Tennessee Valley Authority, Watts Bar Nuclear Plant and United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry (Authority decision, October 31, 1986)

Final FLRA decision. The Authority dismisses the union's exceptions to an arbitration award for lack of jurisdiction. Under 5 U.S.C. § 7123(a)(1), orders involving arbitral awards are generally excluded from judicial review unless they involve an unfair labor practice. This decision does not state that it involves one.

Plain-English summary

The Pipefitters Union challenged an arbitration award involving the Tennessee Valley Authority's Watts Bar Nuclear Plant. The Federal Labor Relations Authority did not address the award's merits. It held that the Tennessee Valley Authority and its employees are outside the federal labor statute's definition of a covered agency. The Authority dismissed the union's exceptions for lack of jurisdiction.

Decision snapshot

• Authority: Agency definition under 5 U.S.C. § 7103(a)(3).
• Outcome: Arbitration exceptions dismissed for lack of jurisdiction.
• Key point: The federal labor statute does not give the Authority jurisdiction over the Tennessee Valley Authority.

Full text (FLRA public release)

[ v23 p871 ]

23:0871(106)AR

The decision of the Authority follows:

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