligation imposed by this section, but such obligation shall not be construed to (b) Procedures established by an agree ment which are otherwise in conformit extend to such areas of discretion and policy as the mission of an agency, its with this section may include provisions for the arbitration of grievances. Such budget, its organization and the assign- ment of its personnel, or the technology arbitration (1) shall be advisory in na ture with any decisions or recommends of performing its work. tions subject to the approval of the Sec. 7. Any basie or initial agreement agency head: (2) shall extend only t entered into with an employee organisa- the interpretation or application of tion as the exclusive representative of agreements or agency policy and not to employees in a unit must be approved by changes in or proposed changes 302 7301 EMPLOYEES Ch. # the Civil Service Commission. In addition sections 3815(b), TE12(s), (b), and THE to such other matters relating to the of- this title]. Any receumendation by implementation of this order as may be the Civil Service Commission submittes referred to it by the President, the Com- to the head of an agency on the bases mittee shall advise the President with of an appeal by an employee in the com respect to any problems arising out of petitive service shall be complied with completion of agreements pursuant to by the head of the agency. This section sections $ and 4, and shall receive the shall become effective as to all advers proposed standards of conduct for em- actions commenced by issuance of a not) pleyee organisations and proposed code of fication of proposed action on or after fair labor practices tn the Federal service. July 1, 1962. as described in this section, and report Sec. 15. Nothing in this order shall thereen to the President with such recom- construed to annul or modify, or to pro mendations or as it may clude the renewal or continuation of, as deem appropriate. Consonant with law, lawful agreement heretofore entered last the departments and agencies represented between any agency and any represents on the Committee shall, as may be neces- tive of its employees. Nor shall this orde Bary for the effectuation of this section, preclude any agency from continuing furnish assistance to the Committee in consult or deal with any representative accordance with section 214 of the Act of of its employees or other organisation May or 1945. $ Stat. 134 (31 U.S.C. 601) prior to the time that the status and (section 691 of Title 31, Money and representation rights of such represents Finance]. Unless otherwise directed by tive or organization are determined the President, the Committee shall cease conformity with this order. to exist ao days after the date on which it submits its report to the President pur- See. 16. This order (except section 14 suant to this section. shall not apply to the Federal Bureau of Investigation, the Central Intelligence Sec. 14. The head of each agency, in Agency, or any other agency, or to any accordance with the previsions of this office, bureau or entity within an agency order and regulations prescribed by the primarily performing intelligence, invest) Civil Service Commission, shall extend gative, or security functions if the head to all employees in the competitive civil of the agency determines that the pro- service rights identical in adverse action visions of this order cannot be applied cases to those provided preference eligi- in a manner consistent with national bles under section 14 of the Veterans' security requirements and considerations. Preference Act of 1944, as amended [for- When he deems it necessary in the mer section 863, now sections 3315(b), national interest, and subject to such 7512(a), (b), and 7701, of this title]. Each conditions as he may prescribe, the head employee in the competitive service shall of any agency may suspend any pro- have the right to appeal to the Civil vision of this order (except section 14) Service Commission from an adverse deci- with respect to any agency installation sion of the administrative officer so act- or activity which is located outside of ing. such appeal to be processed in an the United States. identical manner to that provided for ap- peals under section 14 of the Veterans' Approved-January 17th, 1962. Preference Act [former section 863, now JOHN F. KENNEDY EXECUTIVE ORDER NO. 11001 Ord. No. 11091, Feb. 26, 1963, 28 F.R. participation in the formulation of Da 1943, directed the Civil Service Commis- tional and regional manpower policies as tion to prepare national emergency plans the representative of the Federal Gov. and develop preparedness programs, con- ernment as an employer; the establish cerning