(iv) Part 914-Collect on Delivery Mail (v) Part 915-Special Delivery SUBCHAPTER MAIL SERVICES 930-SUPPLEMENTAL (i) Part 931-Certificates of Mailing (ii) Part 932-Return Receipts (iii) Part 933-Restricted Delivery (4) SUBCHAPTER 940-NONMAIL SERVICES (i) Part 941-Money Orders (v) Part 945-Mailing List Service (5) SUBCHAPTER 950-ALTERNATE DELIVERY SERVICES (i) Part 951-Post Office Lockbox Service (ii) Part 952-Caller Service Sec. SUBCHAPTER D-ORGANIZATION AND ADMINISTRATION PART 211-APPLICATION OF REGULATIONS 211.1 Disposition of former title 39, U.S.C. 211.2 Regulations of the Postal Service. 211.3 Executive orders and other executive pronouncements; circulars, bulletins, and other issuances of the Office of Management and Budget. 211.4 Interim personnel regulations. AUTHORITY: 39 U.S.C. 201, 202, 401(2), 402, 403, 404, 410, 1001, 1005, 1209; Pub. L. 91375, Secs. 3-5, 84 Stat. 773-75. SOURCE: 38 FR 20402, July 31, 1973, unless otherwise noted. § 211.1 Disposition of former Title 39, U.S.C.. Except as otherwise continued in effect as postal regulations, all provisions of former Title 39, U.S.C., which were continued in effect as regulations of the Postal Service by section 5(f) of the Postal Reorganization Act, are revoked. This revocation does not apply to postal regulations which embody or are derived from provisions of former Title 39. § 211.2 Regulations of the Postal Service. (a) The regulations of the Postal Service consist of: (1) The resolutions of the Governors and the Board of Governors of the U.S. Postal Service and the bylaws of the Board of Governors; (2) The Domestic Mail Manual, the Postal Operations Manual, the Administrative Support Manual, the Employee and Labor Relations Manual, the Financial Management Manual, the Postal Contracting Manual, Publication 42 (International Mail), and those portions of Chapter 2 of the former Postal Service Manual and chapter 7 of the former Postal Manual retained in force; (3) Headquarters Circulars, Management Instructions, Regional Instructions, handbooks, delegations of authority, and other regulatory issuances and directives of the Postal Service or the former Post Office Department. Any of the foregoing may be published in the FEDERAL REGISTER and the Code of Federal Regulations. (b) Except as otherwise provided by law, the resolutions of the Governors and the Board of Governors of the U.S. Postal Service and the bylaws of the Board of Governors take precedence over all regulations issued by other authority. (c) The adoption, by reference or otherwise, of any rule of law or regulation in this or any other regulation of the Postal Service shall not be interpreted as any expression on the issue of whether such rule of law or regulation would apply to the Postal Service if it were not adopted as a regulation, nor shall it restrict the authority of the Postal Service to amend or revoke the rule so adopted at a subsequent time. (d) All regulations of the Post Office Department in effect at the time the U.S. Postal Service commenced operations, continue in effect, except as subsequently modified or repealed by the Postal Service. Except as otherwise continued in effect as postal regulations, all regulations of other agenIcies of the United States continued in effect as postal regulations by section 5(a) of the Postal Reorganization Act are repealed. [38 FR 20402, July 31, 1973, as amended at 46 FR 34329, July 1, 1981] § 211.3 Executive orders and other executive pronouncements; circulars, bulletins, and other issuances of the Office of Management and Budget. (a) By virtue of the Postal Reorganization Act, certain executive orders, and other executive pronouncements and certain circulars, bulletins, and other issuances of the Office of Management and Budget or particular provisions thereof, or requirements therein, apply to the Postal Service and certain others do not apply. (b) It is the policy of the Postal Service to continue to comply with issuances of the kind mentioned in paragraph (a) of this section with which it has previously complied, unless a management decision by an appropriate department head is made to terminate compliance, in whole or in part, following advice from the General Counsel that the issuance is not binding, in whole or in part, on the Postal Service. This policy is not enforceable by any party outside the Postal Service. No party outside the Postal Service is authorized to use the mere non-compliance with this policy against the Postal Service in any way. § 211.4 Interim personnel regulations. (a) Continuation of Personnel Regulations of the Post Office Department. All regulations of the former Post Office Department dealing with officers and employees, in effect at the time the U.S. Postal Service commenced operations, continue in effect according to their terms until modified or repealed by the Postal Service or pursuant to a collective bargaining agreement under the Postal Reorganization Act. (b) Continuation of Personnel Provisions of Former Title 39, U.S.C.. Except as they may be