General Services Administration, Region 4, Atlanta, Georgia (Activity) and National Federation of Federal Employees, Local 1766 (Petitioner) 



[ v03 p175 ]
03:0175(23)CU
The decision of the Authority follows:


 3 FLRA No. 23
 
 GENERAL SERVICES ADMINISTRATION
 REGION 4, ATLANTA, GEORGIA
 Activity
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1766
 Petitioner
 
                                            Case No. 4-CU-4
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED UNDER SEC. 7111(B)(2) OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, A HEARING WAS HELD BEFORE
 HEARING OFFICER BRENDA GREEN. THE HEARING OFFICER'S RULINGS MADE AT THE
 HEARING ARE FREE FROM PREJUDICIAL ERROR AND ARE HEREBY AFFIRMED.
 
    UPON THE ENTIRE RECORD IN THE SUBJECT CASE, THE AUTHORITY FINDS:
 
    THE PETITIONER SEEKS TO CLARIFY AN EXISTING EXCLUSIVELY RECOGNIZED
 UNIT OF GUARDS AND FEDERAL PROTECTIVE OFFICERS (FPO'S) EMPLOYED BY THE
 ACTIVITY /1/ TO INCLUDE 14 EMPLOYEES CURRENTLY CLASSIFIED AS SUPERVISORY
 FEDERAL PROTECTIVE OFFICERS, GS-6 (CORPORALS), CONTENDING THAT THESE
 EMPLOYEES ARE NOT SUPERVISORS WITHIN THE MEANING OF SEC. 7103(A)(10) OF
 THE STATUTE. THE ACTIVITY CONTENDS THAT THE INCUMBENTS IN THE SUBJECT
 CLASSIFICATION ARE SUPERVISORS WITHIN THE MEANING OF SEC. 7103(A)(10) OF
 THE STATUTE AND, ON THIS BASIS, OPPOSES THEIR INCLUSION IN THE CERTIFIED
 UNIT.
 
    THE CORPORALS ARE ASSIGNED TO THE FEDERAL PROTECTIVE SERVICE DIVISION
 (FPSD), WHICH IS ONE OF SEVERAL DIVISIONS WITHIN THE ACTIVITY.  THE FPSD
 IS RESPONSIBLE FOR THE SECURITY AND SAFETY OF THE PROPERTY, PERSONS,
 BUILDINGS, AND GROUNDS UNDER THE CHARGE AND CONTROL OF THE ACTIVITY.
 THE GUARDS AND FPO'S INCLUDING THE GS-6 CORPORALS, ARE STATIONED
 THROUGHOUT CITIES IN REGION 4 WHICH ENCOMPASSES THE STATES THROUGHOUT
 THE DEEP SOUTH AND THE SOUTHEAST.
 
    THE RECORD REVEALS THAT THE CORPORALS IN QUESTION FALL INTO TWO
 DISTINCT CATEGORIES;  THOSE WHO ARE THE SENIOR OFFICERS ON DUTY AT THEIR
 PARTICULAR INSTALLATION, AND THOSE WHO ARE STATIONED IN INSTALLATIONS
 WHERE A SERGEANT IS THE SENIOR OFFICER.  AS A CONSEQUENCE, THE DUTIES,
 RESPONSIBILITIES AND AUTHORITY OF THE CORPORALS VARY UPON WHETHER OR NOT
 THEY ARE THE SENIOR OFFICER AT THEIR INSTALLATION.  CORPORALS ARE THE
 SENIOR OFFICERS AT TEN LOCATIONS AND SERVE UNDER A SERGEANT AT FOUR
 OTHERS.
 
    ALL CORPORALS PERFORM CERTAIN DUTIES REGARDLESS OF THE LOCATION OF
 THEIR ASSIGNMENTS.  THE RECORD INDICATES THAT THE MAJOR FUNCTION OF ALL
 CORPORALS IS THE PRESERVATION OF SECURITY AND SAFETY AT HIS/HER POST.
 IN ADDITION, ALL CORPORALS CARRY OUT CERTAIN ADMINISTRATIVE FUNCTIONS
 SUCH AS THE PREPARATION OF MONTHLY SHIFT ASSIGNMENTS, WHETHER OR NOT
 THEY ARE THE SENIOR OFFICER.
 
