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62 :'ant fur 2d
<br />to prescribe the
<br />to determine the
<br />-tit, and [raining
<br />:,c:d paper, cards,
<br />fees; to provide
<br />services; and to
<br />Il Service and to
<br />: is authorized to:
<br />,rmancc of official
<br />and employees in
<br />discharge, or take
<br />:s; relieve officers
<br />r other legitimate
<br />. to it; determine
<br />ns arc to be con-
<br />arricrs and other
<br />icccssnry to carry
<br />)mcnt, promotion,
<br />Jr and reasonable
<br />gcs in rates, fees,
<br />iervicc 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 Rntc Commis -
<br />Commission shall
<br />or hearing on talc
<br />the mail, and an
<br />,gent the interests
<br />Ily vested in the
<br />the Board may
<br />1.1
<br />he public by any
<br />Idr=xs of postal
<br />1,2 Ant fur 2d I't ),1'I OI.1.1cl.,
<br />§1
<br />I,:rl1t rr�' 1,11C PtI.S1.11 .SvIki1r• i. NiIIIiLirl%- l,ruhibitcd frr�Irr dit�ulgrnt;: the
<br />11.11ur oil .rdclres� lr.r�l ��r l,tt.,r nI, t�( ,tn� pr,•I:tl paUun; infu►nclli„n t�l ;r
<br />laI
<br />'r'r�,ctr.uuturutsidcrtlhr I't( Ilrllttic�rti1;idc�llit,lict` %-dwthcr tar nnl ul)l;rinctl (runt
<br />undo gcxul business practice ��rndd nut be publicly• disclusccl; information prepareO for use in conncctic,rt with
<br />cocne rl talc (�ruc tlings; report .end rncnurrancla (If c nnsultants or indcpcndrnl
<br />rttractors except to tale extent that the)• would be required to be disclosed
<br />if prepared within the Postal Scrvicc; investigatory files, whether or not
<br />considered closed, compiled for law enforcement purposes except to the extent
<br />avail:Ihle by law to a party other than the Postal Scrvicc; and information
<br />prepared for use in connection with the negotiation of collective bargaining
<br />agreements with postal employees.,
<br />1. Primacy of the Postal Service vis-a-vis state and local regulation.
<br />So far as the supersession of state laws is concerned, the sarne principles
<br />;apply when the postal powers of Congress arc exercised, as in the case of talc
<br />exercise of its power over interstate commerce.10 Accordingly, regulations
<br />enacted by the states or state agencies are invalid and innper,It % incnfar as
<br />i they interfere or conflict with fcdcral control." The primacy mf fit,. Postal
<br />Scrvicc dues not, however, preclude the states, municipalities, or other Inc:Il
<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 subject." Thus a
<br />i
<br />f former federal statute which provided that membership in any organization
<br />Of postal employers not afliliatcd 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 crtlployers,
<br />so as to invalidate a slate law which prohibited its labor organization., includ-
<br />ing Ihosc whose Inernbers were federal postal clerks, from discriminating. In
<br />reason of race., color, or creed, in the :tdnticsion or treatrtu•nt of rne•nIl►er• I'
<br />And the power of C:ongrecs io cst:lblish post olr1cce :nul post r,►ad. is not
<br />infringed by .1 state slatule uncicr which :I railway p1mal clerk, injurrd in
<br />8. '19 USC ; 412.
<br />9. 19 USC f 410(c).
<br />10. Cr-l.by v 1Ycil, 302 Ill 5311, 48 NE2d
<br />3116. 14.5 AI.R 1244.
<br />11. Pennsylvania R. Co, v Public Service
<br />Cum. 250 US 566, 63 L Ed 1142, 40 S Ct 36.
<br />Regulations of the Interstate Commerce
<br />Co,►rtninion prescribing requisites for ca-
<br />boose cars without platforms, and of the Pat
<br />Office Department respecting the equipment
<br />of mail cars when used as end can, amount
<br />to such an assumption of control by the
<br />United States over the subject matter as to
<br />invalidate a $talc statute insofar as it requires
<br />that a mail car, when used as the Iasi car in
<br />an interstate train, be equipped at its tsar end
<br />with a platform .10 inches in width and with
<br />guardrails and steps. Pennsylvania R. Co.
<br />v Public Service Corn., supra.
<br />12. Martin v Pittsburg & L. E. R. Co.
<br />�rl't l'S 3111. 1 1. Ed fill, 277 S C, Inn
<br />f liwilatills' of liability of railroad for injury
<br />Ill railway trail clerk).
<br />As to ,br urce%jity for a postal eury►luyee
<br />too secure a state driver's license, sec 7 Ain
<br />jur 2d, At-T01401111.ES AND 141011WAV TstAr•
<br />etc d 102.
<br />As to liability of carriers for violation of
<br />state highway regulations, see 7 Ain jnr 2d,
<br />AvTOA101111.Ba AND II1011WAv TRArrrc 1171.
<br />13. Railway Mail Asso, v Corsi, 326 US 88,
<br />89 L Ed 2072, 65 S Cl 1483 (holding that
<br />the provisions of the New York Civil Rights
<br />I.aw which Prohibit any labor organization
<br />from discriminating, by reason of rice, color,
<br />or creed, in the admission or treatment of
<br />members, are not, as applied to an orRanira.
<br />lion of postal clerks of the United States
<br />Raila;IY Mail service, in conflict with the
<br />federal power over post offices and post roads
<br />as circumscribed in article 1, section R. clause
<br />7, of the Federal Constitution).
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