39 U.S.C. § 1202
Section 1202 · Bargaining units
Amended 1 time on record
Applied in 15 court decisions — leading case Bolton v. Merit Systems Protection Board (1998)
Most recently applied in Monifah A. Hamilton v. United States Postal Service (June 2016)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
The National Labor Relations Board shall decide in each case the unit appropriate for collective bargaining in the Postal Service. The National Labor Relations Board shall not include in any bargaining unit—
(1) any management official or supervisor;
(2) any employee engaged in personnel work in other than a purely nonconfidential clerical capacity;
(3) both professional employees and employees who are not professional employees unless a majority of such professional employees vote for inclusion in such unit; or
(4) together with other employees, any individual employed as a security guard to enforce against employees and other persons, rules to protect property of the Postal Service or to protect the safety of property, mail, or persons on the premises of the Postal Service; but no labor organization shall be certified as the representative of employees in a bargaining unit of security guards if such organization admits to membership, or is affiliated directly or indirectly with an organization which admits to membership, employees other than guards.