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39 §409 GENERAL
<br />Nat@ E
<br />of Madonna ProteetanIa and Other
<br />Americana United r Sepsrat Ion of
<br />Church and State •' tl'lirlen, D.C.D.C.
<br />I9d7, 272 F.Mupp 112
<br />Y. 1'artl�.
<br />Post Office Employees' welfare Com.
<br />mittee through which postal employees
<br />had Installed and operated reading ma-
<br />chines In city post office constituted late -
<br />oral part of service and thus was loatru-
<br />mentality of United stales for purposes
<br />of suit by such Committee against Serv-
<br />Ice and postmaster for alleged tortious
<br />conversion of assets. Employees Welfare
<br />Committee v. Dawn, C.A.Fla.1979. W9 F.2d
<br />1375.
<br />Discharged postal employee could
<br />maintain suit against service seeking rt.
<br />Instatement and back pay without join•
<br />log the United States as a party. while
<br />T. Bloomberg. C.A..Md.1974. 501 i*2d 1379,
<br />Post Office Employee Welfare Commit•
<br />lee, which negotiated contract wlth,plslo.
<br />Ilff corporation for lastallallon of vend-
<br />Ing alachines in city post office, eonstl.
<br />luted Integral part ref Post Office Depart -
<br />meal (now united Stales Postal Service)
<br />and was thus Instrumentality of halted
<br />Stales for purpose of determining propri-
<br />ety of suit by plaintiff corporation for
<br />declaratory judgment that contract was
<br />valid and enforceable for five years In
<br />accordance with Ira terms. Automatic
<br />Retailers of America, Inc. Y. Ruppert, D.
<br />C.Iows 1967. 2tV F.Supp. SM.
<br />to. Clue anions
<br />to Action oeeklax declsration that de,
<br />ftudsols had violated this title by refus•
<br />log to treat cornpeosalloo as basic pay.
<br />SerAce supervisory employees who re•
<br />cth•ad e4uslisalluo payment without
<br />PROVISIONS
<br />proper payment of other forma of
<br />peasadon hosed on basic pay. that
<br />Premium wares, In an amount sufn
<br />to reflect equallratlon payment met
<br />4ulrementa of rule pertaining to class
<br />lion. Burns Y. U. S. Postal service, D?�Q
<br />N.Y.1974, 390 F.supp, an.
<br />In action by Service supervisory
<br />ployeee seeking declaration that defs
<br />auto had violated this title by refusln�;
<br />treat compensation as basic pay and b
<br />refusing to make cootributlooa to rah
<br />meat fund, class treatment for those a
<br />pervlsors who bad received 44uallaatlo
<br />Payment and who were receiving a4
<br />would receive cost of 1171or Increase all
<br />without proper contribution by service to
<br />civil service retirement fund was Inappro.
<br />priate, where, in fact. It was probable
<br />that vast majority of supervisors were
<br />actually pleased that Service gave them
<br />additional compensation without deduct.
<br />Ing anythlag for retirement purposes.
<br />Id.
<br />It. Csmprasalss or setUement
<br />Fact that Department of Justice lei
<br />compelled by law to furnish legal repro:
<br />sentatlon to the Service does not bind or
<br />prevent settlement authorization speclfl.
<br />cAily granted to the Service by section
<br />MM of this title. Leonard Y. U. a. Post-
<br />al Service, D.C.Maaa.1971, 300 F.Supp. 440,
<br />affirmed 480 F.2d 814.
<br />It. Damages
<br />sovereign Immunity barred recovery of
<br />punitive dameara sealant the Hervlre sad
<br />Iberefure, In fairness, Man precluded Im•
<br />Position of punlllve damages against
<br />Postal employee's union In case In which
<br />both Service and union had breached do -
<br />lies to employee. Bowen v, U. S. Postal
<br />Service, D.C.Va.1979. 470 F.Supp. 1127.
<br />§ 410. Application of other laws
<br />ch. 4
<br />GENERAL Al'
<br />Lions on employment of relative,
<br />(antidiscrimination; right to pl'
<br />bility, security, and conduct of
<br />(withholding city income or el
<br />6632 (dual pay) of title 6, excep
<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 machint
<br />(4) the following provisions of
<br />(A) sections 268a-258e
<br />ceedings) ;
<br />(B) sections 270a-270e (b
<br />ing to performance bonds) ;
<br />(C) sections 276a-276a-7
<br />Act, relating to prevailing ws
<br />(D) section 276c (relating
<br />contractors) ;
<br />(E) chapter 5 (the Con
<br />Act) ; and
<br />(F) chapter 16 (the Got
<br />Act);
<br />(5) the following provisions of
<br />(A) sections 35-46 (know
<br />,q lating to wages and hours) ; h
<br />(B) chapter 6 (the Servie,
<br />(6) sections 2000d, 2000d-1-2(
<br />Civil Rights Act of 1964) ; and
<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 5 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 Service:
<br />(1) section 552 (public information). section 552s. (records
<br />about individuals), section 652b (open meetings), 31021 (em-
<br />ployment of reading assistants for blind employees and Inter-
<br />preting assistants for deaf employe*s), section 3110 (restric-
<br />46
<br />(7) section 19 of the Occupat:
<br />1970 (29 U.S.C. 668).
<br />(8) The provisions of the Act
<br />4161-4166).
<br />(c) Subsection (b)(1) of this sects
<br />sure of—
<br />(1) the name or address, past
<br />tron:
<br />(2) Information of a commerc
<br />crets. whether or not obtained fr
<br />Service. which under good burin
<br />licly disclosed;
<br />47
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