Federal civilian employees, cov- ment of implementing policies and pro ering the personnel system; personnel cedures for Federal personnel as neces utilization; manpower administration; sary: and related activities, all designed wage and salary stabilization; emer- to develop a state of readiness in the gency personnel management and staffing areas with respect to all conditions of assistance to Federal agencies; recruiting national emergency, including attack activities: reassignment or transfer; a upon the United States. national postattack registration system; Code of Ethics for Government Service deferment of employees from military House Concurrent Resolution No. 175 service; investigative requirements and July 11, 1958, 72 Stat. B12 provided that procedures; the Employee Retirement "Resolved by the House of Represents System; the employees group life in- tives (the Senate concurring), That it surance and health benefit programs; the sense of the Congress that the follow 304 Udall Tells OPEDA Pay Policy Woes WASHINGTON Morris K. vice president; William J. Ralston, Udall, D-Ariz., has told the Organ- professional vice president; Harley ization of- Professional Employes A. Daniel, public service vice presi- of the Department oi Agriculture dent; and Mrs. Prudence J. Thom- (OPEDA) that he does not know as, secretary-treasurer. All are exactly where the federal compen- from Washington, except Daniel sation and salary system is going. who is from Beltsville, Md. Udall, chairman of the subcom- Named to the national board mittee on compensation of the were: Dr. Lewis P. McCann, imme- House Post Office and Civil Serv- diate past president; Robert M. Committee, said he hoped that Beeman, Portland, Ore.; William a "permanent, more rational, more H. Conway Jr., Kansas City, Mo.; orderly solution" to the problem of Donald de Fremery, Albany, Cakf.; federal salaries could be found. He Also, Lois L. Gardiner, Ogden said it was time a decision was W. Greene and Rose S. Musumeci, made. Washington, D.C.; Harold M. Kautz, The Arizona congressman was Fort Worth; and Ralph J. Ries, the keynote speaker at OPEDA's Madison, Wis. three-day, biennial convention at College Park, Md. OPEDA ALSO adopted the fol- Udall, one of the architects of lowing resolutions: the three-step salary increases to- That a study be made of and a ward comparability, said that with- referendum be held on Executive out the three-year system (1967- Order 10988 to get the members' 69), this year's 8 to 9 per cent opinions on the alternatives on the salary increase would not have role of both national OPEDA and been effected. individual chapters regarding EO "It would have all gone down 10988. the drain," he said. "There wouldn't be a pay bill this year That Congress enact legislation with the budget-cutting on, with to provide for automatic salary in- the administration desperately creases in succeeding years. trying to cut out another four That payment for overtime and or five billion dollars." compensatory time be applied uni- Udall did not foresee legislation formly between and within agen- cies. to enact an annual system of auto- matic pay increases. Most federal That at least 600 super grades employe organizations oppose. this be authorized. kind of plan, according to Udall. That per diem rates be set to Udall mentioned three other reflect the actual cost of travel. items getting or likely to get con- That legislation be enacted plo- gressional attention this year. viding for survivor benefits to wid. Retirement: "I can predict, I owers whose wives die in the serv- think without too much difficulty, ice. the bill will pass both houses and That Congress take, the necessary become law this year." steps to make the Civil Service Re- Per diem: The bill increasing per tirement Fund actuarially sound. diem to $22 "should be higher, but at least this is a step forward." That the federal government He said the bill has gone to the gradually assume the entire cost Senate committee. of health insurance premiums. Supergrades: He said he hoped That adjustment be made in the Republican administration Medicare so as to cover retired would see the need for additional civil service employes. supergrades, especially with new departments and programs. OPEDA presented two awards at its convention. AT THE CONVENTION the fol- Rep. Udall received the organ- lowing new officers were elected: ization's first special public service William E. Shaklee, president; award for his work in effecting pay Roy W. Olson, executive vice presi- comparability and in encouraging FORD & LIBRARY GERALD dent; Irving R. Starbird, economic professional- employes to organize. Congr. Raise February 19, 1969 CONGRESSIONAL