TYPICAL STRUCTURES

Headquarters

Organization Chart

Area Law Offices

Organization Chart
HEADQUARTERS ORGANIZATION

The Law Department at Headquarters is organized into five general Sections designed to meet the needs of a diverse and complex Headquarters management organization. The five Sections include:

· Civil Practice,

· Corporate Law,

· Employment and Labor Law,

· Legal Policy and Ratemaking Law, and

· Purchasing and Commercial Protection.

This structure permits attorneys within each Section to become proficient in many subject areas, while also developing expertise in specific fields. The Managing Counsel for each Section reports directly to the Deputy General Counsel, Headquarters. Each Section is described briefly below.

n Civil Practice

The Civil Practice Section is responsible for handling complex, commercial, and appellate litigation; for ensuring consistent compliance with governmental ethics requirements; and for designing and providing legal training to the Postal Service and its attorneys and paralegals. The Section's practice areas include the following:

Commercial and Appellate Litigation. This practice area litigates high-profile and other commercial cases before the Board of Contract Appeals, the Court of Federal Claims, and other federal courts. This practice area also handles Postal Service appellate litigation before all federal Courts of Appeals in all substantive areas of the law, including cases involving labor law, employment discrimination, employment actions, contracts, and torts.

Ethics And Federal Requirements. This practice area provides advice and counseling concerning the federal ethics program, including advising on conflict‑of‑interest laws and regulations and Hatch Act restrictions on political activity. This practice area also ensures compliance with the financial reporting requirements for federal employees.

Alternative Dispute Resolution And Training. This practice area provides advice and counseling to our clients with regard to Postal Service programs to resolve disputes more quickly, at less cost, and with better results than could be achieved through litigation. The practice area is also responsible for designing and implementing legal training programs for the Law Department and our clients.

n Corporate Law

The Corporate Law Section handles key legal issues that present unique challenges because of the Postal Service's dual business and government roles. The Section’s practice areas include the following:

Business and Finance. This practice area assists in the development and promotion of a wide variety of new or enhanced postal products and services through the use of a variety of business relationships with the private sector, such as strategic alliances, affiliate agreements, and promotional and licensing agreements. This practice area also provides advice and support to assist with the management of Postal Service funds and the formulation of investment, financial reporting and corporate governance policies.

Customer Protection and Privacy. This practice area provides expertise on information law, including the Freedom of Information Act, which governs public access to federal agency records, and the Privacy Act, which imposes standards for the maintenance, use, and disclosure of agency records pertaining to individuals. This practice area also coordinates with the Inspection Service and represents the Postal Service in consumer protection actions before administrative law judges. This section also reviews postal advertising.

Information Technology. This practice area provides assistance and guidance on postage payment systems and on the development of Intelligent Mail products and services, which utilize encoded information on mail pieces to streamline postal processing and provide electronic information about the mail to the sender.

International Law. This practice area advises management and represents the Postal Service on all aspects of its international business. This includes advising management on cross-border services, postal regulations, international postal agreements, customs issues, and participation in the Universal Postal Union (UPU), a specialized United Nations agency headquartered in Bern, Switzerland.

n Employment and Labor Law

This Section provides legal guidance and litigation support related to human resources, diversity, and labor relations organizational units. In addition, this Section coordinates the handling of significant and complex litigation matters. Employment and Labor Law’s work includes the following practice areas:

Human Resources. This practice area contributes to policy development and training on employment discrimination, sexual harassment, diversity, restructuring, employee benefits, selection and hiring, and other crucial workplace issues.

Labor Relations. This practice area participates in collective bargaining, which includes the negotiation of wages for hundreds of thousands of employees, represents the Postal Service in national level and interest arbitrations, and provides advice on a very broad range of labor issues.

