Barbara Morris, Petitioner, v. United States Postal Service, Respondent, 904 F.2d 44 (Fed. Cir. 1990)

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US Court of Appeals for the Federal Circuit - 904 F.2d 44 (Fed. Cir. 1990) April 4, 1990

ON MOTION

Before ARCHER, Circuit Judge, and BALDWIN and BENNETT, Senior Circuit Judges.

ORDER

ARCHER, Circuit Judge.


The United States Postal Service moves to dismiss Barbara Morris' petition for review for lack of jurisdiction. Barbara Morris has not filed a response.

Morris petitioned this court for review of an arbitrator's decision, In the Matter of Arbitration Between the United States Postal Service and the American Postal Workers Union, AFL-CIO. Recently, in Burke v. United States Postal Service, 888 F.2d 833 (Fed. Cir. 1989), we determined that we lack jurisdiction over a petition from an arbitrator's award issued pursuant to a Postal Service collective bargaining agreement. Burke, 888 F.2d at 834 (Postal Service is not an "executive agency" for purposes of 5 U.S.C. § 7121 and, further the Postal Reorganization Act does not make Sec. 7121 applicable to Postal Service employees).

Accordingly, because we lack jurisdiction,

IT IS ORDERED THAT:

The Postal Service's motion to dismiss is granted.