UNITED STATES GOVERNMENT
NATIONAL LABOR RELATIONS BOARD
REGION 5
BANK OF AMERICA CENTER, TOWER II
100 S. CHARLES STREET, SUITE 600
BALTIMORE, MD 21201
Agency Website: www.nlrb.gov
Telephone: (410) 962-2822
Fax: (410) 962-2198
February 7, 2017
Re:
National Alliance of Law Enforcement
Officers
(Coastal International Security, Inc.)
Case 05-CB-186306
Dear
We have carefully investigated and considered your charge that National Alliance of Law
Enforcement Officers has violated the National Labor Relations Act.
Decision to Dismiss: Based on that investigation, I have decided to dismiss your charge
for the reasons discussed below.
Your charge alleges that the National Alliance of Law Enforcement Officers (the Union)
failed its duty of fair representation to you by executing a collective-bargaining agreement after
an improper ratification vote, thus violating Section 8(b)(1)(A) of the Act.
A union is not obligated to obtain ratification of any collective-bargaining agreement that
it negotiates on behalf of employees it represents. North Country Motors, 146 NLRB 671, 674
(1964). Unions are free to negotiate or make binding agreements without formal consent or
ratification. Employee ratification is a prerequisite for contract acceptance only when both
parties agree that it is a condition precedent to a binding contract. Beatrice/Hunt-Wesson, 302
NLRB 224 fn. 1 (1991); Williamhouse-Regency of Delaware, 297 NLRB 199 fn. 5 (1989). If a
union does choose to seek employee ratification, the union can apply its internal regulations to
determine sufficient ratification. International Longshoreman’s Association, Local 1575, 332
NLRB 1336 (2000); Childers Products Co., 276 NLRB 709, 711 (1985).
The investigation revealed ratification was a condition precedent to the collective-
bargaining agreement becoming effective. Evidence provided in the instant case established that
about April 26, 2016, the Union notified employees via email that the ratification vote would be
conducted on May 2, 2016. The investigation also revealed employees were made aware of the
ratification vote via verbal notification. Approximately 40 employees attended the May 2, 2016
ratification meeting; and the collective-bargaining agreement was ratified. You claim the Union
did not notify every employee of the ratification vote or provide voting-eligible employees with
details on the proposed collective-bargaining agreement. These claims lack sufficient
evidentiary support. In fact, you admit you were notified about the meeting where the
ratification vote was conducted, but you did not attend the meeting. While you suggest you
(b) (6), (b) (7)(C)
(b) (6), (b) (7)(C)
National Alliance of Law Enforcement
Officers
(Coastal International Security, Inc.)
- 2 -
February 7, 2017
Case 05-CB-186306
would have attended if the Union provided you with greater information on the significance of
the meeting, there is insufficient evidence to establish the Union willfully attempted to mislead
you or other members about this meeting. Moreover, given your absence from the meeting, your
claims about the Union’s failure to provide details about the proposed collective-bargaining
agreement amount to speculation. Based on the foregoing, further proceedings are not
warranted, and I am refusing to issue complaint herein.
Your Right to Appeal: You may appeal my decision to the General Counsel of the
National Labor Relations Board, through the Office of Appeals. If you appeal, you may use the
enclosed Appeal Form, which is also available at www.nlrb.gov. However, you are encouraged
to also submit a complete statement of the facts and reasons why you believe my decision was
incorrect.
Means of Filing: An appeal may be filed electronically, by mail, by delivery service, or
hand-delivered. Filing an appeal electronically is preferred but not required. The appeal MAY
NOT be filed by fax or email. To file an appeal electronically, go to the Agency’s website
at www.nlrb.gov, click on E-File Documents, enter the NLRB Case Number, and follow the
detailed instructions. To file an appeal by mail or delivery service, address the appeal to the
General Counsel at the National Labor Relations Board, Attn: Office of Appeals, 1015 Half
Street, S.E., Washington, DC 20570-0001. Unless filed electronically, a copy of the appeal
should also be sent to me.
Appeal Due Date: The appeal is due on February 21, 2017. If the appeal is filed
electronically, the transmission of the entire document through the Agency’s website must be
completed no later than 11:59 p.m. Eastern Time on the due date. If filing by mail or by
delivery service an appeal will be found to be timely filed if it is postmarked or given to a
delivery service no later than February 20, 2017. If an appeal is postmarked or given to a
delivery service on the due date, it will be rejected as untimely. If hand delivered, an appeal
must be received by the General Counsel in Washington D.C. by 5:00 p.m. Eastern Time on the
appeal due date. If an appeal is not submitted in accordance with this paragraph, it will be
rejected.
Extension of Time to File Appeal: The General Counsel may allow additional time to
file the appeal if the Charging Party provides a good reason for doing so and the request for an
extension of time is received on or before February 21, 2017. The request may be filed
electronically through the E-File Documents link on our website www.nlrb.gov, by fax to
(202) 273-4283, by mail, or by delivery service. The General Counsel will not consider any
request for an extension of time to file an appeal received after February 21, 2017, even if it is
postmarked or given to the delivery service before the due date. Unless filed electronically,
a copy of the extension of time should also be sent to me.