inconsistent with other regulations adopted by the Postal Service or with a collective bargaining agreement under the Postal Reorganization Act, all provisions of former Title 39, U.S.C., dealing with and applicable to postal officers and employees immediately prior to the commencement of operations of the Postal Service continue in effect as regulations of the Postal Service. (c) Continuation of Other Laws and Regulations as Postal Regulations. Except as they may be inconsistent with the provisions of the Postal Reorganization Act, with other regulations adopted by the Postal Service, or with a collective bargaining agreement under the Postal Reorganization Act, all regulations of Federal agencies other than the Postal Service or Post Office Department and all laws other than provisions of revised Title 39, U.S.C., or provisions of other laws made applicable to the Postal Service by revised Title 39, U.S.C., dealing with officers and employees applicable to postal officers and employees immediately prior to the commencement of operations of the Postal Service, continue in effect as regulations of the Postal Service. Any regulation or law the applicability of which is continued by paragraphs (a) through (c) of this section which requires any action by any agency other than the Postal Service or Post Office Department shall be deemed to require such action by the Postal Service, unless by agreement with the Postal Service the other agency involved consents to the continuation of its action. (d) Effect of Collective Bargaining on Certain Regulations. All rules and regulations continued or established by paragraphs (a) through (c) of this section which establish fringe benefits as defined in Title 39, U.S.C. 1005(f) of employees for whom there is a collective bargaining representative continue to apply until modified by a collective bargaining agreement concluded pursuant to the Postal Reorganization Act. Those rules and regulations affecting other terms and conditions of employment encompassed by section 8(d) of the National Labor Relations Act, as amended, shall continue to apply to such employees until such collective bargaining agreement has been concluded, and, unless specifically continued by such agreement, shall apply thereafter until modified or repealed by the Postal Service pursuant to its authority under Title 39, U.S.C. 1001(e) and other pertinent provisions of the Postal Reorganization Act. In the event a condition occurs which shall excuse the Postal Service from continuing negotiations prior to the parties thereto concluding an agreement in accordance with the Postal Reorganization Act, the Postal Service reserves the right in accordance with the reorganization measures mandated by the Congress and consistent with the provisions of the Act, and any collective bargaining agreements in existence at that time, insofar as they do not unduly impede such reorganization measures, to continue, discontinue, or revise all compensation, benefits, and terms and conditions of employment of such employees of the Postal Service. § 221.1 The U.S. Postal Service. (a) The U.S. Postal Service has been established as an independent establishment within the executive branch of the Government of the United States under the provisions of the Postal Reorganization Act of August 12, 1970, Pub. L. 91-375, 84 Stat. 719. (b) As a complement to the information in the regulations in this part, a concise statement of the organization of the Postal Service can be found in the United State Government Organization Manual. [38 FR 20403, July 31, 1973] § 221.2 Board of Governors of the Postal Service. (a) The Board of Governors directs the exercise of the powers of the Postal Service. It reviews the practices and policies of the Postal Service and directs and controls its expenditures. (b) For composition of the Board of Governors, see § 3.1 of this chapter. [38 FR 20403, July 31, 1973] § 221.3 Postmaster General. (a) The Postmaster General (PMG) is the chief executive officer of the Postal Service and is responsible for its overall operation. The PMG is named and can be removed by an absolute majority of the nine members of the Board of Governors, statutorily designated "Governors", who are appointed by the President with the advice and consent of the Senate. The PMG is a voting member of the Board of Governors. (b) The Postmaster General determines appeals from the actions of staff and department heads, except that in cases where the PMG has delegated authority to make a decision to a subordinate, such subordinate may also determine appeals within the authority delegated. (c) The Board of Governors has directed that the Postmaster General exercise the powers of the Postal Service to the extent that such exercise does not conflict with power reserved to the Board by law. The Postmaster General is authorized to direct any officer, employee, or agency of the Postal Service to exercise such of the PMG's powers as the PMG deems appropriate. For the direction of the Board of Governors that