53:1602(140)RP - - Army Law Enforcement Command Pacific, Fort Shafter, HI and Hawaii Teamsters and Allied Workers Local 996 - - 1998 FLRAdec RP - - v53 p1602
[ v53 p1602 ]
The decision of the Authority follows:
53 FLRA No. 140
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF THE ARMY
U.S. ARMY LAW ENFORCEMENT COMMAND PACIFIC
FORT SHAFTER, HAWAII
HAWAII TEAMSTERS AND ALLIED WORKERS
LOCAL 996, AFL-CIO
ORDER DENYING APPLICATION FOR REVIEW
March 19, 1998
Before the Authority: Phyllis N. Segal, Chair; Donald S. Wasserman and Dale Cabaniss, Members.(1)
The Union filed an application for review of the Regional Director's Decision and Order. The Activity filed an opposition to the Union's application for review.
The application is denied because the Union has failed to demonstrate that review is warranted under 5 C.F.R. § 2422.31(c), which provides that the Authority may grant an application for review when the application demonstrates that:
(3) There is a genuine issue over whether the Regional Director has:
(i) Failed to apply established law;
(ii) Committed a prejudicial procedural error;
(iii) Committed a clear and prejudicial error concerning a substantial factual matter.
The Activity filed a petition pursuant to section 7111(b)(2) of the Federal Service Labor-Management Relations Statute (Statute) seeking a bargaining unit clarification. The Regional Director found that desk sergeants and patrol supervisors are supervisors, as defined in section 7103(a)(1) of the Statute and, as such, should be excluded from the bargaining unit.
The Union claims that review is warranted on the grounds that the Regional Director: (1) engaged in prohibited ex parte communications and a conflict of interest that prejudiced the Union on a substantial factual matter; (2) committed prejudicial procedural error by finding no error in the hearing officer's rulings on certain procedural matters; (3) failed to apply established law in finding that desk sergeants and patrol supervisors are supervisors; and (4) violated established law or policy by finding that a previous agreement between the Union and the Activity did not prevent the removal of desk sergeants and patrol supervisors from the bargaining unit. We find that the record supports the Regional Director's factual findings, that the Regional Director did not act improperly or commit prejudicial error, and that the Regional Director correctly applied established law in concluding that the disputed employees are supervisors.
Accordingly, we conclude that the Union has not demonstrated that there is a genuine issue warranting review. In view of this conclusion, we deny the application for review.