RECORD HOUSE H1069 alone have nearly wiped out ordinary measles rarely on one simple issue but are usually not taking any action at all. I think this in both children and adults. The first Ger- complex. In the 1964 civil rights bill. as aspect of the recent pay boost con- man measles vaccine supplies will be limited, furthermore, and "probably 00 per cent" of an example, I favored two important sec- troversy, more than any other, upset the all U.S. women are probably immune to Ger- tions but opposed others. You always people back home. I agree with them and man measles today. The vaccine would be have to weigh the pro and con and vote did all I could in 1967 but, like so many wasted on them. accordingly. In this case, I was abso- other areas, must frankly admit I failed Will there be a 1970 epidemic? Possibly, lutely certain it was necessary to vote to stop the steam roller. believe some public health experts, because against it just as I did in the 1964 civil peaks of the disease recur in a six-to-nine- rights bill. year cycle. "I'd predict not," Krugman said. To Mr. Feasel's letter, I sent the fol- (Mr. ASHBROOK asked and was given "But I may have to eat my words." lowing reply on November 16, 1967: permission to extend his remarks at this point in the RECORD and to include ex- The so-called quadrennial commission was The SPEAKER pro tempore. Under totally objectionable. I have always told my traneous matter.) a previous order of the House, the gen- friends in the postal service that I would [Mr. ASHBROOK'S remarks will ap- tleman from Minnesota (Mr. QUIE) is support pay increase legislation if it did not pear. hereafter in the Extensions of include Members of Congress and top gov- recognized for 15 minutes. Remarks.] ernment officials. This was a backdoor ap- [Mr. QUIE addressed the House. His proach which I think was absolutely wrong. remarks will appear hereafter in the Ex- Everybody who voted for the bill was in THREAT TO SOYBEAN PRODUCERS tensions of Remarks.] effect voting for a substantial pay incerase to top government employees at a time when (Mr. MICHEL asked and was given we are running a $30 billion deficit. For this permission to extend his remarks at this "NO" VOTE IS RECALLED reason, more than any other, I made every point in the RECORD and to include effort to separate this provision from the extraneous matter.) (Mr. ASHBROOK asked and was given bill and when it failed, I voted against it on Mr. MICHEL. Mr. Speaker, those of us permission to extend his remarks at this final passage. in the Congress representing soybean point in the RECORD, and to include ex- All right, I took the heat on my vote producing areas have been greatly con- traneous matter.) and probably made a few friends mad. cerned over a report that the European Mr. ASHBROOK. Mr. Speaker, in the I will now ask these friends and my con- Economic Community is about to propose past I have received a great deal of criti- stitutents who was right and who was a tax on oilseeds and oilseed prod- cism for voting "no" on many of the bills wrong on this issue? On October 11, ucts. Such a tax would have a serious which come before this body. I am frank 1967, the House of Representatives had impact on farm income as well as the to say that I have voted against most of H.R. 7977 before it. It was a pay increase U.S. balance of payments and I wrote the programs which have made it nec- bill but It also had this quadrennial letters to the Secretary of Agriculture essary to increase taxes, raise debt ceil- commission tagged on to it. I imme- and the Secretary of State expressing my ings, and run the Nation's business into diately. understood exactly what it concern and urging that every effort be deeper debt all of the time. would do-it would give a backdoor pay made to impress upon the EEC the seri- Recently, the Congress has received boost to top officials without a vote of ous nature of this threat. criticism about the Federal pay increases. the Members of Congress. We en- I was pleased to receive a response While I have always felt that the Presi- deavored to have this section removed from the Acting Secretary of Agricul- dent's salary should be increased and and on a vote of 199 to 211 were de- ture, Mr. J. Phil Campbell, advising me other high officials should probably carry feated One hundred and thirty-five Re- that the Department has taken an ex- higher salaries, I strongly feel that the publicans and only 64 Democrats joined tremely strong. position in opposition to recent back-door pay boosts were out of in this economy vote with 191 Demo- the tax. I also received a similar re- line with the realities of our fiscal situa- crats joining only 45 Republicans in vot- sponse