®
Law Department
2005-06
Academic Year

![]()
Dear
Candidates:
The United States Postal Service Law Department invites
talented individuals to apply for second-year summer internships and entry
level Honor Attorney positions.
The Law Department, staffed with over 200 attorneys in
offices across the country, provides in-house legal representation to the
United States Postal Service, an independent establishment of the executive
branch. The Postal Service is the
largest postal service provider in the world.
Were the Postal Service to be listed among the nation’s “Fortune 500”
largest companies, it would currently rank in the top sixteen, as measured by
annual revenue, and as the second largest civilian employer.
Our varied and diverse areas of practice offer summer
interns and new attorneys challenging and rewarding assignments. Attorneys for the Postal Service practice in
many areas, including: labor and
employment, commercial, torts, economic regulation, finance, contracts,
intellectual property, real estate, legal policy, legislation, administrative,
international, information, government ethics, and consumer protection
law. Attorneys demonstrating proficiency
and creativity are rewarded with high levels of responsibility early in their
careers.
Our Headquarters office is located in
Each
year, the Law Department manages an active recruiting program. In 2006, the Law Department is planning to
fill several entry-level Honor Attorney positions. In addition, the Law Department plans to
offer sixteen positions for summer clerks in its offices nationwide. Five of the second-year summer internships
are expected to be in our
We look forward to interviewing at law schools
throughout the country this academic year.
Should you require further information, please feel free to visit our
website at www.usps.com/lawdept/, or
contact Ms. Elisa Edwards, Administrative Coordinator, Business Services, at
(202) 268-3082.
Sincerely,

Mary Anne Gibbons
TABLE OF CONTENTS
The Postal Service As A Client
Law Department
Organizational Chart
Area Law Offices
Regional Listing
Legal Authority Involving The Postal
Service …………………………………10
Resources
THE POSTAL SERVICE AS A CLIENTThe United States Postal Service is an exciting and
challenging client for any attorney. A
unique hybrid combining attributes of a governmental agency and a business
enterprise, it is governed by the provisions of the Postal Reorganization Act
(as amended), 39 U.S.C. § 101 et seq.
THE
POSTAL SERVICE AS A CLIENTThroughout most of the nation's history, the
The PRA established the
current system for the provision of postal services in the
Not surprisingly, today, the Postal Service is the
world's largest mailing system, handling over 200 billion pieces of mail
annually, over 40 percent of the world's mail volume. The Postal Service serves over 142 million
delivery points and maintains operating revenues in excess of $69 billion,
ranking in revenue among the nation’s top sixteen leading commercial
enterprises. It operates over 37,000
post offices and other postal facilities throughout the nation and has
substantial assets, including more than 8,000 owned facilities and over
200,000 motor vehicles. The Postmaster
General, who is selected by nine Presidentially‑appointed
Governors, directs a corps of professional managers and a workforce of over
700,000 career employees. The Postal
Service ranks as the nation’s second largest civilian employer.
Because the Postal Service is the only federal
government entity operating in virtually every community in the nation, it
often attracts attention in the media and the consciousness of the American
public. This increases the challenge of
our practice, and enhances the visibility and excitement of our work.
In today's world, an operation of this size and
complexity requires a broad range of highly skilled legal services to
accomplish its mission. For an attorney,
the Postal Service is a rewarding and challenging place to practice. It offers a unique opportunity to gain
valuable experience and to assume substantial responsibility practicing law in
ways more often encountered in legal departments of large corporations than in
government. Because the Postal Service
is freed by Congress from much of the day‑to‑day regulation
controlling most government activities, many of the legal services it requires
tend to be similar to those needed by private sector businesses. At the same time, the Postal Service is
foremost a public service and one of the largest government
establishments. It is subject to a broad
variety of governmental laws and, unlike private delivery businesses, the
Postal Service must litigate changes to existing postal rates and
classifications before an independent federal agency.
Our lawyers' advice actively guides our clients
through this unique maze of governmental and business law. In addition, many of our attorneys become actively
involved in litigation. Although the
Department of Justice represents the Postal Service in proceedings before the
federal courts, Postal Service attorneys may have extensive involvement in
federal court cases. Our attorneys also handle administrative litigation.
HOW THE LAW DEPARTMENT IS ORGANIZEDThe Law Department of the United States Postal Service
effectively functions as a large law firm with an enormously varied practice
serving a single client. Headed by the
General Counsel and two Deputy General Counsel, the Law Department draws on
the abilities of more than 200 career attorneys. Presently, about one-third of our attorneys
work at Headquarters in
Headquarters attorneys interact with clients at the
highest levels of the Postal Service, as well as with Assistant United States
Attorneys and other executives and leaders in government and the private
sector. Headquarters serves as a
centralized focus for the Postal Service's expertise in all areas of law in
which the Law Department practices throughout the nation and directs certain
specialized litigation and counseling.
The area law offices handle advice and litigation outside of
Headquarters.
LAW DEPARTMENT ORGANIZATIONAL CHARTHeadquarters

Area Law Offices
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
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.
The Law Department's area law offices are located in
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
Facilities & Environmental. Facilities attorneys assigned to the

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,
__
·
·
·
Air
Courier Conference v. American Postal Workers
·
· Regents of the
· Bolger v. Youngs
Drug Products Corp., 463
·
· Emery Worldwide Airlines, Inc.
v.
· Global Mail Ltd. v.
· 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 v. Banks, 3 F.3d 399 (11th Cir. 1993), cert. denied, 510
· 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
· Wyletal v.
·
·
· Morris v. Runyon, 870 F. Supp. 362 (D.D.C. 1994); Unicover Corp. v.
· Mackie v.
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
·
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
·
International
Post Corporation: www.ipc.be
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
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
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.
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
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
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
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.
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.
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:
475 L’Enfant Plaza, S.W.
Applications should be sent between
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.
Administrative
Coordinator, Business Services
Law
Department
ATTN: Lateral Position Hiring
475
L’Enfant Plaza, S.W.