the Postmaster General exercise the powers of the Postal Service, see §§ 3.5 and 4.3 of this chapter. [38 FR 20403, July 31, 1973, as amended at +3 FR 29117, July 6, 1978; 45 FR 43718, June 30, 1980] § 221.4 Deputy Postmaster General. (a) The Deputy Postmaster General is the alternate chief executive officer of the Postal Service. The Deputy is appointed and can be removed by the Postmaster General and the Governors. The Deputy is a voting member of the Board of Governors. (b) The Deputy Postmaster General is required to perform all tasks as assigned by the Postmaster General. The Deputy acts as Postmaster General in the Postmaster General's absence or whenever a vacancy exists in the Office of Postmaster General. (c) For delineation of authority of the Deputy Postmaster General by the Board of Governors see § 4.4 of this chapter. [38 FR 20403, July 31, 1973, as amended at 41 FR 16941, Apr. 23, 1976; 43 FR 29117, July 6, 1978; 45 FR 43718, June 30, 1980] § 221.5 Groups and departments. (a) Postal Service Headquarters is divided into five major units. These units consist of five Groups: Administration, Employee and Labor Relations, Finance, Operations, and Research and Management Systems. Each of the Groups is headed by a Senior Assistant Postmaster General (SAPMG). The SAPMGs for Employee and Labor Relations, and Finance report directly to the Postmaster General. The SAPMGs for Administration, Operations, and Research and Management Systems report directly to the Deputy Postmaster General. The five SAPMGs are responsible for the following activities within their assigned areas: (b) These groups are in turn divided into departments or offices headed by either Assistant Postmasters General (APMGs) or Directors. The heads of these departments and offices report to and are responsible for assisting the SAPMGS in carrying out their assigned activities. (c) Certain other Headquarters units report directly to the Postmaster General. These include the Law Department, headed by the General Counsel, the Inspection Service Department, headed by the Chief Postal Inspector, and the Planning Department, headed by an Assistant Postmaster General. Also reporting to the Postmaster General are the Executive Assistant to the Postmaster General, the Assistant Postmaster General for Government Relations, and the Assistant Postmaster General for Public and Employee Communications. (d)(1) The Executive Committee is the established organization through which the Postmaster General and his top staff collectively consider and act on major policy, planning, and other management control matters. the Executive Committee is composed of: (i) The Postmaster General, Chairman; (ii) The Deputy Postmaster General; (iii) The Senior Assistant Postmaster General, Administration Group; (iv) The Senior Assistant Postmaster General; Employee and Labor Relations Group; (v) The Senior Assistant Postmaster General, Finance Group; (vi) The Senior Assistant Postmaster General, Operations Group; (vii) The Senior Assistant Postmaster General, Research and Management Systems Group; (viii) The Assistant Postmaster General, Planning Department; (ix) The Assistant Postmaster General, Government Relations Department; (x) The Assistant Postmaster General, Public and Employee Communications Department; (xi) The Chief Postal Inspector; and (xii) The General Counsel. (2) The Executive Assistant to the Postmaster General is secretary to the Executive Committee. (e) Statements of the functions of the various groups, departments, and offices can be found in Part 224 of this chapter. [38 FR 20403, July 31, 1973. Redesignated at 40 FR 11722, Mar. 13, 1975; 41 FR 16941, Apr. 23, 1976; 42 FR 18859, Apr. 11, 1977; 43 FR 29117, July 6, 1978; 43 FR 41984, Sept. 19, 1978; 45 FR 43718, June 30, 1980; 48 FR 1965, Jan. 17, 1983; 48 FR 30111, June 30, 1983] § 221.6 Postal Regions. (a) There are five Postal Regions. Each region is headed by a Regional Postmaster General who reports to the Deputy Postmaster General, and has overall responsibility for operational activities (except those reserved to Headquarters) of the Postal Service within his region. (b) Each Regional Postmaster General's office includes five departments-Mail Processing, Customer Services, Finance, Employee and Labor Relations, and Real Estate and Buildings. Each regional department is headed by a Regional Director who reports to the Regional Postmaster General. While the Regional Directors, Employee and Labor Relations, report to the Regional Postmasters General for administrative purposes, functional direction is provided to them by the Senior Assistant Postmaster General, Employee and Labor Relations. (c) In addition to the five departments, there is within each Regional Postmaster General's office a Law Division, which is headed by a Regional Counsel, and a Public and Employee Communications Division, which is headed by a General Manager. The Regional Counsel and General Manager, Public and Employee Communications, report to the Regional Postmaster General. |