from the Department of State tion and weakened our ability to affirma- ing for the backdoor commission. and I place this exchange of correspond- tively check inflation. It will be hard to On final passage, having lost this vote, ence in the RECORD at, this point: tell others they should live within a 3- I clearly had the responsibility to vote JANUARY or 4-percent increase when we get a 41- against the bill even though I favored Hon. CLIFFORD M. HARDEN, percent increase. what might be considered as 95 percent Secretary of Agriculture, Department of Agri- How did it happen? Let us go back a of 1t. The 5 percent simply outweighed culture, Washington, few years. I have always supported the the other good features. The bill passed, DEAR MR. SECRETARY: As you probably moderate pay increases for our postal 319 to 89 after this critical motion to know, there is a great deal of concern among. workers and Federal employees which soybean producers throughout the country recommit had been lost. That is the story have been offered. There is no question. over a report that the European Economic of how the pay raises of February 14, Community 18 about to propose a tax on in my mind that the cost-of-living in- 1969, came about and it is up to the vegetable oil and meal. creases have been justified. I voted people themselves to decide who voted As I am sure you can appreciate, such a tax. against the pay increase in 1967 and my. for it and who voted against it. would have a definite and adverse effect on friends in the Federal service were quick. In my experience here, you have to American exports of soybeans and soybean to express their disappointment. products to the E.E.C. take the knocks when it is necessary to A typical letter I received. was from This action, if it takes place, appears to be vote in a way that seems unpopular at my good friend, John Feasel, an officer a flagrant violation of the Agreement in the the time but I feel my constituents can in the Ohio Federation of United Postal Kennedy Round to assure that soybeans understand just how this happened and would be duty free and I just wanted to ex- Clerks. Mr. Feasel lives.in Ashland and, know that my vote was a right one in press my deep concern and urge that every in part, wrote the following: 1967. effort be made by those in your shop respon- Needless to say, I was quite disappointed What was wrong with the quadrennfal sible for trade negotiations to impress upon when you voted against our pay raise. I was the E.E.C. the seriousness of this threat. so positive that you were with us all the way commission, you ask? Simply this, it em- Any information or comments you might and talked to my fellow postal workers in powered the President to set up a panel have would be appreciated. this vein all summer. You can just imagine of citizens who would recommend levels Sincerely, the ribbing I took when the vote was an- of pay for the Congress, the Cabinet, the ROBERT H. MICHEL, nounced. The ribbing was not important, but Supreme Court, and judiciary. These Member of Congrestion I would like to ask, "Why?" I feel that I prob- recommendations when forwarded from ably know part of the answer but I want to the President to the Congress would go DEPARTMENT or AGRICULTURE, hear it from you, please. into effect automatically in 30 days un- Washington, D.C., February 19893 In my reply to John Feasel I pointed less either the Senate or the House take Hon. ROBERT H. MICHEL, out that, as in many other bills, the affirmative action to specifically rescind House of Representatives. issue becomes more complicated that them. A neat trick. Instead of being DEAR MR. MICHEL: Thank you for your confronted with the onerous duty of vot- letter of January 28, 1969, informing about Just a straight pay increase of a few per- the concern among U.S. soybean producers cent for those loyal federal employees ing for or against our own pay increase, over the European Community's proposal to who deserved it. This is always the prob- it would go into effect automatically by place a consumption tax on offseeds and oil- lem of a Congressman. The votes are the simple expedient of the Congress seed products. May 6, 1969 CONGRESSIONAL of Remarks 3653 Not only did Jefferson, in this way, select Committee of the House of Representa- nent qualifications Mr. Blatchford brings the first collection of books for the Univer- tives had its first organization meeting to this job as a founder and director of sity of Virginia library, but he also chose its at the time I was due to speak. If I had first two librarians and formulated the rules his own private peace corps in Latin been there I would have made the follow- enforced by them. These