THE APPEALS PROCESS MAY SAVE A POST OFFICE, BUT ONLY IF USED



Section 10 I (b) of Tide 39 of the U.S. Code reads as follows:
'The Postal Service shall provide a maximum degree of effective and regular postal service to rural areas, and small towns where post offices are not self-sustaining. No small post office shall be closed solely for operating at a deficit (emphasis mine), it being the specific intent of the Congress that effective postal services be insured to residents of both urban and rural communities.'
Too often this section of the law governing the U.S. Postal Service has been overlooked or not carried out in the spirit that Congress intended. Consequently, in 1976 Congress added a new responsibility to the Postal Rate Commission (PRC). That new task was the responsibility of serving as an appellate court, so to speak for those interested citizens who wished to object to arty action to dose or consolidate their local post office.
The idea was to allow the local citizens to ensure the law was being carried out as Congress intended. Since the PRC accepted this new responsibility, there haw been 292 appeals by citizens to stop the taking away of their post offices. Of there, 54 have been remanded, or rejected, and sent back to the Postal Service.
It should be noted, however, that 22 of these rejected cases occurred in the first year when the Postal Service was learning how to go about the process of closing a post office. The agency has learned its lesson well; in the past 19 years, it has lost only 32 cases.
Of the almost 300 cases appealed before the PRC, 66 have been dismissed or withdrawn by the Postal Service. These cases, by and large, were ones so deficient that the Postal Service itself withdrew its efforts to close or consolidate the post offices.
One startling fact should be noted: Less than 8 percent of all post office closings or consolidations are appealed. It is hard to believe that 100 percent of the people in 92 percent of the communities faced with the loss of their post offices do not object. I suspect the real reason for so few appeals is that folks simply do not know that you can fight City Hall, or in this case, the Postal Service. Remember, it is not really so much "fighting City Hall" as it is simply being heard by a disinterested party in order to prevent a federal agency trampling on the rights of postal customers.
The Postal Rate Commission is, indeed, a disinterested third party. It has been said that, if anything, the PRC bends ever backwards not to interfere with the Postal Service's management prerogatives in these cases. in fact, the law does not allow the commission to second-guess postal management's decision to close or consolidate a post office. The Postal Rate Commission may only e the agency's decision and record, and decide whether the Postal Service has stayed within the guidelines the law has established.
The law requires the Postal Rate Commission to approve the Postal Service's decision unless the agency was:

    arbitrary, capricious, indiscreet, or otherwise not in accordance with the law,
    without observance of procedures required by law, or
    unsupported by substantial evidence on the record.
In actuality, the Postal Rate Commission may not change the Postal Service's final decision to close or consolidate an office. It can only affirm, or let stand, the agency's decision, or return (remand) for further consideration (i.e., do it right next time).Despite all the above, the appeals process is very important in bringing to light the actions of Postal Service management and ensuring they follow not only the letter of the law, but the spirit of the law, as well. Once an issue sees the light of day, minds often can be changed. Elected officials and the public can become involved. Efforts to save a post office can be galvanized.
However, unless the appeals process is used, none of these actions can occur. The key is to use the appeals process the way Congress intended. When 92 percent of the post offices are closed without the appeals process being used, the law is not working the way Congress envisioned.
The challenge - especially to retired Postmaster" to either use, or urge others to use, the appeals process where warranted. If it is not used, there is no chance to save a post office. The result is a loss not only to the community and the Postal Service-which, after all, loses a retail outlet-but to the nation as a whole.

Cliff Island Page