(b) Except as otherwise provided by law, the resolutions of the Governors and the Board of Governors of the United States 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the time the United States Postal Service commenced operations, continue in effect, except as subsequently modified or repealed by the Postal Service.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 agencies of the United States continued in effect as postal regulations by section 5(a) of the Postal Reorganization Act are repealed.

§ 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 United States 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, United States Code. 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, United States Code, 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, United States Code, or provisions of other laws made applicable to the Postal Service by revised Title 39, United States Code, 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)-(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)-(c) of this section which establish fringe benefits as defined in 39 United States Code 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 39 United States Code 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.

AUTHORITY: 39 U.S.C. 201, 202, 203, 204, 206, 401(2), 402, 403, 404, as enacted by Public Law 91-375, 84 Stat. 719.

SOURCE: 38 FR 20403, July 31, 1973, unless otherwise noted.

§ 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, Public Law 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

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the Postal Service can be found in the U.S. Government Organization Manual. § 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.

§ 221.3 Postmaster General.

(a) The Postmaster General is the chief executive officer of the Postal Service and is responsible for its overall operation. He 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. He 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 he 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 his powers as he deems appropriate. For the direction of the Board of Governors that the Postmaster General exercise the powers of the Postal Service, see §§ 3.9 and 5.3 of this chapter. § 221.4 Deputy Postmaster General.

(a) The Deputy Postmaster General is a voting member of the Board of Governors. He is appointed and can be removed by the Postmaster General and Governors.

(b) He directs all postal operations and delegates such of his authority as he considers appropriate. He is required to perform all tasks assigned him by the Postmaster General. He 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 § 5.4 of this chapter.

§ 221.5 Postal Service Advisory Council.

The Postal Service Advisory Council consults with and advises the Postal Service with regard to all aspects of postal operations. It consists of the Postmaster General who is Chairman, the Deputy Postmaster General who is Vice Chairman, and 11 additional members appointed by the President as follows: Four representatives of postal labor organizations, four representatives of major mail users, and three representatives of the public at large.

§ 221.6 Groups and Departments.

(a) Postal Service Headquarters is primarily divided into four groups-Administration, Employee and Labor Relations, Finance, and Operations. Each group is headed by a Senior Assistant Postmaster General. The Senior Assistant Postmasters General report directly to the Postmaster General. These Senior Assistant Postmasters General are responsible for the following activities within their assigned areas:

(1) Program planning, direction, and review;

(2) Establishment of policies, procedures, and standards; and

(3) Operational determinations not within the full jurisdiction of field officers.

(b) Each group is in turn divided into departments or offices headed by either Assistant Postmasters General or Directors who report to the Senior Assistant Postmaster General. The heads of these departments and offices are responsible for assisting the Senior Assistant Postmasters General in carrying out the activities assigned their groups.

(c) Certain other headquarters units report directly to the Postmaster General. These include the Law Department, headed by the General Counsel, and the Inspection Service, headed by the Chief Postal Inspector. Also reporting to the Postmaster General are the Senior Assistant Postmaster General for Policy Matters; the Executive Assistant for Postal Affairs; and the Assistant Postmasters General for Government Relations and Public and Employee Communications.

(d) The Postmaster General, the Deputy Postmaster General, the Senior

Assistant Postmasters General, for Administration, Employee and Labor Relations, Finance, and Operations, and the General Counsel comprise the Executive Committee of which the Postmaster General is Chairman, and the Executive Assistant for Postal Affairs is Secretary.

(e) Statements of the functions of the various groups, departments, and offices can be found in Part 224 of this chapter.

§ 221.7

Officers serve at pleasure of Postmaster General.

The following officers of the Postal Service are appointed by the Postmaster General and serve at his pleasure: Senior Assistant Postmasters General, Regional Postmasters General, the General Counsel, Assistant Postmasters General, the Consumer Advocate, the Chief Inspector, the Judicial Officer, and the Executive Assistant for Postal Affairs, the Controller and the Treasurer (who report to the Assistant Postmaster General, Finance Department). The number of Senior Assistant Postmasters General and Assistant Postmasters General is set by resolution of the Board of Governors.

