Feb 6 2013
Postmaster General Patrick Donahoe lacks the constitutional and statutory authority to unilaterally implement his announced plan to eliminate Saturday mail delivery to tens of millions of American homes and businesses, Congressman Gerry Connolly (D-VA) said Wednesday.
In a sternly-worded letter to Donahoe sent hours after the postmaster general announced that the U.S. Postal Service plans to end Saturday mail delivery starting in August, Connolly requested that USPS provide legal justification and documentation for the proposed action. The Virginia congressman made the same request to Attorney General Eric Holder and Postal Regulatory Commission Chairman Ruth Goldway.
“Logic dictates that when USPS and the Administration repeatedly request that Congress explicitly provide USPS the authority to reduce mail service from six days to five days, it is clear acknowledgement that, absent Congressional action, USPS lacks the statutory authority to do so,” Connolly said in his letter. For nearly three decades, Congress has repeatedly passed legislation prohibiting USPS from administratively transitioning to a five-day delivery mail schedule.
Connolly said that six-day mail delivery “remains a critical strength and competitive advantage for USPS that will enable it to grow business and bolster revenue in the long run.” He warned that accelerating a decline in mail volume could result in additional revenue losses and wipe out any operational cost savings, citing a 2012 confidential study commissioned by USPS showing that a 7.7 percent reduction in mail volume would lead to a revenue loss of $5.2 billion in the first year alone.
The text of Rep. Connolly’s letter to Donahoe follows :
February 6, 2013
The Honorable Patrick R. Donahoe
Postmaster General of the United States
United States Postal Service
475 L’Enfant Plaza SW
Washington, DC 20260-0010
Dear Postmaster General Donahoe:
This morning you announced that the United States Postal Service (USPS) plans unilaterally to transition to a new delivery schedule during the week of August 5, 2013, seemingly challenging the legislative powers conferred upon the Congress in Article I of the United States Constitution by dismissing the need for statutory authority to eliminate Saturday mail delivery, and directly violating Public Law 112-74, the Consolidated Appropriations Act of 2012, which states that “6-day delivery and rural delivery of mail shall continue at not less than the 1983 level.”
Based on your own comments at today’s announcement, USPS has clearly recognized that this provision contained in annual appropriations acts for nearly three decades prohibits the agency from administratively transitioning to a 5-day delivery mail schedule based on USPS testimony before Congress requesting that authority, Presidential budget submissions expressly requesting that Congress grant USPS that authority, and a plain reading of the law, precedent, and congressional intent.
As you are aware from our past conversations, I believe 6-day delivery remains a critical strength and competitive advantage for USPS that will enable it to grow business and bolster revenue over the long-run. Accelerating a decline in mail volume by moving to 5-day delivery could result in further steep revenue losses, wiping out any operational cost-savings, while worsening the condition of USPS’ balance sheet.
As a confidential 2012 USPS-commissioned market research survey concluded, service cuts resulting in a 7.7 percent mail volume reduction would lead to a revenue loss of $5.2 billion in the first year alone. To date, USPS has failed to account for the revenue losses when pursuing so-called cost savings reforms and has consistently failed to provide Congress with any substantive empirical data to make its case for a 5-day rather than a 6-day delivery mail schedule.
Logic dictates that when USPS and the Administration repeatedly request that Congress explicitly provide USPS the authority to reduce mail service from 6-days to 5-days, it is clear acknowledgement that, absent Congressional action, USPS lacks the statutory authority to do so. Accordingly, I am requesting that USPS immediately provide a legal justification for this proposed action, including all documents related to this decision, whether produced internally, contracted out, or by another government entity, and the opinion of counsel upon which you relied to make this important decision.
By way of providing a copy of this letter, I further make the same request of the Attorney General of the United States and the Chairman of the U.S. Postal Regulatory Commission as to their respective opinions regarding the statutory authority whereby you proposed to make such a decision.
Sincerely,
Gerald E. Connolly Samuel B. Graves
Member of Congress Member of Congress
CC:
The Honorable Eric H. Holder, Jr.
