The National Labor Relations Board (NLRB) denied the International Union, Security, Police and Fire Professionals of America (SPFPA) Petitioner's Request for Review of the Regional Director's Decision and Order in Case 05-RC-313581 concerning Employer Centerra Group, LLC. The Board agreed with the Regional Director's determination that Lieutenants and Captains employed by Centerra Group, LLC possess the authority to exercise independent judgment in declining to issue discipline.

The legal analysis focused on whether these supervisory roles met the criteria for supervisory status under Section 2(11) of the National Labor Relations Act. Specifically, the Board affirmed the Regional Director's finding that Lieutenants and Captains have the ability to decide whether to issue discipline, including lesser forms. This was supported by evidence from Memorandums for Record (MFRs), which normally accompany disciplinary actions. The MFRs also indicated that Lieutenants and Captains could choose not to issue discipline by deeming the MFR non-disciplinary.

The Petitioner did not dispute the Employer's maintenance of a progressive disciplinary policy. Furthermore, testimony established that MFRs were not independently investigated. The Board concluded that the authority of Lieutenants and Captains to decide whether or not to initiate disciplinary action, thereby triggering the progressive policy, demonstrated their authority to discipline, or effectively recommend discipline, within the meaning of Section 2(11). This finding was consistent with precedent, particularly the principles outlined in Oak Park Nursing Care Ctr.

Significant Cases Cited

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