National Employment Litigation Unit. This practice area coordinates the handling of significant and complex litigation matters, including class actions.

n Legal Policy and Ratemaking Law

This Section is responsible for advising the Postal Service regarding the intersection of its responsibilities as an independent establishment of the Executive Branch with its role as a major service provider in the expanding marketplace for domestic and global communications. This advice centers principally on the legal and regulatory issues. In addition, this section provides advice on legislation and litigates affirmative revenue protection actions. The Section includes the following practice areas:

Legislative. This practice area assists senior management with the preparation and coordination of the legislative program of the Postal Service. This work involves analyzing the effect of and preparing the official Postal Service views on a variety of issues, ranging from global postal reform legislation to energy conservation, as well as drafting bills and amendments for use by members of Congress in connection with legislative initiatives.

Policy Development and Review. This practice area serves as a resource for other sections of the Law Department on fundamental issues concerning legal policy and the nature and powers of the Postal Service. In addition, this practice area furnishes advice concerning the impact of international trade obligations and the Private Express Statutes, which are federal statutes restricting the private carriage of letters.

Ratemaking. The ratemaking practice area handles all legal functions pertaining to domestic rate, classification, and service changes. Specifically, attorneys assist in formulating proposals for rate, classification, and service changes, including changes to enable the implementation of new types of services. Attorneys also litigate multi-billion dollar changes in domestic postal rates, fees and classifications before the Postal Rate Commission and handle court litigation arising out of such proceedings. This practice area also furnishes advice and interpretation associated with the implementation of rate and classification changes.

Revenue Protection. This practice area provides advice and litigation support on specialized areas of law, including mail classification, retail, delivery, and other related matters.

n Purchasing and Commercial Protection

The Purchasing and Commercial Protection Section is responsible for legal matters related to purchasing, and protection of intellectual property. Specific practice areas include the following:

Intellectual Property. This practice area assists management in acquiring, defending, and licensing rights to stamp designs, trade and service marks, patents on inventions, and other valuable property.

Purchasing Law. This practice area provides advice and support to management to enable it to acquire the supplies, equipment, and services needed to operate a vast, technologically advanced organization. The Postal Service’s purchasing portfolio is quite impressive, and creates opportunities for interesting and challenging high-profile assignments.

AREA LAW OFFICES STRUCTURE

The Law Department's area law offices are located in Chicago, Dallas, Memphis, New York, Philadelphia, St. Louis, Salt Lake City, San Francisco, Washington, D.C., and Windsor, Connecticut. Satellite offices are located in Atlanta, Charlotte, Denver, Long Beach, Miami, Tampa, and in the Portland, Oregon area. The area law offices constitute smaller legal departments that provide legal services to the Postal Service's area and district management organizations. The Managing Counsel for each area law office reports directly to the Deputy General Counsel, Field.

Attorneys in the area law offices develop a broad range of subject matter expertise in some of the subject areas also practiced at Headquarters. A large share of the litigation work revolves around labor and employment cases. Attorneys in these offices represent postal management in Merit Systems Protection Board proceedings, Equal Employment Opportunity Commission administrative hearings, National Labor

· Relations Board charges and trials, and arbitrations arising out of employment grievances. They provide legal advice to managers on issues as diverse as employment discrimination, labor picketing, and discipline. Attorneys in area law offices provide support in federal district court litigation handled by Assistant United States Attorneys.

The practice of our attorneys in area law offices covers a diverse array of other areas of the law that affect postal management, including contracts, torts, ethical conduct, mail disputes, environmental law, information access, and acquisition and disposal of real estate. The attorneys also provide advisory services to clients in the facilities, procurement, and transportation areas, and represent those clients before the Postal Service Board of Contract Appeals.

The attorneys in area law offices are actively involved in conducting client training programs. In addition, they work side‑by‑side with Headquarters attorneys on various nationwide projects.

Specialties

Below is a summary of a few specialty functions handled in the area law offices.

Torts. The General Law Service Center in St. Louis adjudicates claims brought under the Federal Tort Claims Act through an administrative process concerning liability and damages, and works with the United States Attorney's Offices around the country in defending the Postal Service in FTCA federal district court actions. Generally, these cases involve negligence actions based on serious vehicle accidents or slip and fall, and other injuries on postal premises, constitutional claims against employees, and claims of misconduct against Postal Inspectors.