§ 221.8 Postal field service.

(a) Postal Regions. (1) There are five Postal Regions. Each region is headed by a Regional Postmaster General who reports to the Senior Assistant Postmaster General, Operations and has overall responsibility for operational activities (except those reserved to Headquarters) of the Postal Service within his region.

(2) Each Regional Postmaster General's office includes four departmentsSupport, Employee and Labor Relations, Mail Processing and Customer Services. Each regional department is headed by an Assistant Regional Postmaster General who reports to the Regional Postmaster General. While the Assistant Regional Postmasters General for Employee and Labor Relations report to the Regional Postmasters General for administrative purposes, direction is provided them by the Senior Assistant Postmaster General, Employee and Labor Relations.

(3) In addition to the four departments, there are within each Regional Postmaster General's office, a Regional Counsel, and an Office of Communications which is headed by a Director. The Regional Counsel and the Director, Communications each report directly to the Regional Postmaster General.

(b) (1) Postal Regions are composed of Districts headed by Distrct Managers whose organizational units are in turn composed of Sectional Centers headed by Sectional Center Managers.

(2) Each District Manager reports to the Regional Postmaster General, and has line responsibility for postal operations (except those reserved to Headquarters) in the Sectional Centers within his area.

(3) Each sectional Center Manager reports to a District Manager, and has line responsibility for postal operations (except those reserved to Headquarters) at offices within his Sectional Center.

(c) Postal Data Centers. There are six Postal Data Centers, each under a Director who is responsble for:

(1) Accounting, disbursing, and data processing for assigned areas.

(2) Adjudication of claims pursuant to authority delegated to him by the senior Assistant Postmaster General, Fi

nance.

(d) For a detailed statement of the organizaton of the Postal Regions see Part 225 of this subchapter.

§ 221.9 Conversion of terms.

(a) In any regulation of the Postal Service outside Parts 211, 221, 222, 223, 224, 225, 226, and 235 of this subchapter, unless the context otherwise requires, references to the: (1) Senior Assistant Postmaster General Customer Services with regard to matters concerning advertising, customer marketing, product development, international postal affairs, and the Consumer Advocate, shall be deemed to mean the Senior Assistant Postmaster General, Administration; (2) Senior Assistant Postmaster General, Customer Services with regard to matters concerning delivery services, shall be deemed to mean the Senior Assistant Postmaster General, Operations; Senior Assistant Postmaster General, Executive Functions with regard to matters concerning consumer affairs, planning, philatelic affairs, and the Judicial Officer, shall be deemed to mean Senior Assistant Postmaster General, Administration; (4) Senior Assistant Postmaster General, Executive Functions, with regard to matters concerning public information and communications, shall be deemed to mean the Assistant Postmaster General, Public and Employee Communications; (5) Senior Assistant Postmaster General, Executive Functions, with regard to matters concerning Government

relations, shall be deemed to mean Assistant Postmaster General, Government Relations; (6) Senior Assistant Postmaster General, Mail Processing with regard to matters concerning architectengineer, construction, and real estate contracting shall be deemed to mean Senior Assistant Postmaster General, Administration; (7) Senior Assistant Postmaster General, Mail Processing, with regard to matters concerning engineering, shall be deemed to mean Senior Assistant Postmaster General, Administration; (8) Senior Assistant Postmaster General, Mail Processing, with regard to matters concerning bulk mail, delivery services, and logistics shall be deemed to mean the Senior Assistant Postmaster General, Operations; (9) Senior Assistant Postmaster General, Support, with regard to matters concerning procurement, shall be deemed to mean Senior Assistant Postmaster General, Administration; (10) Senior Assistant Postmaster General, Support, with regard to matters concerning finance, management information, and management services shall be deemed to mean Senior Assistant Postmaster General, Finance; (11) Senior Assistant Postmaster General, Support with regard to matters concerning employee or labor relations, shall be deemed to mean Senior Assistant Postmaster General, Employee and Labor Relations; (12) Deputy Postmaster General with regard to functions of that office concerning liaison with the Postal Regions shall be deemed to mean Senior Assistant Postmaster General, Operations.

