June 2026 Update
We are reaching the mid-point of 2026. Mail volume in the facilities is noticeably lower, and the temperature is noticeably higher. After almost a year of negotiations over the terms of the 2025 National Agreement, the National Union has declared a bargaining impasse and invoked the dispute resolution procedures contained in the Postal Reorganization Act. The Union and the Postal Service will now meet to determine the process to resolve the dispute. What does that mean exactly? I have some thoughts.
I’ll begin with the statement that what follows is my opinion. I am not speaking on behalf of anyone other than myself. So, here we go.
The Postal Reorganization Act of 1970 (PRA) converted the old Post Office Department into an independent establishment of the Executive Branch of the government known as the United States Postal Service. The National Labor Relations Board was authorized to establish bargaining units, and the Unions began evolving into the organizations we know today. 1970 was when true collective bargaining became available to Postal employees. Postal collective bargaining mirrored that of the private sector; except for Postal employees not being allowed to strike, and Postal management not being allowed to “lock out” employees. When a Postal collective bargaining agreement expires, the status quo remains in place until such time as the bargaining impasse is resolved.
Still, back in 1970 there was no Mail Handler National Agreement. In fact, there were no Postal contracts at all as they had yet to be negotiated. This was a time when all the Unions bargained together and sought to achieve their first collective bargaining agreement. That is now more than 50 years ago and since then the Unions began bargaining separately and have secured several subsequent National Agreements for their respective Memberships. It has been necessary, at times, for the parties to submit their disputes to an arbitration panel for a final and binding decision.
The procedures for resolving a collective bargaining impasse are contained in Section 1207 of the PRA which is (not surprisingly) titled “Labor Disputes.” There are two different and distinct procedures contained in Section 1207 which could be utilized, mediation and/or arbitration. The difference between these procedures is that a mediator acts as a facilitator with the objective of getting the parties to reach a voluntary agreement, while an arbitrator acts as a judge to decide a final and binding resolution to the matters in dispute. If the mediation process were to be invoked and fail to produce a voluntary agreement, arbitration proceedings would naturally follow.
So, here’s the question: should we invoke the mediation procedure? No, I don’t believe this would be useful. With the parties’ 50-year history of collective bargaining and after a year of negotiations, the notion that a third party is going to come in and get the parties to reach a voluntary agreement is at best far-fetched. Still, I’m not sure if mediation could be avoided absent a mutual agreement of the parties; but it would likely only delay the process of securing the 2025 National Agreement.
So, what then? Arbitration? That seems to be the best course of action and the quickest path to securing our next contract. The matters in dispute appear to be well defined and the battle lines drawn. It’s time to engage in the battle. What usually happens is that an arbitration panel is assembled consisting of one arbitrator chosen by the Postal Service, one arbitrator chosen by the Union, and a neutral arbitrator chosen by the first two arbitrators. Hearings would commence once the arbitration panel is assembled.
The arbitration process will take some time; but it seems to me that’s the fastest and most direct path to securing the 2025 National Agreement. But then again, what do I know?
JL