NAPS v. USPS, Summary of Postal Service’s Cross Motion for Summary Judgment
May 12, 2025
On April 30, 2025, the Postal Service filed its cross motion for summary judgment and opposition to NAPS’s March 12 motion for summary judgment.
The Postal Service’s motion responds to NAPS’s claims that the Postal Service violated the pay and consultation requirements of the Postal Reorganization Act, 39 U.S.C. §§ 101, 1003, and 1004, in setting the Fiscal Year 2016-2019 EAS pay package. In its motion, the Postal Service argues, broadly, that it complied with the requirements of the Postal Reorganization Act in setting the FY2016-2019 pay package. The Postal Service also argues the court should defer to the Postal Service’s decision making in setting that pay package under the applicable ultra vires standard of review.
More specifically, the Postal Service argues:
1) The pay package achieved an adequate and reasonable differential in rates of pay between supervisors and other managerial personnel and the craft employees they supervise because the average annual base salary of supervisory and other managerial employees was higher than the average among craft employees.
2) The pay package achieved and maintained compensation for EAS employees that was comparable to the private sector even though the Postal Service completed no market study on comparable compensation until NAPS formally raised the issue in the December 2018 fact finding.
3) NAPS is not entitled to represent all supervisory and other managerial personnel, including the list of more than 1,000 EAS positions provided by the Postal Service during discovery.
Based on the Postal Service’s request for an extension in the briefing schedule, NAPS will file a reply motion responding to these arguments on July 9 and the Postal Service will file its final reply on August 6. The briefing will then be completed for the judge to decide these issues based on the legal arguments and evidence presented by both sides.