Attorney General of the United States
U.S. Department of Justice
950 Pennsylvania Avenue NW
Washington, DC 20530-0001
The Honorable Ruth Y. Goldway
Chairman
U.S. Postal Regulatory Commission
901 New York Avenue, NW
Suite 200
Washington, DC 20268-0001
The Post Office had a large surplus years ago and guess what, the elected Government Officials dipped into the surplus and have done so more than once. All these Government Officials forget that they work for us. I worked in Belgium for many years and they have not had Sat. mail delivery in many years and no one misses it. They have to look at the complete picture and budgets and if Sat. delivery saves $25k overtime per carrier working Sat. then it is a smart decision to cut it out. This is the 21st Century and with Direct Deposit, Bill Pay, and the internet, there is no need to deliver on Sat. We need to get our spending under control. If every department in gov. would cut 10% then we would start seeing progress. There are 14,000 vacant Government Buildings in the US and it would be nice if the Government would take care of selling or renting out these buildings, they are draining our funds as well. NO ONE HAS ANY GUTS ANYMORE.
Well gosh, a whole lot of wise, well though out positions I read here. Did anyone say that the reasonable answer to the financial problems might be to remove the prefunding requirement for the future 75 years and raise the price of a first-class stamp? That would seem reasonable to me.
I hear a lot of people bad-mouthing Darryl Issa. He is a really lucky, lucky investor who has a 450million dollar personal fortune. More than half of which he attained while in public office (during a recession). He is a good guy. He has had a lot of luck by buying remote real estate and then luckily the state keeps building roads and infrastructure out to that land. He really is an honorable man. I’m positive He has my best interest mind and I’m sure the PMG’s change of direction after their first meeting was only because Mr Issa had good speaking points and changed his mind. Nothing to see there, lets stop talking about Rep. Issa.
In their official statements both the NALC and the APWU have said that Donahoe should do nothing because Congress created the problem and Congress should fix it. While not responsible for the whole problem, Congress certainly made it much worse. So what? Arguing that Donahoe should do nothing because Congress caused the problem is like saying that you ran a red light and hit me, but if you’re not going to call for an ambulance, neither will I. Dumb! Just plain dumb! Congress has made it clear that they are not going to fix the problem. Faced with that reality, Donahoe must act.
As for some nefarious plot to privatize the Postal Service … wake up! Every time somebody uses one of our competitors, a piece of the Postal Service has been privatized. There was a time when the Post Office was the only game in town. That time is past. There is not a single part of our business for which we don’t have competition. No, not even stamp collecting. We have to do what it takes to compete successfully.
When I started with the Postal Service over thirty years ago we had a widespread and well-deserved reputation for surliness. We have worked hard to change that part of our corporate culture. And, fortunately, most of those who could not change have now retired. Today the Postal Service is the most trusted government agency and the fourth most trusted company in the country. It took a long time and a lot of hard work to earn that.
There was a time when the Post Office delivered seven days a week and twice a day. Somehow we weathered the change to six days and once a day. So get a grip; we will survive this change as well. But if we do nothing we will not survive. No Postal Service means no postal union jobs, including mine.
Let me say this! If you support the 5 day delivery method your either a 20+ year veteran looking for Saturday’s off or your just a selfish slug that only things about how you can slime and screw over your fellow up and coming carriers. Think about this? What are you going to do when all the older carriers are long gone enjoying Saturday’s and weekend’s off and then retirement? Hmm you have to get mail from someone huh? Stop thinking about yourselves and think about the up and coming YOUTH that’s going to carry this Wonderful Nation. Donahue doesn’t have any right without written consent from Congress to Broadcast on National Wide News Stations a plan with a date of termination of Saturday delivery. He should be banned and fired on the spot for doing this period! And take all his scum sucking leaches with him. WE NEED SATURDAY DELIVERY It’s in the United States Constitution and if you don’t respect this then you truly aren’t an American! POINT BLANK!
