United States Attorney'S Office, Southern District of Texas, Houston, Texas (Respondent) and American Federation of Government Employees, Local 3966 (Charging Party) (Authority decision, April 25, 2002)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority dismissing unfair labor practice allegations under 5 U.S.C. § 7116. Under 5 U.S.C. § 7123(a), an aggrieved person may seek judicial review within 60 days after issuance of the order, subject to that section’s requirements.

Plain-English summary

Four complaints involved the U.S. Attorney’s Office for the Southern District of Texas. While the cases were pending, Executive Order 13252 excluded U.S. Attorneys’ Offices from coverage of the federal labor-relations statute. The General Counsel and the respondent agreed that the exclusion removed the Authority’s jurisdiction. The Authority consolidated the cases and dismissed all four complaints on that basis. The decision does not resolve the allegations on their merits.

Decision snapshot

• Authority: 5 U.S.C. § 7103(b)(1); Executive Order 13252.
• Outcome: Four consolidated complaints dismissed for lack of jurisdiction.
• Key point: The statutory exclusion of the respondent prevented the Authority from deciding the pending complaints.

Full text (FLRA public release)

[ v57 p750 ]

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.