American Postal Workers Union, AFL-CIO (Union) and United States Postal Service, Clovis (Activity)



[ v06 p456 ]
06:0456(80)AR
The decision of the Authority follows:


 6 FLRA No. 80
 
 AMERICAN POSTAL WORKERS
 UNION, AFL-CIO
 (Union)
 
 and
 
 UNITED STATES POSTAL SERVICE,
 CLOVIS
 (Activity)
 
                                            Case No. O-AR-169
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    THIS CASE IS BEFORE THE AUTHORITY ON A PETITION FOR REVIEW OF AN
 AWARD RENDERED BY ARBITRATOR WILLIAM EATON IN A MATTER INVOLVING THE
 U.S. POSTAL SERVICE AND THE AMERICAN POSTAL WORKERS UNION.  AS EXPLAINED
 BELOW, THE PETITION MUST BE DISMISSED FOR LACK OF JURISDICTION.
 
    THE PETITION IN THIS CASE, SUBMITTED ON BEHALF OF A GRIEVANT IN THE
 MATTER, WAS DIRECTED TO THE FEDERAL LABOR RELATIONS COUNCIL AND SEEKS
 REVIEW OF THE AWARD AND A WAIVER OF EXPIRED TIME LIMITS UNDER THE RULES
 AND REGULATIONS OF THE COUNCIL, WHICH WERE ISSUED PURSUANT TO EXECUTIVE
 ORDER 11491, AS AMENDED.
 
    IT IS APPARENT THAT THE GRIEVANT'S REPRESENTATIVE WAS NOT AWARE WHEN
 SUBMITTING THE INSTANT PETITION THAT THE FUNCTIONS OF THE FEDERAL LABOR
 RELATIONS COUNCIL HAD BEEN TRANSFERRED TO THE AUTHORITY BY PRESIDENTIAL
 REORGANIZATION PLAN NO. 2 OF 1978, WHICH PLAN ALSO ESTABLISHED THE
 AUTHORITY, EFFECTIVE JANUARY 1, 1979, AND THAT THE COUNCIL THEREUPON
 CEASED TO EXIST.  FURTHER IN THAT REGARD, IT IS ALSO APPARENT THAT THE
 GRIEVANT'S REPRESENTATIVE WAS NOT AWARE THAT THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STAT