Facilities & Environmental. Facilities attorneys assigned to the General Law Service Center advise Headquarters clients on facilities and environmental policies and programs and work with those clients on major developmental projects. Other area law office attorneys practice in these areas as well, although they interact with local client groupings within the organization in addition to Headquarters offices.

AREA LAW OFFICES REGIONAL LISTING

LEGAL AUTHORITY INVOLVING THE POSTAL SERVICE

We invite you to browse through the following legal authority involving the Postal Service.

Statutes

Title 39 of the United States Code contains the bulk of the federal statutes affecting the Postal Service, and postal regulations are published in Title 39 of the Code of Federal Regulations.

Cases of Interest

Although our practice is not exclusively litigation‑oriented, our clients’ policies, decisions, and actions generate a wide range of controversies that are ultimately resolved by the courts. A glance through the opinions below illustrates the variety and complexity of legal issues that arise from operating our national postal system.

· Dolan v. United States Postal Service, 377 F.3d 285 (3d Cir. 2004), cert. granted,

__ U.S. __ (2005), 73 U.S.L.W. 3630. At issue is the Postal Service’s sovereign immunity under the Federal Tort Claims Act for negligent transmission of the mail.

· United States Postal Service v. Flamingo Industries, 124 S. Ct. 1321 (2004). The Postal Service is not a “person” subject to federal antitrust laws.

· United States Postal Service v. Gregory, 534 U.S. 1 (2001). Disciplinary actions that are the subjects of ongoing challenges can nevertheless provide a basis for subsequent discipline.

· Air Courier Conference v. American Postal Workers Union, 498 U.S. 517 (1991). Postal unions do not have standing to challenge suspensions under the Private Express Statutes for outbound international mail.

· United States v. Kokinda, 497 U.S. 720 (1990). Constitutionality of regulations banning solicitation on postal property.

· Regents of the University of California v. Public Employment Relations Board, 485 U.S. 589 (1988). Regulation of the private carriage of letters.

· Bolger v. Youngs Drug Products Corp., 463 U.S. 60 (1983). Constitutionality of law against mailing of unsolicited advertisements for contraceptives.

· United States Postal Service v. Council of Greenburgh Civic Associations, 453 U.S. 114 (1981). Constitutionality of mailbox access restriction.

· Emery Worldwide Airlines, Inc. v. United States, 264 F.3d 1071 (Fed. Cir. 2001). Postal Service’s award of a sole-source air transportation contract to an air carrier was upheld as rational.

· Global Mail Ltd. v. United States Postal Service, 142 F.3d 208 (8th Cir. 1998). Postal Service subject to suit under the Lanham Act.

· Baker v. Runyon, 114 F.3d 668 (7th Cir. 1997). Nonavailability of punitive damages against the Postal Service in Title VII actions.

· Mengine v. Runyon, 114 F.3d 415 (3d Cir. 1997). Duty to accommodate under the Rehabilitation Act.

· Krizman v. Merit Systems Protection Board, 77 F.3d 434 (Fed. Cir. 1996). Claims of involuntary retirement during Postal Service restructuring.

· Pennsylvania Department of Environmental Resources v. United States Postal Service, 13 F.3d 62 (3d Cir. 1993). Postal Service subject to state civil penalties for alleged environmental violations under Clean Water Act.

· United States v. Banks, 3 F.3d 399 (11th Cir. 1993), cert. denied, 510 U.S. 1129 (1994). Whether reasonable suspicion existed to delay Express Mail package until drug detection canine could provide probable cause for search warrant.

· Arnold v. United States Postal Service, 863 F.2d 994 (D.C. Cir. 1988), cert. denied, 493 U.S. 846 (1989). Appropriate method of statistical analysis in age discrimination case alleging disparate impact.

