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

 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 STATUTE (TITLE VII OF THE CIVIL SERVICE
 REFORM ACT OF 1978) (5 U.S.C. 7101 ET SEQ.), RATHER THAN E.O. 11491, AS
 AMENDED, NOW GOVERNS LABOR-MANAGEMENT RELATIONS FOR FEDERAL AGENCIES
 COVERED BY THE STATUTE;  AND THAT THE AUTHORITY, WHICH WAS CONTINUED AS
 AN INDEPENDENT AGENCY UNDER THE STATUTE, IS RESPONSIBLE FOR
 ADMINISTERING ITS PROVISIONS.
 
    AS TO THE INSTANT PETITION, SECTION 7103(A)(3) OF THE STATUTE (5
 U.S.C. 7103(A)(3)) DEFINES "AGENCY" AS AN "EXECUTIVE AGENCY." THE LATTER
 TERM IS FURTHER DEFINED UNDER 5 U.S.C. 104 AND 105(1980) AS EXCLUDING
 THE U.S. POSTAL SERVICE.  THUS, THE POSTAL SERVICE AND ITS EMPLOYEES ARE
 NOT COVERED BY THE STATUTE AND THE AUTHORITY THEREFORE HAS NO
 JURISDICTION OVER THE MATTER HERE INVOLVED.  /1/ ACCORDINGLY, AND APART
 FROM OTHER CONSIDERATIONS,
 
    IT IS HEREBY ORDERED THAT THE PETITION FOR REVIEW BE, AND IT HEREBY
 IS, DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., AUGUST 26, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ THE SAME RESULT WOULD HAVE BEEN OBTAINED WITH THE FEDERAL LABOR
 RELATIONS COUNCIL UNDER E.O. 11491, AS AMENDED, AFTER ENACTMENT OF THE
 POSTAL REORGANIZATION ACT OF 1970.  UNDER THAT ACT, WHICH ESTABLISHED
 THE U.S. POSTAL SERVICE, TITLE 39 OF THE U.S. CODE WAS REVISED AND
 REENACTED, WITH CHAPTER 12 OF THE NEW TITLE 39 GOVERNING
 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.