    THE RECORD REVEALS, HOWEVER, THAT SIGNIFICANT DIFFERENCES EXIST IN
 THE AUTHORITY EXERTED BY CORPORALS SERVING AS SENIOR OFFICERS AS
 COMPARED TO THEIR COUNTERPARTS STATIONED AT INSTALLATIONS HEADED BY
 SERGEANTS.  CORPORALS ACTING AS SENIOR OFFICERS CONSISTENTLY EXERCISE
 INDEPENDENT JUDGMENT IN PERFORMING THEIR WORK.  THEY HAVE SIGNIFICANT
 IMPACT UPON THE HIRING DECISIONS OF THE ACTIVITY, IN THAT THEY REGULARLY
 INTERVIEW PROSPECTIVE EMPLOYEES, (OFTEN TRAVELING TO CONDUCT THESE
 INTERVIEWS), AND THEIR RECOMMENDATIONS EFFECTIVELY DETERMINE THE FINAL
 HIRING DECISION OF THE AGENCY.  SENIOR CORPORALS ARE RESPONSIBLE FOR
 ASSIGNING AND DIRECTING DUTIES OF THE FPO'S (GS-5) AND GUARDS UNDER
 THEIR COMMAND.  THEY REGULARLY VISIT OTHER OFFICES WITHIN THEIR
 JURISDICTION FOR THE PURPOSE OF REVIEWING ONGOING OPERATIONS.
 FURTHERMORE, THE SENIOR CORPORALS HAVE A MAJOR ROLE IN ADMINISTERING THE
 GRIEVANCE PROCEDURE AND THE AUTHORITY TO INITIATE DISCIPLINE.  THEY HAVE
 THE FINAL AUTHORITY TO IMPLEMENT A SETTLEMENT OF A GRIEVANCE IF THE
 SETTLEMENT IS ACCEPTABLE TO THE EMPLOYEE.  IN ADDITION, THE SENIOR
 CORPORALS RECOMMEND DISCIPLINARY ACTIONS DIRECTLY TO THE SUPERVISORY
 LIEUTENANTS.  THE RECORD INDICATES THAT THESE RECOMMENDATIONS ARE
 REGULARLY ACCEPTED AND FOLLOWED.  THEY ALSO HAVE A MAJOR ROLE IN
 DETERMINING PROMOTIONS.  BOTH THEIR PERSONNEL EVALUATIONS AND
 RECOMMENDATIONS ARE EFFECTIVE IN DETERMINING THE PROMOTIONAL DECISIONS
 OF THE ACTIVITY.  ACCORDINGLY, THE AUTHORITY FINDS THAT CORPORALS
 SERVING AS SENIOR OFFICERS AT THEIR PARTICULAR INSTALLATIONS IN GENERAL
 SERVICES ADMINISTRATION, REGION 4, ARE SUPERVISORS AS DEFINED UNDER SEC.
 7103(A)(10) OF THE STATUTE, AND WILL THUS BE EXCLUDED FROM THE
 BARGAINING UNIT.
 
    THE RECORD FURTHER DISCLOSES THAT THE SUPERVISORY AUTHORITY OF
 CORPORALS SITUATED IN INSTALLATIONS HEADED BY SENIOR SERGEANTS IS
 EXTREMELY LIMITED.  THERE IS NO INDICATION THAT THEY CONSISTENTLY
 EXERCISE INDEPENDENT JUDGMENT IN THE PERFORMANCE OF THEIR DUTIES.  THESE
 CORPORALS HAVE NO ROLE IN THE HIRING PROCEDURE.  ADDITIONALLY, THEY HAVE
 NO AUTHORITY TO PROMOTE, LITTLE IF ANY JURISDICTION OVER ASSIGNMENTS, NO
 ROLE IN THE GRIEVANCE PROCEDURE, AND THEIR AUTHORITY TO DISCIPLINE IS
 LIMITED TO MAKING RECOMMENDATIONS TO THE SENIOR SERGEANT.  THEIR
 ADMINISTRATIVE DUTIES ARE FEW, AND ARE ROUTINE AND CLERICAL IN TRAINING
 SESSIONS FOR OTHER FPO'S AND GUARDS.  MOREOVER, THE RECORD REVEALS THAT
 THE ACTIVITY ITSELF RECOGNIZES THAT THE SUPERVISORY AUTHORITY OF
 CORPORALS SERVING UNDER SERGEANTS EXISTS ONLY IN THE ABSENCE OF THE
 SENIOR SERGEANT AND IS NOT CONSISTENTLY EXERCISED.  ACCORDINGLY, THE
 AUTHORITY FINDS THAT CORPORALS SERVING AT INSTALLATIONS IN GENERAL
 SERVICES ADMINISTRATION, REGION 4, IN WHICH A SERGEANT IS STATIONED AND
 ACTS AS THE SENIOR OFFICER ARE NOT SUPERVISORS AND WILL BE INCLUDED
 WITHIN THE BA