· Mail Order Association of America v. United States Postal Service, 986 F.2d 509 (D.C. Cir. 1993). Whether the Postal Service, when seeking judicial review of Postal Rate Commission decision, may do so on its own if the Department of Justice has declined to represent its fundamental positions or to consent to self‑representation.

· Wyletal v. United States, 907 F.2d 49 (7th Cir. 1990). Application of doctrine of comparative negligence where letter carrier and pedestrian walked into each other on public sidewalk.

· United States v. City of Pittsburgh, 661 F.2d 783 (9th Cir. 1981). Preemption of municipal trespass ordinance by Postal Reorganization Act to permit letter carriers to cross residential lawns during mail delivery.

· United States Postal Service v. Phelps Dodge Refining Corp., 950 F. Supp. 504 (E.D.N.Y. 1996). Claim that seller breached real estate contract by failing to remediate serious underground contamination.

· Morris v. Runyon, 870 F. Supp. 362 (D.D.C. 1994); Unicover Corp. v. United States Postal Service, 859 F. Supp. 1437 (D. Wyo. 1994). Authority of Postal Service to destroy overwhelming bulk of stamp sheets containing errors and sell remainder as collectors' items.

· Mackie v. Clinton, 827 F. Supp. 56 (D.D.C. 1993). Determination of whether there was a vacancy on the USPS Board of Governors which the President could fill by recess appointment.

RESOURCES

POSTAL SERVICE CASES OF INTERESTInformation about the Postal Service and the postal sector can be obtained from the following websites:

· Postal Service

· Postal Service: http://www.usps.com

· USPS Law Department: http://www.usps.com/lawdept/

· Postal Explorer: http://pe.usps.gov

· Statutes and Regulations

· Title 39, United States Code: http://www.gpoaccess.gov/uscode/browse.html

· Title 39, Code of Federal Regulations: http://www.access.gpo.gov/nara/cfr/cfr-table-search.html#page1

· Employment and Labor Agencies

· Equal Employment Opportunity Commission: www.eeoc.gov

· National Labor Relations Board: www.nlrb.gov

· Merit Systems Protection Board: www.mspb.gov

· Postal Policy and Regulatory Affairs

· Postal Rate Commission: http://www.prc.gov

· US Department of State: http://www.state.gov/p/io/ipp/

· President’s Commission on the Postal Service: http://www.treas.gov/offices/domestic-finance/usps/

· Trade Press

· Postalnews.com: http://www.postalnews.com/

· Postcom: http://www.postcom.org

· Federal Times: http://www.federaltimes.com

· Linn’s Stamp News: http://www.linns.com

· International

· Universal Postal Union: www.upu.int

· International Post Corporation: www.ipc.be

LAW DEPARTMENT RECRUITINGRECRUITING PROCESS

The Law Department has developed a high quality staff of attorneys through its recruiting program. Our recruiting efforts have enabled the Law Department to build a strong base of innovative talent by developing the skills of summer interns and new attorneys in areas of practice important to the Postal Service. At the same time, it has provided scores of attorneys with the opportunity to gain practical experience at a level of responsibility uncommon for the first several years of private practice at a large firm. We believe that the result has been a satisfied client and satisfied attorneys.

As with hundreds of other legal employers, we generally meet our future entry‑level attorneys at on‑campus interviews during the fall semester. On-campus interviews are conducted at ABA-accredited law schools throughout the country. There are a number of schools with which we have enjoyed long‑standing and fruitful relationships. From year to year, we also visit other schools in an effort to develop a pool of candidates with which to meet our geographically diverse hiring needs. While we are unable to visit every law school, we realize that many schools not on our itinerary produce talented attorneys with qualities that our recruiting program emphasizes. Therefore, we welcome résumés from students at schools that we cannot visit.

A limited number of candidates for summer intern positions are invited to return for second interviews with attorneys in area law offices or at Headquarters. Similarly, a limited number of third year candidates, including those interested in an area law office position, are usually invited to Washington, DC for second interviews, although an area law office may conduct call-back interviews. Due to budgetary constraints, we are unable to offer reimbursement for travel expenses for second interviews.