(3)

222.2

SOURCE: 38 FR 20404, July 31, 1973, unless otherwise noted.

§ 222.1 Authority for delegation.

(a) The Postmaster General is empowered to authorize any employee or agency of the Service to exercise any function vested in the Postal Service, in him, or in any other Postal Service employee.

(b) The Deputy Postmaster General is the full alternate to the Postmaster General.

(c) When, by reason of absence, disability, or vacancy in office, neither the Postmaster General nor the Deputy Postmaster General can act as Postmaster General, the first available official on the following list will do so as acting Postmaster General:

(1) Senior Assistant Postmaster General, Administration;

(2) Senior Assistant Postmaster General, Operations.

(d) The Postmaster General has been authorized by the Board of Governors to exercise the powers of the Postal Service to the full extent that such exercise is lawful. See §§ 3.9 and 5.3 of this chapter.

(e) The Executive Assistant for Postal PostAffairs, the Senior Assistant masters General, the General Counsel, the Chief Inspector, the Judicial Officer, the Assistant Postmaster General, Government Relations Department, and the Assistant Postmaster General. Public and Employee Communications Department, act for the Postmaster General on assigned matters. Each of these officers is authorized to exercise the powers and functions of the Postal Service under the Postal Reorganization Act, in respect to matters within the area of his responsibility, except as limited by law or by the specific terms of his assignment.

(f) Each head of a department or office who reports to a Senior Assistant Postmaster General is authorized to exercise the powers and functions of that Senior Assistant Postmaster General within the area of responsibility of his department or office, except as such authority may be reserved or rescinded by the Senior Assistant Postmaster General or is limited by law or the terms of his specific assignment.

§ 222.2 Media of delegation.

(a) All delegations of authority shall be issued through official directives.

(b) Headquarters or regional officials shall not orally authorize postmasters to

deviate from published instructions, except in emergencies. An oral authorization shall be confirmed by a memorandum or order dated subsequent to the issuance date of the most recently published instructions on the subject. Postal inspectors shall charge as irregularities any improperly authorized deviations observed in the course of office inspections. § 222.3 Contents of delegations.

(a) Delegations of authority shall ordinarily be made by position title rather than by name of the individual involved. An officer or executive acting in the absence of a principal has his principal's full authority.

(b) When authority is delegated to an officer, the officers above him shall have the same authority. Delegated authority shall not extend to aides except when an aide serves on an acting basis (see paragraph (a) of this section) or unless the aide is specifically authorized by his superior to exercise such authority.

(c) A delegation must accord with the law and regulations under which it is made and contain such specific limiting conditions as may be appropriate. § 222.4

Redelegation.

(a) Except as otherwise prohibited by law, or by a regulation that expressly prohibits redelegation, or by the terms of the delegation:

(1) The head of a group, department, or office at Headquarters is authorized to redelegate any authority vested in him.

(2) A Regional Postmaster General or head of a regional department, division, or branch is authorized to redelegate any authority vested in him subject to the condition that redelegation to members of a regional staff must be consistent with the then current regional organizational structure.

(3) A District Manager, is authorized to redelegate, subject to or within guidelines issued by the Regional Postmaster General, any authority vested in him provided that the redelegation is consistent with the current organizational structure.

(4) A Director, Postal Data Center, is authorized to redelegate any authority vested in him.

(5) Heads of Sectional Center facilities and other field installations are authorized to redelegate to members of their respective staffs any authority vested in them.