Smartcarrier you are 100% correct. I have been in your shoes and know the whole story.
As you stated NALC only concen is protecting jobs to insure flow of dues to Roland s STAPH. Democrat politicans only real concern is perserving votes regardless of cost and who is harmed.
Any postal employee knows that saturday delivery is a huge waste of money. Been carrying for 28 years and I know more about it than any Senator or Congressman alive. Doesn’t matter to me one way or the other but some carriers that are used to making an extra $25,000 a year on overtime really are crying the blues. The NALC is only trying to protect jobs, they know saturday delivery is a waste of time and money. In most postal employees minds, the end of saturday delivery would really help the financial situation and not at all destroy the service. The Demorcratic Senators that are against it are only worried about the union vote and know nothing about what we do as letter Carriers. Bob Harnest, you are an idiot.
I think the USPS will slink under the radar on this one because of Issa’s influence and the expiration date on 3/27. It is a bad thing to do, but if Congress will at the least do something about that prefunding arrangement that did what it was designed to do, financially cripple the USPS, the business can learn to adjust. We probably have no choice now. Let’s hope more reasonable thinking prevails and stops where it’s at before somebody gets the bright idea of delivering even less than five days.
This is just another step in the attempt to eventually privatize the U.S.P.S. so that the uberwealthy can step in and take control of the profitable portions of the postal service like package delivery and leave the letter mail as an expense for the government to endure. The wealthy beaurocrats such as Issa will get richer while the public suffers a loss of service and the burden of higher costs. Californians wake-up! Why would you vote for someone like Issa anyway? Is it possible to recall a congressional representative? If so I would like to sign the petition!
Reducing a past need that is no longer in demmand or needed for personal communication is a common sense wise business decision. Further reduction is necessary in
eliminating small once rural area post offices but as a result of changing demographics are now suburban offices with 5-6 in a 7-8 mile radius of a large office with stations within in 2.5 miles of a post office with a postmaster that only sells stamps and boxes mail. The USPS
is a past need of the 20th century as advances in communication technology is instant eliminating the need to
purchase a postage stamp and await a 2-3 day delivery to a
physical address. Social security is making direct deposit
the only means to receive a check. USPS revenue will continue to decrease under present business model. Effots
should be direct to capture market share in parcel and
shipping as this was only area that generated a revenue
increase in 2012 to prior.
Blood sucking politicans (poly tics) weasels on both sides only concern is paying price to get a vote from an uninformed ignorant person that has no interest in the real issues of reducing cost to preserve a tradition that was necessary in history but in the 21st century other modern means of connecting Americans has diminished the role of the USPS which is loosing 25 million dollars daily; the treasury department is financing debt ridden USPS with no means of reovery as revenue generation will continue to decline and debt will continue to increase.
Eliminating a day of delivery is supported by American public as primary product delivered is advertising low revenue generation and high distribution cost for JUNK MAIL
WHICH 98% is recycled. Congress should face reality and
make decisions that affect Americans future in positive
means and not playing politics.
Just look at Donahoe’s hair doo and you can see his not all there.
The statutory requirement to maintain current service levels expires on 3/27/2013. The Board of Governors approved the change to 5 day delivery. Darrell Issa supported the change publicly. Do you really think Mr.Donahoe would make an announcement like this if he hadn’t already had private discussions with Capital Hill and the White House? Wake up folks. It may not me popular with everyone and there may be outcries of objection but the deal is done, trust me.
I am a long-time city letter carrier, presently retired, and member of the NALC–National Association of Letter Carriers–local NALC Capitol Branch 142. For many years I was an advocate in arbitration representing the NALC.
In the recent interest arbitration, the neutral arbitrator that decided our current Collective Bargaining Agreement, AKA the “National Agreement” (hereinafter, CBA), did not vest any authority in the USPS PMG to make such an egregious unilateral action adversely affecting wages, hours of work and other conditions of employment, as well as other negotiated and protected craft employee rights.
