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Six of the United States Postal Service’s (USPS) new workshare 
discount rates, that took effect yesterday, are shallower for nonprofit 
mailers than for commercial mailers, and unfairly discriminate against 
nonprofits, contends the Association of Nonprofit Mailers (ANM), based 
in Washington, D.C.
  
Three of the new discounts -- high density 
letters, high density flats, and automated 5-digit flats -- are higher 
than the old rates, two categories (high density plus letters and high 
density plus flats) are new and the discount for non-automated 3-digit 
flats is slightly lower than the old rate. But the key issue is the 
discrepancy between the nonprofit and commercial rates.
  
According
 to ANM Executive Director Tony Conway, worksharing discounts are 
provided when mail is prepared in certain ways, such as presorting it by
 ZIP code, effectively taking some of the burden of sorting and 
transporting off the United States Postal Service (USPS). The goal is to
 create incentives to drive the most efficient mailing behavior.
  
The
 difference is less than 4 percent or $0.003 per piece for four of the 
categories (high density letters, high density plus letters, high 
density flats and high density plus flats), with auto 5-digit flats 
being 8 percent or $0.007 per piece and a 13.5 percent difference, or 
$0.007 per piece, for non-automated 3-digit flats.
  
“We saw that 
for certain types, nonprofits are receiving a lesser discount than 
commercial counterparts,” said Conway. “We called the Postal Service on 
that, raised the issue with the Postal Regulatory Commission (PRC) and 
filed comments (in November) saying the discrepancies are not allowed by
 law.”
  
Section 403(c) of U.S. Code Title 39 prohibits 
discrimination among mail users when it establishes fees unless it has a
 reasonable justification. The USPS claims it cannot equalize the 
nonprofit and commercial rates “without setting the nonprofit base rate 
higher than would be most efficient and preferable from a policy 
perspective,” according to PRS Docket No. R2013-1. Conway said the 
USPS’s argument boils down to setting rates being a complicated process 
for everything to work perfectly all the time. That argument does not 
hold water, said Conway.
  
“So the PRC, unfortunately, instead of 
pushing back on the postal service, chose not to do that and told the 
postal service they could implement the new rates,” said Conway. “From a
 nonprofit standpoint, they’re doing the same things commercial mailers 
are doing, and to be provided a lesser discount, that’s just blatant 
discrimination for no good reason.”
  
Diana Aviv, president and 
CEO of Independent Sector in Washington, D.C., said, “Independent Sector
 has long worked to ensure that nonprofit organizations receive 
equitable treatment under the law relative to their counterparts in the 
for-profit sector. The proposed worksharing discount is another example 
of the disparate treatment of nonprofit organizations that should be 
rejected.” Independent Sector was a signatory along with eight other 
organizations on a letter of protest that was sent to Rep. Darrell Issa 
(R-Calif.), chairman of the Committee on Oversight and Government 
Reform. Issa has previously helped to block legislation that would 
eliminate the nonprofit rates.
  
Conway said his organization is 
prepared to fight the new rates in court, but he hopes that will not be 
necessary. When the PRC produces its annual compliance determination 
report in the first quarter of 2013, Conway said he believes it will 
recognize and correct the oversight. “It appears it was just sloppy work
 by the postal service in designing new rates and inattention to the 
argument we raised,” he said.
  
That is in contrast to two other 
cases where Conway said the USPS deliberately kept the nonprofit sector 
out of worksharing discounts. The first time was 1980, when worksharing 
discounts were established. The USPS said the discounts were only 
available to the commercial sector. The organization Easter Seals took 
the USPS to court and won, and from that case ANM was born. In 1996, the
 USPS again tried to discriminate against nonprofits, said Conway. This 
time, ANM was the plaintiff and won the case.
  
If the PRC 
continues to accept the USPS’s explanation for why some discounts are 
lower for nonprofits, Conway said ANM will again go to court. “We hope 
to get it straightened out through the regulatory process, but we’re 
geared up to go to court and I’m confident we will prevail,” he said.
  
If
 the new workshare discounts are allowed to stand, said Conway, that 
would “drive more inefficiency and send the wrong signals.” It’s not so 
much a question of revenue foregone, he said, as it is not allowing 
discrimination against the sector. “We’re not talking about monstrous 
overpayment, but it’s the principle,” said Conway. “To not (correct the 
mistake), be called on it and just blow it off is wrong,” he said.