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02 :\n, jilt 2d
<br />to prescribc: the
<br />to determine the
<br />,111, and training;
<br />:x:el paper, cards,
<br />fees; to provide
<br />services; and to
<br />tl Scrvicc and to
<br />: is authorized to:
<br />)rmance of official
<br />and employees in
<br />discharge, or take
<br />:s; rclicyc officers
<br />r other legitimate
<br />. to it; dct-rminc
<br />ns arc to be con-
<br />arriers and other
<br />ieccssary to carry
<br />)men(, promotion,
<br />it and reasonable
<br />,ges in rates, fees,
<br />iervice is enjoined
<br />)r granting undue
<br />ling classifications,
<br />organization Act,'
<br />:rvicc may not be
<br />a change in the
<br />on a nationwide
<br />:ithin a reasonable
<br />tal Rate Commis -
<br />Commission shall
<br />or hearing on the
<br />the mail, and an
<br />:sent the interests
<br />lly vested in the
<br />the Board may
<br />he public by any
<br />id: c=cs of postal
<br />I,•ttt, t, ' I he .11 .`)cI\I( C i. until;ugly prohibited Irt.ln tlikult;ute: the
<br />.tddre"�,if precut, of ,Ins Ix,.t;tl pallun; ntfurnuttion of
<br />ontl,tCrci;11 n;lt,llc, ink ludin� IrAdc ,ct rc•I,,, I.hclhc► ur nut ut;lained (rota
<br />.t pcl.uu outside the I'o>I.,I tier i, c, k.•hit h un(lcr good husifIrss I)r;retire• wOI l
<br />nut Irc publicly disc loscd; infontuktion prepared for use in connection with
<br />pos1;11 r;Ile (lroc ccding;s; rc ports ,,nil mc•nu,randa of consultants ur indt•pencleul
<br />conlractors except to the cxtcllt dElt they would be required to be disclosed
<br />if prepared within the Postal Service; investigatory files, wl►ethcr or not
<br />considered closed, conkpilcd for late enforcement purposes except to the extent
<br />available by law to a party other than the Postal Service; and information
<br />prepared for use in connection with the negotiation of collective bar.gaining
<br />agreements with postal ernployecs.°
<br />§ 7. Primacy of the Postal Service vis-a-vis state and local regulation.
<br />So far as the supersession of state laws is concerned, the same principles
<br />apply when the postal powers of Congress arc exercised, as in the case of the
<br />exercise of its power over interstate commerce.10 Arcordingdv, reg►dations
<br />enacted by the states or state agencies are invalid and innperatWe insofar as
<br />they interfere or conflict with federal control." The primacy of the Postal
<br />Service does not, however, preclude the states, municipalities, or other local
<br />governmental agencies from the enactment and enforcement of laws or regu-
<br />lations which affect the postal service only incidentally, in the absence of
<br />pre-emptive federal laws or regulations governing the sub1crt." Thus a
<br />former federal statute which provided that nten)llership in any organization
<br />Of postal employees not affiliated with any outside organization imposing an
<br />obligation upon them to participate in any strike against the United States
<br />should not constitute cause for reduction in rank or compensation, or removal
<br />from service, did not indicate an intent on the part of Congress to occupy
<br />completely the field of regulation of organizations of federal postal employers,
<br />so as to invalidate a state law which prohibited its labor organizations, includ-
<br />ing those whose members were federal postal clerks, from discriminating, by
<br />reason of race, color, or creed, in the admission or treatment r,f nu•nrber. "
<br />And the power of Congress to establish post offices and post ru;tcls is not
<br />infringed by a state statute uncicr which I railway Imstal clerk, injurt•d in
<br />B. :19 USC ; 412.
<br />9. 19 USC ., 410(c).
<br />10- Crodry v Weil, 382 III 338, 48 NE2d
<br />:IH6, 14.5 ALR 1244.
<br />11. Pennsylvania R. Co. v Public Service
<br />Cum. 250 US 366, 63 L Ed 1142, 40 S Ct 36.
<br />Regulations of the Interstate Commerce
<br />Commission prescribing requisites for ca•
<br />boosc cars without platforms, and of the Post
<br />Office Department respecting like equipment
<br />of mail cars when used as end cars, amount
<br />to such an assumption of control by the
<br />United States over tilt subject matter as to
<br />invalidate a state statute insofar as it requires
<br />that a mail car, when used as the last car in
<br />an interstate train, be equipped at its rear end
<br />with a platform 30 inches in width, and with
<br />guardrails and steps. Pennsylvania R. Co.
<br />v Public Service Com., supra.
<br />12. Martin v Pittsburg & L. E. R. Co.
<br />-'(•I US 281. 11 1. Ed 181, 27 S Ct 100
<br />f limitation of liability of milmad for injury
<br />to railway mail clrrk).
<br />A.. to the necc..ity for a postal enkpluyce
<br />It, secure a stair driver's license, sec 7 Am
<br />Jur 2d, At.T01-10911.F.S AND I{IrIlWAY TRAF-
<br />FIC Q 102.
<br />As to liability of carriers for violation of
<br />state hiRhway regulations, see 7 Am Jur 2d,
<br />AUT01,10aILFS AND HIGHWAY TRAFF 6 171.
<br />13, Railway Mail Asso. v Corsi, 321, 'S 88,
<br />89 L Ed 2072, 65 S Ct 1483 (holy-ig that
<br />the provisions of the New York Civil Rights
<br />Law which prohibit any labor or)tanization
<br />from discriminating, by reason of race, color,
<br />or creed, in the admission or treatment of
<br />Inelnters, are not, as applied to an organiza-
<br />tion of are
<br />clerks of the United States
<br />Railway Mail service, in conflict with the
<br />federal power over post offices and post roads
<br />as circumscribed in article 1, section 8, clause
<br />7, of the Federal Constitution).
<br />9
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