GAO legal opinion says USPS doesn’t have authority to stop 6 day delivery

gaoThe claim by the Postmaster General that the U.S. Postal Service has the right to cut its mail delivery schedule from six-to-five days “rests upon a faulty USPS premise” and there is no legislative authority from Congress allowing the change, the Government Accountability Office said today in a legal opinion requested by Congressman Gerald E. Connolly (VA-11).

“The GAO legal opinion clearly rejects the Postal Service’s attempt to circumvent the law,” Connolly said.

In its letter to Connolly, GAO says that USPS is bound by current law and the current Continuing Resolution to fund the federal government requires “USPS to continue 6-day delivery and rural delivery of mail at not less than the 1983 level.”

“This impartial and definitive GAO legal opinion makes it crystal clear that USPS cannot operate outside the legislative authority of Congress and unilaterally implement a change in delivery service that many believe will not only disrupt mail service, but also exacerbate USPS revenue losses and contribute to the decline of this constitutionally-mandated service to all Americans,” Connolly said.

“Unfortunately, the Postmaster General continues to stonewall Members of Congress, withholding his legal justifications for eliminating Saturday delivery from Postal customers and the American public,” Connolly said.

“Fortunately, the Comptroller General and the dedicated, impartial analysts at GAO do not operate in a similar fashion, and I appreciate their prompt and diligent work in analyzing and issuing today’s legal opinion that clearly rejects the Postal Service’s attempt to circumvent current law under the Continuing Resolution,” the Virginia Congressman said.

“GAO’s opinion is clear that ‘USPS’s interpretation of the Continuing Resolution and of the 2012 Appropriations Act parses the statute in a fashion that frustrates both the nature and the purpose of the Continuing Resolution,’ and I hope the Postmaster General will cease wasting energy on flouting the will of Congress and the law itself” Connolly said.  “It is imperative that the USPS focus on working with Congress to pass comprehensive postal reform legislation that transforms its business model to grow and thrive in the 21st century,” Connolly said.

The U.S. Government Accountability Office (GAO) is an independent, nonpartisan agency that works for Congress. Often called the “congressional watchdog,” GAO investigates how the federal government spends taxpayer dollars. The head of GAO, the Comptroller General of the United States, is appointed to a 15-year term by the President from a slate of candidates Congress proposes.

TEXT OF LETTER FROM GAO TO CONGRESSMAN GERRY CONNOLLY  here.

 

  • neal

    postmaster donohoe should be removed for being disloyal to usps for trying to end sat deliveries if any of the union heads had any guts they would bring him up on charges like any other usps employee then mayby he would stop stonewalling congress if HIS job were at stake instead of the postal workers that REALLY work for a living

  • Klondike Cat

    Why can’t the Congress just fire the Postmaster General?

  • Doug

    Donohoe is constantly breaking the law with so called emergency suspensions, cheating the PSE’s by forcing them to work as level 4’s instead of 6’s in positions they shouldn’t be in any way ,fudging the contract in so many ways to destroy the PO and the employees lives while he smoozes at Daytona and Las Vegas to the tune of several million dollars of the PO’s money. Put him in prison where he belongs

  • http://www.facebook.com/john.donebar John Donebar

    CUT SATURDAY

  • smartcarrier

    I think Rolando and the Nalc officers should go the pen because the majority of their membership want to go to five day. They are all crooks. Hope Congress wants to subsidize us so we won’t lose any jobs , overtime and a delivery day.

  • uspslc

    The postmaster general should be removed from his position by congress for this selfish idiot minded ideas. that he has imposed on the American people and congress as well. I don’t think that man can run a supermarket, never mind the USPS.

  • Dave

    Well if the pmg decides to not except the 100 million he can do what he wants. If it is saving 2 billion I think it’s clear to cut Saturday. The people who want 6 days, and no prefunding of even 25 years are going to be the true death of the postal service. These union guys are just after dues. Why not take a member vote about 5 day? We are in bad shape, please wake up!

    • Lil Deb lover of carriers

      Dave, where do they get 2 billion? Parcels will still be sent out in trucks , offices and plants will still be open, the only savings will be $12 hr for the cca’s instead of the real letter carriers. The OT will be there during the week as they can’t get everything out in 6 days let alone five.

  • http://www.facebook.com/sj.thompson.7 Sj Thompson

    Donohoe must go

  • standtallall

    The PMG has also mentioned the possibilities of cutting down to just 4 days a week, which would make those ready to sell out the junior carriers, part time workers. And as we all know, part time workers don’ t warrant benefits…Go ahead and vote!

  • South Dakota Carrier.

    smartcarrier and dave, speak for yourself. As a carrier I do not want to go to 5 day delivery. Not only will my job be eliminated, it is not good for the PO. The PO is only in trouble because of Congress. 1 the pre funding requirement. 2, limiting how the postage rates are adjusted. Stop subsidizing “bulk” mail and make Corporate American pay an approprate rate. They are making a profit, so should the USPS if Congress want’s it to be run like a business.

  • pammy

    We need to get rid of PMG Donahue and about 1,000 of his vice presidents and replace them with executives that will actually work to grow the postal service!

  • BAD-BOX

    you selfish old farts have nothing to do but sit and wait for the mail to come on saturday. The one day cut in service will cut spending way beyond trying to fix something tTHATS BEEN TRYING TO COMPETE FOR YEARS BUT DUE TO OVER FUNDING PENSION FUND AND GOVT. CONTROL NOT ALLOWING COMPETION ITS NOT GOING TO HAPPEN IN YOUR LIFETIME. GET WITH THE PROGRAM REPUBLICANS THOUGHT YOU WANTED SPENDING CUTS SO CUT SATURDAY DELIVERY. YOU CANT REALLY SAY LOSS OF REVENUE BY NOT DELIVERING THE MAIL ON SATURDAY ASTHE POST OFFICE ITSELF WILL BE OPEN ON SAT. TAKING MONEY IN INSTEAD OF DELIVERING 2 LETTERS . SATURDAY IS THE SLOWEST DAY OF THE WEEK FOR MAIL DELIVERY 2+2=4. FORMER POSTAL EMPLOYEE MARRIED TO LETTER CARRIER NOW.

  • Dan the mailman

    we can’t deliver all we have in 6 days….we’ll never be able to do it in 5………unless 5 10hr days is ok?

  • Human Being

    If a regular Postal employee violated the law, they would be fired in a heart beat. So why not fire the Postmaster General? He is in contempt of Congress!

  • Brian

    It’s all about the union dues for the union. Lose a day of delivery and they lose money. So people wise up! I would rather have a job with 5 day delivery than no job at all. If this business continues to lose money then you can expect privatization and layoffs.