23:0871(106)AR - TVA, Watts Bar Nuclear Plant, Division of Construction and PPF -- 1986 FLRAdec AR

 23 FLRA No. 106
 
 TENNESSEED VALLEY AUTHORITY 
 WATTS BAR NUCLEAR PLANT 
 DIVISION OF CONSTRUCTION
 Agency
 
 and
 
 UNITED ASSOCIATION OF 
 JOURNEYMEN AND APPRENTICES 
 OF THE PLUMBING AND
 PIPEFITTING INDUSTRY
 Union
 
                                           Case No. 0-AR-1240
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator J. Earl Williams filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute (the Statute) and
 part 2425 of the Authority's Rules and Regulations.  For the reason
 stated below, it has been determined that the Union's exceptions must be
 dismissed.
 
    The award in this case was issued pursuant to an arbitration
 proceeding between the Union and the Tennessee Valley Authority.
 Section 7103(a)(3) of the Federal Service Labor-Management Relations
 Statute (5 U.S.C. Section 7101 et seq.) defines "agency" as an
 "Executive Agency." The latter term is further defined to exclude the
 Tennessee Valley Authority.  Since the Tennessee Valley Authority and
 its employees are not covered by the Statute, the Authority does not
 have jurisdiction over the matter.
 
    Accordingly, the Union's exceptions are hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., October 31, 1986.
                                       /s/ Harold D. Kessler
                                       Director of Case Management