On the recordApril 24, 2012
I am only going to speak very briefly. I wish to shine a spotlight on a provision of Senator McCain's substitute that has not yet been discussed that actually raises constitutional issues. All of us believe the labor force of the Postal Service is too large and unfortunately will have to be reduced, and we do that through a system of buyouts and retirement incentives through a compassionate means very similar to the way a large corporation would handle the downsizing of its employees. But Senator McCain's alternative takes a very different approach. It would have this new control board that would be created to impose on the Postal Service an obligation to renegotiate existing contracts to get rid of the no-layoff provision. I will say I was very surprised when the Postmaster General signed the kinds of contracts he did this spring. The fact is Senator McCain's amendment--section 304 of which amends section 1206 of existing law-- requires existing contracts to be renegotiated. That creates constitutional questions. The potential constitutional issue derives from the contracts clause of article I, which prohibits States from passing laws impairing the obligation of contracts. Of course, this provision does not apply to the Federal Government.…





