United States Postal Service, Dallas, Texas (Activity) and National Association of Letter Carriers (Union)

 8 FLRA No. 76
 
 UNITED STATES POSTAL SERVICE,
 DALLAS, TEXAS
 (Activity)
 
 and
 
 NATIONAL ASSOCIATION OF
 LETTER CARRIERS
 (Union)
 
                                            Case No. O-AR-363
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS CASE IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR J. D. DUNNE IN A MATTER INVOLVING THE U.S. POSTAL SERVICE AND
 THE NATIONAL ASSOCIATION OF LETTER CARRIERS.  FOR THE REASONS INDICATED
 BELOW, THE EXCEPTIONS MUST BE DISMISSED FOR LACK OF JURISDICTION.
 
    SECTION 7103(A)(3) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE (5 U.S.C. 7101 ET SEQ.) DEFINES "AGENCY" AS AN "EXECUTIVE
 AGENCY." THE LATTER TERM IS FURTHER DEFINED UNDER 5 U.S.C. 104 AND 105
 TO EXCLUDE THE U.S. POSTAL SERVICE.  THUS, THE U.S.  POSTAL SERVICE AND
 ITS EMPLOYEES ARE NOT COVERED BY THE STATUTE AND THE AUTHORITY THEREFORE
 DOES NOT HAVE JURISDICTION OVER THE MATTER HERE INVOLVED.  /1/
 ACCORDINGLY, AND APART OTHER CONSIDERATIONS,
 
    IT IS HEREBY ORDERED THAT THE SUBJECT EXCEPTIONS BE, AND THEY HEREBY
 ARE DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., APRIL 8, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ CHAPTER 12 OF THE POSTAL REORGANIZATION ACT OF 1970 (TITLE 30 OF
 THE U.S. CODE) GOVERNS EMPLOYEE-MANAGEMENT RELATIONS IN THE POSTAL
 SERVICE.  AMONG OTHER THINGS, CHAPTER 12 SUBJECTS EMPLOYEE-MANAGEMENT
 RELATIONS IN THE POSTAL SERVICE IN CERTAIN RESPECTS TO THE PROVISIONS OF
 THE NATIONAL LABOR RELATIONS ACT AND THE JURISDICTION OF THE NATIONAL
 LABOR RELATIONS BOARD, TO THE EXTENT NOT INCONSISTENT WITH PROVISIONS OF
 THE POSTAL REORGANIZATION ACT.