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57 FLRA No. 163
UNITED STATES ATTORNEY'S OFFICE
SOUTHERN DISTRICT OF TEXAS
HOUSTON, TEXAS
(Respondent)
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3966
(Charging Party)
DA-CA-00871
DA-CA-00888
DA-CA-90206
DA-CA-90561
_____
DECISION AND ORDER
April 25, 2002
_____
Before the Authority: Dale Cabaniss, Chairman, and
Carol Waller Pope and Tony Armendariz, Members [n1]
In each of these cases, the Respondent is the United States Attorney's Office for the Southern District of Texas. On January 7, 2002, the President issued Executive Order 13252, "Exclusions From the Federal Labor-Management Relations Program," exempting, as relevant here, United States Attorneys' Offices from coverage of the Federal Service Labor-Management Relations Statute (the Statute). [n2]
Subsequently, the Authority requested and received submissions from the parties as to why these cases should not be dismissed for lack of jurisdiction in light of the Executive Order. In their submissions, the General Counsel and the Respondent agree that, since the Executive Order exempts United States Attorneys' Offices from coverage of the Statute, the Authority lacks jurisdiction to decide the cases and should dismiss the complaints. [n3]
We agree that, in light of Executive Order 13252, the Authority lacks jurisdiction to decide these cases. Accordingly, we dismiss the complaints.
Footnote # 1 for 57 FLRA No. 163
Inasmuch as each case involves the same parties and a common issue, the Authority has consolidated these cases for decision.
Footnote # 2 for 57 FLRA No. 163
The Executive Order was issued pursuant to § 7103(b)(1) of the Statute, which provides:
The President may issue an order excluding any agency or subdivision thereof from coverage under this chapter if the President determines that--
(A) the agency or subdivision has as a primary function intelligence, counterintelligence, investigative, or national security work, and
(B) the provisions of this chapter cannot be applied to that agency or subdivision in a manner consistent with national security requirements and considerations.
Footnote # 3 for 57 FLRA No. 163
The Charging Party did not file a submission in response to the Authority's request.