|
to. class actlons
<br />In fiction seeking declaration that de.
<br />fendants had violated thin title by refus.
<br />Inn to Ireat compenaalioo an basic pay.
<br />Service supervisory employees who re-
<br />ceived equalisation payment without
<br />39 § 409 GENERAL
<br />Not# 8
<br />Of Mad on us. ProtenIonIa and Other
<br />Americans United rnr Separation of
<br />Church and state t)'Itrlen, D.C. D.C.
<br />I967, 272 F.Hupp 712.
<br />n. 1'. rI It.
<br />Post Office JCmployees' welfare Com•
<br />mlttee through which postal employees
<br />had Installed and operated vending ma.
<br />chines In city post office constituted late.
<br />Val part of Service and thus was Instru.
<br />mentality of United Slates for purposes
<br />Of suit by such Committee agaluat Sen.
<br />Ice and postmaster for alleged tortlous
<br />conversion of asseta. Employees welfare
<br />Committee v. Dawn, C.A.F'Is.1070, 300 F.Zd
<br />1373.
<br />Discharged postal employee could
<br />maintain suit against Service seeking re.
<br />Instatement and hack pay without Join•
<br />lag the United States as a party. %Vhlte
<br />v. Bloomberg, C.A.\fd.1074, Sol Fad ISM
<br />I'oat Office Employee Welfare Commit-
<br />tee, which negotiated contract with,plala-
<br />tiff corporation for Installation of vend•
<br />1ng machines In city post office, consti-
<br />tuted Integral part of Post Office Depart-
<br />ment (now United States Postal Service)
<br />and was thus Instrumentality of United
<br />States for purpose of determining propri-
<br />ety of gulf by plaintiff corporation for
<br />declaratory Judgment that contract was
<br />valid and enforceable for five years In
<br />accordance with Ito terms. Automatic
<br />ltetaller■ of Amerlea, lur v. Ituppell, 11.
<br />Ft p. gas.
<br />C.luwa Iml, 2du '.Su It.
<br />Sovereign Immunity barred recovery of
<br />punitive damages against the Ser►lce and
<br />therefore, in falruess, also precluded Im-
<br />Posltion of punitive damages against
<br />portal employee's union In case In which
<br />both Service and union had breached du-
<br />ties to auployee. Bowen v. U. S. Postal
<br />Service, D.C.Va.1070, 470 F.Supp. 1127.
<br />PROVISIONS
<br />proper payment of other forms of CA
<br />penutlon based on basic Pay. that 'I
<br />premium wages. In an amount sutfl
<br />ell
<br />to reflect equallsatloo payment ms.
<br />qulrements of rule pertaining to class
<br />(too. Burns v, U. 8. Postal Service, ))f;(
<br />N.Y.1074, SW F.Supp. an. I
<br />Is action by Service supervisory r
<br />ployees aeeking declaration that defaMf
<br />ants had violated this title by refuslnt
<br />treat compensation as basic pay ■od 4b
<br />refusing to make contributions to retl
<br />meat fund, class treatment for those #
<br />Pervlsors who had recelved aquallutloat
<br />paymeal and who were receiving a4
<br />would receive cost of living lacres" all
<br />without proper contribution by Servlce to
<br />civil service retirement fund was Inappro.
<br />prlate, where. In fact, It was probable
<br />that Tsai majority of supervisors were
<br />actually pleased that Service gave them
<br />additional compensation without deduct.
<br />Ing anything for retirement purposes,
<br />Id.
<br />If. Compronslae or settlement
<br />Fact that Department of Justice is
<br />compelled by law to furnish legal repro.'
<br />sentatlon to the Service does not bind or
<br />prevent settlement authorization specie.
<br />calls granted to the Service by sectlor
<br />2008 of this title. Leonard v. U. S. Post-
<br />al Service. D.C.Mass.1073, 300 F-supp, 440,
<br />affirmed 480 F.2d 814.
<br />§ 410. Application of other laws
<br />(a) Except as provided by subsection (b) of this section, and ex.
<br />cept as otherwise provided in this title or insofar as such laws re-
<br />main in force as rules or regulations of the Postal Service, no Fed-
<br />eral law dealing with public or Federal contracts, property, works,
<br />officers, employees, budgets, or funds, including the provisions of
<br />chapters 6 and 7 of title 6, shall apply to the exercise of the powers
<br />of the Postal Service.
<br />(b) The following provisions shall apply.to the Postal Sa vice:
<br />(1) section 562 (public information), section 662a (records
<br />about individuals), aecUon 562b (open meetings), 8102 4 (em-
<br />ployment of reading assistants for blind employees and inter-
<br />preting assistants for deaf employees), section 3110 (restric-
<br />46
<br />►c`
<br />Ch. 4 GENERAL At'
<br />tions on employment of relative -
<br />(a ntidiacrimi nation ; right to tie
<br />bility, security, and conduct of
<br />(withholding city income or et
<br />6532 (dual pay) of title 6, excel)
<br />der such chapters or sections sh
<br />unless expressly made applicable
<br />(2) all provisions of title 18 d
<br />the mails, and officers or emplo
<br />United States;
<br />(3) section 107 of title 20 (kn
<br />Act, relating to vending machine
<br />(4) the following provisions of
<br />(A) sections 258a-258e
<br />ceedings) ;
<br />(B) sections 270a-270e (It
<br />ing to performance bonds) ;
<br />(C) sections 276a-276a-7
<br />Act, relating to prevailing wa
<br />(D) section 276c (relatini
<br />contractors);
<br />(E) chapter 5 (the Con
<br />Act) ; and
<br />(F) chapter 15 (the Got
<br />Act) ;
<br />(5) the following provisions of
<br />(A) sections 35-45 (knol,v
<br />lacing to wages and hours)
<br />(B) chapter 6 (the Servic,
<br />(6) sections 2000d, 2000d-1-2(
<br />Civil Rights Act of 1964) ; and
<br />(7) section 19 of tits Occupat:
<br />1970 (29 U.S.C. 668).
<br />(8) The provisions of the Act
<br />41614166).
<br />(c) Subsection (b)(1) of this secti
<br />sure of—
<br />(1) the name or address, past
<br />tron :
<br />(2) lniu-mation of a commerc
<br />crets, whether or not obtained fr
<br />S,-rvice. which under good burin
<br />liely disclosed;
<br />47
<br />
|