Successful candidates are extended tentative offers, which are conditional upon the candidate’s successful completion of drug screening, background checks, and other suitability requirements. Candidates must be U.S. citizens or resident aliens.

The Law Department is committed to providing equal employment opportunity and to reaping the benefits of having a work force that is both highly qualified and culturally diverse. In 2005, the Law Department won a Special Achievement award from the Minority Corporate Counsel Association for the Department’s efforts to promote diversity in the workplace and in the legal profession.

All applicants are considered without regard to race, color, sex, religion, national origin, age (over 40), or disability. The Law Department does not discriminate on the basis of sexual orientation and also includes among its ranks attorneys who are openly gay and lesbian.

HONOR ATTORNEY PROGRAM

Candidates with less than two years of experience are eligible for the Honor Attorney program. The Postal Service has a highly successful Honor Attorney Program, as evidenced by the career achievements of many of the men and women who have joined us under the Honor Attorney program and who have served in the Law Department for many years. A number have risen through the ranks to serve in positions of great responsibility within the Law Department. Several have assumed upper‑management positions on the client side. Others have gone on to high level positions in private practice and industry.

Competition for Honor Attorney positions is at a high level. At minimum, candidates must have graduated from an ABA-accredited law school in the United States. Successful candidates are generally in the upper third of their class, and also have moot court, law journal, or other academic or professional accomplishments.

In evaluating candidates, no undue emphasis is placed on any particular element of their educational or personal credentials. We have found that grades, writing samples and academic accomplishments provide an indication of a student's potential as a Postal Service attorney. At the same time, we

· realize that these are not the only indicators of a candidate’s potential or future success within the Law Department; other accomplishments and activities, including significant work experience and participation in legal writing fellowships and clinical programs, provide valuable insights into a candidate's future performance. Our aim in evaluating applicants is to recognize in them the analytical, advocacy and writing skills necessary to function as highly competent attorneys. We also place a high value on candidates’ interest in our practice, their sense of professionalism, and their ability to work with others, including our clients and colleagues.

Honor Attorneys are assigned to a single Headquarters Section or an area law office. Honor Attorneys assume responsibility very early in their careers. It is not uncommon for them to be assigned important projects or to take active part in litigation shortly after their arrival. Honor Attorneys receive mentoring and support from senior colleagues, and reap the benefits of working with a talented cadre of experienced attorneys.

Honor Attorneys receive evaluations twice yearly and are eligible for generous salary increases during their first two years with our Law Department. The initial salary for Honor Attorneys in 2005 is $64,700. After completing the program, attorneys join the Attorney Compensation Schedule (ACS), which provides for annual evaluations and performance-based increases. For a complete listing of compensation and benefits that our postal attorneys receive, please see Page 16, “Compensation and Benefits”.

Honor Attorneys are expected to take the bar examination at the earliest opportunity following graduation. They must be admitted to practice law in at least one state (or the District of Columbia) within 14 months from beginning employment, and once admitted, must be in good standing in a state or D.C. bar.

SUMMER INTERN PROGRAM

Each year, the Law Department hires a number of law students who have completed two years of law school to serve as legal interns at Headquarters or at area law offices during the summer months. Our Summer Intern Program serves a dual function. It provides the Postal Service with a valuable pool of legal resources during the summer months. It also serves as an important recruiting tool, giving the Law Department a chance to observe closely the work of prospective permanent employees.

Criteria for evaluation of candidates for these positions are much the same as for the Honor Attorney Program. Candidates must be enrolled at an ABA-accredited law school in the United States. For a full description of the evaluation criteria, please see Page 14.

Each intern is usually assigned to one of the Headquarters Sections or an area law office so as to match the Law Department's needs and the preferences of the interns. The work of the summer interns does not differ significantly from that of our entry‑level attorneys, although interns are more likely to be assigned legal research and writing projects initially. The General Counsel encourages the Managing Counsel to expose summer interns to a broad sample of the professional work of their respective Sections or area law office. In most instances, summer interns work closely with attorneys on particular projects and litigation, and are given substantial responsibility.

