American Postal Workers Union, AFL-CIO (Union) and United States Postal Service, Clovis (Activity) (Authority decision, August 26, 1981)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority. An aggrieved person may seek judicial review by filing a petition in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

A Postal Service grievant sought review of an arbitration award under an obsolete federal labor relations procedure. The Authority explained that the Postal Service was excluded from the federal service statute’s definition of an agency. It dismissed the petition for lack of jurisdiction without reviewing the arbitration award.

Decision snapshot

• Authority: 5 U.S.C. § 7103(a)(3).
• Outcome: Arbitration review petition dismissed for lack of jurisdiction.
• Key point: The Authority’s statute did not cover the Postal Service.

Full text (FLRA public release)

[ v06 p456 ]

06:0456(80)AR

The decision of the Authority follows:

6 FLRA No. 80

AMERICAN POSTAL WORKERS
UNION, AFL-CIO
(Union)

and

UNITED STATES POSTAL SERVICE,
CLOVIS
(Activity)

Case No. O-AR-169

ORDER DISMISSING PETITION FOR REVIEW

THIS CASE IS BEFORE THE AUTHORITY ON A PETITION FOR REVIEW OF AN
AWARD RENDERED BY ARBITRATOR WILLIAM EATON IN A MATTER INVOLVING THE
U.S. POSTAL SERVICE AND THE AMERICAN POSTAL WORKERS UNION. AS EXPLAINED
BELOW, THE PETITION MUST BE DISMISSED FOR LACK OF JURISDICTION.

THE PETITION IN THIS CASE, SUBMITTED ON BEHALF OF A GRIEVANT IN THE
MATTER, WAS DIRECTED TO THE FEDERAL LABOR RELATIONS COUNCIL AND SEEKS
REVIEW OF THE AWARD AND A WAIVER OF EXPIRED TIME LIMITS UNDER THE RULES
AND REGULATIONS OF THE COUNCIL, WHICH WERE ISSUED PURSUANT TO EXECUTIVE
ORDER 11491, AS AMENDED.

IT IS APPARENT THAT THE GRIEVANT'S REPRESENTATIVE WAS NOT AWARE WHEN
SUBMITTING THE INSTANT PETITION THAT THE FUNCTIONS OF THE FEDERAL LABOR
RELATIONS COUNCIL HAD BEEN TRANSFERRED TO THE AUTHORITY BY PRESIDENTIAL
REORGANIZATION PLAN NO. 2 OF 1978, WHICH PLAN ALSO ESTABLISHED THE
AUTHORITY, EFFECTIVE JANUARY 1, 1979, AND THAT THE COUNCIL THEREUPON
CEASED TO EXIST. FURTHER IN THAT REGARD, IT IS ALSO APPARENT THAT THE
GRIEVANT'S REPRESENTATIVE WAS NOT AWARE THAT THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (TITLE VII OF THE CIVIL SERVICE
REFORM ACT OF 1978) (5 U.S.C. 7101 ET SEQ.), RATHER THAN E.O. 11491, AS
AMENDED, NOW GOVERNS LABOR-MANAGEMENT RELATIONS FOR FEDERAL AGENCIES
COVERED BY THE STATUTE; AND THAT THE AUTHORITY, WHICH WAS CONTINUED AS
AN INDEPENDENT AGENCY UNDER THE STATUTE, IS RESPONSIBLE FOR
ADMINISTERING ITS PROVISIONS.

AS TO THE INSTANT PETITION, SECTION 7103(A)(3) OF THE STATUTE (5
U.S.C. 7103(A)(3)) DEFINES "AGENCY" AS AN "EXECUTIVE AGENCY." THE LATTER
TERM IS FURTHER DEFINED UNDER 5 U.S.C. 104 AND 105(1980) AS EXCLUDING
THE U.S. POSTAL SERVICE. THUS, THE POSTAL SERVICE AND ITS EMPLOYEES ARE
NOT COVERED BY THE STATUTE AND THE AUTHORITY THEREFORE HAS NO
JURISDICTION OVER THE MATTER HERE INVOLVED. /1/ ACCORDINGLY, AND APART
FROM OTHER CONSIDERATIONS,

IT IS HEREBY ORDERED THAT THE PETITION FOR REVIEW BE, AND IT HEREBY
IS, DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., AUGUST 26, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR

--------------- FOOTNOTES: ---------------

/1/ THE SAME RESULT WOULD HAVE BEEN OBTAINED WITH THE FEDERAL LABOR
RELATIONS COUNCIL UNDER E.O. 11491, AS AMENDED, AFTER ENACTMENT OF THE
POSTAL REORGANIZATION ACT OF 1970. UNDER THAT ACT, WHICH ESTABLISHED
THE U.S. POSTAL SERVICE, TITLE 39 OF THE U.S. CODE WAS REVISED AND
REENACTED, WITH CHAPTER 12 OF THE NEW TITLE 39 GOVERNING
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.