regulations, adopted America. I also discussed Mr. Blatch- by the University's Board of Visitors in 1825, ing remarks: ford's observation that Peace Corps is provided for unrestricted use of books by A NEW DAY IN THE POSTAL SERVICE a "waning" organization in need of the faculty, but only limited service to stu- Ladies and gentlemen of the National rejuvenation. dents. No student was allowed to have more Postal Union, I am happy to be here with you At yesterday's ceremony in the White than three volumes on loan to him at one at the Washington Monument this afternoon House Rose Garden, Mr. Blatchford dis- time and not even a single volume, unless he and commend both your officers and your- closed some of the new ideas under con- could show authorization for it by one of selves for this fine turnout today. Dave Sil- the professors. Fines for overdue books were sideration to reluvenate the agency. He vergleid, Bob Kephart and John Morgan graduated in accordance with the size of the and I work together every day. They are fine is most concerned about making the book detained. If a student lost a book he union officers, among the best, and they rep- Peace Corps more relevant to the chang- was required to pay to the ibrary three times resent some of the finest people in the Amer- ing conditions both in the world and in its value. The librarian was to open the ican labor movement. I am proud of both America in 1969. library to receive and discharge books only you and your officers and you should be Some of the new ideas under consider- one hour a week. proud of each other. ation include making the corps a 3-year Nor were these rules unduly restrictive for As you know, the Postal Operations Sub- program for service both at home and that day. Libraries were sometimes locked committee of which I am chairman is hold- away and opened an hour or SO a week for ing hearings on various bills that would abroad as a substitute for military serv- students to borrow and return books. In some bring labor relations by law to the postal ice; recruiting more skilled people into colleges only juniors and seniors were allowed service. Someday labor relations by law will Peace Corps; bringing over foreign vol- to borrow books. In addition to the restricted be a must for the Federal Government as a unteers to work in American slums; and hours, some libraries announces that the whole. But we must do something immedi- increasing efforts to recruit American librarian could "permit the Scholars to enter ately in this regard for postal employees and volunteers from racial minorities. the Library, only one at a Time, and in their we will continue to hold hearings in May and These topics will be explored by a 40- Order; If any Others at such Times shall possibly June on this subject. The Civil member task force that will begin its attempt to intrude [the regulation contin- Service Commission is opposed to legislation ued] the Librarian or his substitute shall and would like to continue the Executive work tomorrow and make its recommen- make complaint to the Pres." order approach. dations to the President by the end of Much has changed since those days. We As a result of their testimony, on the 29th the month. The proposals will have to be have but to look at the library that is dedi- of April I sent a telegram to the President of studied in the context of the revised cated here today to see that 1ts planners have the United States, in which I pointed out to Peace Corps budget which is being built it for use. The open spaces, the lounge him that an administration witness had trimmed from $109 million to $101 mil- areas, the study carrels, the allowance for stated before our subcommittee that the lion. The cut will mean a reduction in growth, the endowment for books-all these administration did not favor postal labor the number of volunteers to be trained In indicate that this library built for service relations by law, but were in favor instead of to students as well as to faculty members. It a new executive order. I reminded the Presi- the coming fiscal year from 8,500 to 7,500. 