Summer interns are compensated at a salary competitive with other legal employers. Interns serving in 2005 are paid a salary of $900 per week, above many other federal intern programs. In addition, interns are reimbursed for their round‑trip travel expenses from their schools to Headquarters or the area law office location at which they are assigned.

The Law Department requires a minimum eight‑week commitment from its interns. Interns may serve up to 13 weeks during the summer. Arrival and departure dates for summer interns are flexible and take into account the wishes of the interns and the needs of the Law Department.

COMPENSATION AND BENEFITS

Among the many factors that students usually weigh in evaluating the desirability of a potential employer is its compensation and benefits package. Although the annual salary may be the most important element in any employer's package, fringe benefits can greatly enhance its value. The compensation package offered by the Postal Service compares favorably with many private sector employers and is among the very best in government.

Attorneys in the Law Department are paid in accordance with the Attorney Compensation Schedule (ACS), a system tailored by the Postal Service to the needs of the Department. Unlike the General Schedule that applies to lawyers employed by most federal agencies, the ACS allows attorneys to be compensated on the basis of performance. Entry‑level attorneys join the Honor Attorney Program at a competitive salary. In 2005, Honor Attorneys’ starting salary is $64,700, which is well above the entry level salaries offered by many other federal sector employers. In addition, for the first two years of service, Honor Attorneys may be eligible for semi‑annual pay increases. After two years of service, they are eligible for performance increases on an annual basis. Like other postal employees, attorneys are eligible for additional monetary bonuses associated with special achievement or meritorious service awards.

Postal attorneys enjoy a generous benefits package as well. New postal employees are covered by the federal government's retirement system, which permits them to make tax‑deductible contributions (that are matched by the Postal Service) to retirement investment accounts, which generate tax‑deferred income. In addition, they, along with their families, can participate in one of many group health plans to which the Postal Service pays a significant portion of the insurance premium. Free basic life insurance is provided as well. Additional term life insurance is available, including a limited amount on the attorney's spouse and children. After one year of service, employees have the option to participate in the Postal Service's Flexible Spending Account (FSA) program. The program allows employees to pay certain medical and dependent care costs with pretax earnings. Our attorneys are also reimbursed for the cost of maintaining a license to practice law, and subject to their supervisor’s approval, may participate in Continuing Legal Education (CLE) courses paid for by the Postal Service.

The Postal Service's annual leave (commonly known as “paid vacation days” in the private sector) program is also attractive. A new attorney earns 13 working days of annual leave each year. This amount is increased to 20 working days after three years of service and 26 days after 15 years of service. Sick leave is accumulated at a rate of four hours every two weeks. Additionally, the Postal Service observes 10 national holidays, and up to 12 weeks of unpaid leave is available to eligible attorneys who need time off to address family and medical matters.

In addition to these generous benefits, our career attorneys work in a collegial and professional learning environment, enjoy business casual dress policies, and in some offices, participate in flexible working locations and/or alternative work schedules.

HOW TO APPLY

Interested individuals should consult their placement offices to arrange interviews at law schools included in the Law Department’s on-campus interview program. If we are not visiting your school, we invite you to send a cover letter along with your résumé, a writing sample, and a copy of your law school transcript to:

Administrative Coordinator, Business Services

Law Department

ATTN: Law School Hiring

United States Postal Service

475 L’Enfant Plaza, S.W.

Washington, DC 20260‑1149

Applications should be sent between August 15, 2005, and October 7, 2005. Candidates who are eligible for veterans’ preference should so indicate prominently on their résumés and cover letter.

Telephone inquiries may be directed to the Administrative Coordinator, Business Services, at (202) 268-3082.

In addition, on an as‑needed basis, the Law Department hires experienced attorneys or recent law school graduates to fill specific positions. Although we cannot predict when such openings may arise, we encourage interested attorneys and recent law school graduates to send their résumés and writing samples to us at the following address so that we may have them on file for consideration should an opening arise.