[ v08 p386 ]
08:0386(76)AR
The decision of the Authority follows:
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.