16 obvious that Mount Olive shares Jefferson's dent of his campaign statements of 1968, in But the Peace Corps has learned that belief in the importance and value of books which he took the position that the Federal success does not necessarily lie in num- but underscores that belief by making the Government labor relations had to be con- bers. The new approach will be placing books readily available. ducted under a new law, that an Executive more emphasis on quality than quantity. No visiting speaker neods to tell you that Order was not sufficient. I believe that the I again wish to commend the admin- the scholastic campus today is a place of ac- President should intervene personally and see istration on this outstanding appoint- tion, turmoil, and revolution. This is hardly to it that the Civil Service Commission. is news nor is it new. Riotsland revolts, break- ment and to commend Mr. Blatchford on aware of his prior statement and the record ing of furniture, firing of buildings, rolling he made in 1968. A column appeared in the this early indication that he intends to cannonballs down the conridors (a post-Rev- public press, the Washington Daily News, of breathe new life into an organization olution development at Harvard that was April 26 by John Cramer, entitled "Nizon that has served America so well in the copied by other colleges) were common Seen Reneging on Promise." This news story past. I am confident that the fresh per- enough in this country in the 18th and 19th was based on our hearings before my Sub- spective and approach Mr. Blatchford centuries. But the real revolution-the eter- committee on Postal Operations. I thought brings to the Peace Corps will assure its nal impact of mind against mind, the quiet the President should be aware of the hear- continued success. explosion of ideas-takes place within the ings and the interpretation placed on those walls of the library. Here the wonderful mind hearings by well informed newspeople. At this point in the RECORD I introduce of youth, still free of experience, of caution, I can tell you this. will have postal labor articles from yesterday's Evening Star and of conservatism, the wonderful mind relations by law. My Subcommittee is going and today's Washington Post and the that questions, that seeks answers for itself, to forge ahead and with your help and dedi- New York Times on the Blatchford ap- that ponders and value/here, I say, that cation I think we can win a new day in the pointment: mind can meet the minds of other men of postal service for working men and women. [From the Evening Star, May 5, 1969] every age. Here, in the library, you can carry I would like to point out to you that dur- on our own conversation with the philoso- ing a time of stress in this country your NIXON HAILS NEW PEACE CORPS IDEAS-U.S. phers, the scientists, the economists, the his- WEIGHING ROLE FOR FOREIGN YOUTH organization among others stands out as a torians, the artists, the writers-the dreamers center of responsibility. The hard work and (By Richard Critchfield) and thinkers of many ages and many nations. effort you devote to postal workers is of President Nixon has asked new Peace And from these conversations evolves your great help to the development of a truly re- Corps director Joseph H. Blatchford to study own philosophy, your own wisdom. In brief, sponsive postal service. The American people proposals for widening the spectrum of re- you begin the never-ending process of edu- owe you a debt of gratitude because with- cruiting, bring foreign youth to work in cation. out your organization, grievances would go American slums in the "reverse Peace Corps" And so today we dedicate not a building unresolved. When that happens, disorders 1s and creating a 3-year program for service at but the ideas that it will contain, the ideas the result. You help society by helping your- home and abroad to serve as a substitute for that will develop under its sheltering roof, self. America needs you. Keep up the good military service. the ideas that its users will bring to bettering work. Blatchford was sworm in today in the our world. White House Rose Garden At the ceremony, Nixon said Blatchford's NEW IDEAS AT PEACE CORPS new ideas would receive the highest pri- A NEW DAY IN THE POSTAL ority in his administration. SERVICE Blatchford said his chief new policy will HON. JOHN B ANDERSON be to make the Peace Corps relevant to the changed conditions in the world and America OF ILLINOIS HON. ROBERT N. C. NIX in 1969. He said he sought to do this by IN THE HOUSE OF REPRESENTATIVES lengthening the program to 3 years, in some OF PENNSYLVANIA Tuesday, May 6, 1969 cases, so a volunteer would serve both in IN THE HOUSE OF REPRESENTATIVES this country and abroad. Mr. ANDERSON of Illinois. Mr. Tuesday, May 6, 1969 RELEVANCY STRESSED Speaker, yesterday President Nixon He said he would also seek to bring for- Mr. NIX. Mr. Speaker, I was not able swore in Mr Joseph Elatchford as the eign nationals here as instructors and teach- to attend the legislative rally of the Na- new Peace Corps Director. In yesterday's ers in the war against poverty-what he tional Postal Union, because the Crime RECORD, page E3627, I discussed the emi- called a new approach to voluntary action to Nix is CHAIRMAN OF SUBCOM. ON POSTAL OPERATIONS.