The Postal Regulatory Commission (PRC) has dismissed a complaint filed by the APWU alleging that the USPS is failing to comply with its own service standards and is depriving individuals, small businesses and organizations of the service they are entitled to by law. APWU alleged further that “The Postal Service’s failure to comply with the law is the result of an arbitrary decision to accelerate mail processing facility closures that were scheduled to take effect in 2014. The closures have resulted in the “regular and systematic violation” of first-class mail service standards.”

PRC Order No. 1892 – November 27, 2013

On September 5, 2013, the American Postal Workers Union (APWU) filed a complaint alleging violations by the Postal Service of 39 U.S.C. §§ 3661, 3691, and 403(c).1 The APWU alleges that the Postal Service is failing to comply with its market dominant service standard regulations in violation of title 39. Id. at 9. The Postal Service moved to dismiss the Complaint,2 and the APWU filed a response on October 2, 2013.3

For the reasons set forth below, the Motion to Dismiss is granted in part. The Commission defers ruling on one aspect of the Motion to Dismiss, namely as relates to the sufficiency of the claimed violation of 39 U.S.C. § 3691(d). Because the Commission is unable to evaluate whether, on this issue, the Complaint raises material issues of fact or law, it will, pursuant to 39 C.F.R. § 3030.20, permit the APWU the opportunity to file additional information as discussed below. The Postal Service will be afforded an opportunity to respond to the supplemental filing.

Finding. The Commission concludes that in the circumstances presented here, the APWU’s claims relating to section 3691(b)(1)(B) deficiencies are not properly the subject of a complaint proceeding. Section 3691(b)(1)(B) requires service standards to achieve the objective of “preserv[ing] regular and effective access to postal services in all communities, including those in rural areas or where post offices are not self-sustaining.” This section relates to the objectives of how service standards are to be designed, not how they should be enforced. The APWU is not complaining that the service standards themselves do not meet section 3691(b)(1)(B). Rather, it claims that “the Postal Service is regularly failing to comply with the Service Standards set by its regulations….” Complaint ¶ 21. Therefore, the Motion to Dismiss the APWU’s claims brought pursuant to section 3691(b)(1)(B) is granted.

Finding. The APWU makes general claims and provides anecdotal reports that the current service standards established by Postal Service regulations are being violated. The Postal Service argues that the Commission’s complaint rules require more. Based on the pleadings, the Commission cannot conclude that the APWU has or has not raised material issues of fact or law. In lieu of deciding that question on a less than adequate record, the Commission will, as contemplated by its rules, afford the APWU an opportunity to supplement Complaint with additional information. See 39 C.F.R. § 3030.20. In turn, the Postal Service will have an opportunity to respond.

Section 3691(d) specifically authorizes complaints based on violations of existing service standards. To that extent, the Complaint satisfies, in part, 39 C.F.R. § 3030.10(a)(2), which requires a complainant to “[c]learly identify and explain how the Postal Service action or inaction violates applicable statutory standards or regulatory requirements including citations to the relied upon section or sections of title 39, order, regulation, or other regulatory requirements[.]” However, given the nature of the Complaint, it fails to reference with sufficient specificity the regulations, and attendant service standards, being violated. At this stage of the proceeding, the Commission is not prepared to grant the Motion to Dismiss because that technical shortcoming could potentially be rectified on filing a new complaint in a new docket. Because a new complaint would raise similar issues, the APWU will be afforded an opportunity to file additional information in this proceeding to address that and the following issues.

In addition to identifying specific regulations, the APWU must provide some support, other than simple assertions,20 for its contention that the current service standards are being violated. See 39 C.F.R. § 3030.10(a)(5), which requires that complainant “[s]tate the nature of the evidentiary support that the complainant has or expects to obtain during discovery to support the facts alleged in the complaint[.]” In that regard, the APWU must do more than state that “the Postal Service has information that it has not made public that will show the violations described [in its Complaint.]” Complaint ¶ 25. Rule 3030.10(a)(5) requires the APWU to describe with greater specificity the evidence it seeks from the Postal Service In sum, the APWU must identify the specific standards it believes are being violated, the harm alleged to be caused to it by those violations, and allege facts it intends to elicit that, if proven, would constitute violations of those regulations.

If the APWU elects to file supplemental information, its filing is due no later than December 13, 2013.21 The Postal Service’s response, if any, is due, December 20, 2013.

It is ordered:
1. The United States Postal Service Motion to Dismiss the Complaint of the American Postal Workers Union, AFL-CIO, filed September 26, 2013, is granted as to the APWU’s claims under 39 U.S.C. §§ 403(c), 3661, and 3691(b)(1)(B). The Commission defers ruling on the APWU’s claim regarding 39 U.S.C. § 3691(d).
2. The APWU may file additional information related to its claim under 39 U.S.C. § 3691(d) as discussed in the body of this Order by no later than December 13, 2013.
3. The Postal Service’s response, if any, is due December 20, 2013.
4. Pending the filing of additional information by the APWU as set forth in the body of this Order, Docket No. C2013-10 will be held in abeyance.