Having said that, I echo Congressman Gerald E. Connolly of the great state of Virginia that, PMG Donohoe’s actions are so egregiously illegal and unconstitutional, but also, his unilateral actions to end Saturday delivery is in gross, flagrant and wanton disregard for the USPS/NALC CBA at Articles 1, 3 and most particularly, Article 5–the Prohibition Against Unilateral Action. There is absolutely no question that the PMG’s contractually egregious and constitutionally illegal action, if carried forth this August, will cause irreputable damage to the USPS and its basic integrity with the national postal community, but further cause catastrophic harm and irreputable damage to postal workers as the group of the most efficient postal workforce ever to walk this planet.
I would suspect that this defiant and contemptible message of the PMG’s purpose to kill thousands of jobs, decimate the USPS in the eyes of the public and retreat from the very promise this country has made to its postal patrons and businesses throughout the country is another in the major strategies to “destroy the Postal Service from within”.
Perhaps the PMG should be ordered to sit down with the union and management organizations and develop the strategies to replace the losses caused by mail decline, replacing it with a full-fledged transition strategy to gain all of the parcel/package delivery from all the web companies because, as apparently PMG Donohoe and Congressman ISSA cannot comprehend, is the gold mine of the immediate future and only waiting to be tapped by postal entrepeneurs. I believe that the NALC holds the best answer to the USPS’ financial and future delivery woes, if only the powers to be will listen to their own people. The NALC and its progressive union has always stood for the USPS continuing in perpetuity and has featured progressive bargaining to enhance delivery services of all types and classes of mail.
I beg of you in congress, in the attorney general’s office and congressional committees that have interplay with the USPS, as well as the Postal Rates Commission to end this sillyness, and center in on how the USPS can have the tools to gain the major lions’ share of parcel/package delivery so that the USPS may delivery the lions’ share of those parcels and packages and regulate its prices to offer the lowest and best prices for those deliveries to the universal mail patrons.
As for calling for the PMG to step down, I must argue against the top leader of the NALC and proffer that, what is needed herein, is to have the appropriate authority offer the written ultimatum that PMG Donohoe must go back to the public with an official news conference and rescind the future operational changes and explain that 6-day delivery of the mail shall be retained until such time as congress acts otherwise. And, if those orders are reneged against in any fashion, or delayed, that the USPS Board of Governors will require PMG Donohoe’s resignation in lieu of his being fired.
Obviously he slept with Isssaa this weekend, deal completed!
It’s about time that this be addressed along with the Postal Reform Act of 2006 that has crippled the USPS by it’s prefunding requirement. This act has been one of using the service as a cash cow to add money to the federal budget without any reference to the surplus already in the USPS CRS &FERS retirement fund. It is crippling theservice along with managements unsound business policies. This should be contingent along with reductions in upper management where there is a surplus, relocation benefits for management, and free postage for our elected officials.
What do facts have to do with any of this. I work in a mail facility that is on the shutdown list. We were one of the best performers in the area, but our mail has/is going to less efficient facilities. Why should the carriers be treated any different? (ALL decisions are political) Carper and Biden are from Delaware so who do you think has a facility that is a gaining facility? Delaware is a small state and only has one P&DC for those of you that don’t know that. (It has always been an under performer)
It would have been nice to see some backing from the NALC concerning P&DC shut downs. I havenot seen any so why should I care about the carriers. If they go to 5 day delivery it takes the heat off my job for a while.
Obviously Donahoe has been spending time with Darrell Issa. Today I had to try to explain to many of my customers what sense this change makes. Don’t get me wrong having weekends off for someone like me who has not felt like the rest of the real world is tempting but not at the cost of this proud and necessary organization and my co-workers. Thirty years in this job and I couldn’t find one good reason to make this change. We are the most efficient mail service in the world just ask any Europeans. PMG Donahoe should be ashamed and should resign if he can’t handle this situation. Maybe he should be fired! Don’t be fooled Congress did this to us and to you the American public. This is YOUR postal service. Voice your opposition to this outrageous act. Remember if we let them do this privatization is just around the corner.