Confidentiality: We will not honor any claim of confidentiality or privilege or any
limitations on our use of appeal statements or supporting evidence beyond those prescribed by
the Federal Records Act and the Freedom of Information Act (FOIA). Thus, we may disclose an
appeal statement to a party upon request during the processing of the appeal. If the appeal is
National Alliance of Law Enforcement
Officers
(Coastal International Security, Inc.)
- 3 -
February 7, 2017
Case 05-CB-186306
successful, any statement or material submitted with the appeal may be introduced as evidence at
a hearing before an administrative law judge. Because the Federal Records Act requires us to
keep copies of case handling documents for some years after a case closes, we may be required
by the FOIA to disclose those documents absent an applicable exemption such as those that
protect confidential sources, commercial/financial information, or personal privacy interests.
Very truly yours,
/s/ Charles L. Posner
Charles L. Posner
Regional Director
Enclosure: Appeal Form
cc:
Ms. Dia Gonsalves
National Alliance of Law
Enforcement Officers
9801 Apollo Drive
P.O. Box 6702
Upper Marlboro, MD 20792
Mr. Paul Caruso, Project Manager
Coastal International Security, Inc.
10903 New Hampshire Avenue
Silver Spring, MD 20903
Coastal International Security, Inc.
6101 Fallard Drive
Upper Marlboro, MD 20772-3878
UNITED STATES OF AMERICA
NATIONAL LABOR RELATIONS BOARD
APPEAL FORM
To: General Counsel
Attn: Office of Appeals
National Labor Relations Board
1015 Half Street SE
Washington, DC 20570-0001
Date:
Please be advised that an appeal is hereby taken to the General Counsel of the
National Labor Relations Board from the action of the Regional Director in refusing to
issue a complaint on the charge in
Case Name(s).
Case No(s). (If more than one case number, include all case numbers in which appeal is
taken.)
(Signature)
UNITED STATES GOVERNMENT
NATIONAL LABOR RELATIONS BOARD
REGION 5
BANK OF AMERICA CENTER, TOWER II
100 S. CHARLES STREET, SUITE 600
BALTIMORE, MD 21201
Agency Website: www.nlrb.gov
Telephone: (410) 962-2822
Fax: (410) 962-2198
February 7, 2017
Re: Communications Workers of America,
AFL-CIO, Local 2101 (Verizon
Communications, Inc.)
Case 05-CB-186534
Dear
We have carefully investigated and considered your charge that Communications
Workers of America, AFL-CIO, Local 2101 has violated the National Labor Relations Act.
Decision to Dismiss: Based on that investigation, I have decided to dismiss your charge
because there is insufficient evidence to establish a violation of the Act.
Your Right to Appeal: You may appeal my decision to the General Counsel of the
National Labor Relations Board, through the Office of Appeals. If you appeal, you may use the
enclosed Appeal Form, which is also available at www.nlrb.gov. However, you are encouraged
to also submit a complete statement of the facts and reasons why you believe my decision was
incorrect.
Means of Filing: An appeal may be filed electronically, by mail, by delivery service, or
hand-delivered. Filing an appeal electronically is preferred but not required. The appeal MAY
NOT be filed by fax or email. To file an appeal electronically, go to the Agency’s website at
www.nlrb.gov, click on E-File Documents, enter the NLRB Case Number, and follow the
detailed instructions. To file an appeal by mail or delivery service, address the appeal to the
General Counsel at the National Labor Relations Board, Attn: Office of Appeals, 1015 Half
Street, S.E., Washington, DC 20570-0001. Unless filed electronically, a copy of the appeal
should also be sent to me.
Appeal Due Date: The appeal is due on February 21, 2017. If the appeal is filed
electronically, the transmission of the entire document through the Agency’s website must be
completed no later than 11:59 p.m. Eastern Time on the due date. If filing by mail or by
delivery service an appeal will be found to be timely filed if it is postmarked or given to a
delivery service no later than February 20, 2017. If an appeal is postmarked or given to a
delivery service on the due date, it will be rejected as untimely. If hand delivered, an appeal
must be received by the General Counsel in Washington D.C. by 5:00 p.m. Eastern Time on the
appeal due date. If an appeal is not submitted in accordance with this paragraph, it will be
rejected.
(b) (6), (b) (7)(C)
(b) (6), (b) (7)(C)
Communications Workers of America,
AFL-CIO, Local 2101 (Verizon
Communications, Inc.)
- 2 - February 7, 2017
Case 05-CB-186534
Extension of Time to File Appeal: The General Counsel may allow additional time to
file the appeal if the Charging Party provides a good reason for doing so and the request for an
extension of time is received on or before February 21, 2017. The request may be filed
electronically through the E-File Documents link on our website www.nlrb.gov, by fax to
(202) 273-4283, by mail, or by delivery service. The General Counsel will not consider any
request for an extension of time to file an appeal received after February 21, 2017, even if it is
postmarked or given to the delivery service before the due date. Unless filed electronically,
a copy of the extension of time should also be sent to me.
Confidentiality: We will not honor any claim of confidentiality or privilege or any
limitations on our use of appeal statements or supporting evidence beyond those prescribed by
the Federal Records Act and the Freedom of Information Act (FOIA). Thus, we may disclose an
appeal statement to a party upon request during the processing of the appeal. If the appeal is
successful, any statement or material submitted with the appeal may be introduced as evidence at
a hearing before an administrative law judge. Because the Federal Records Act requires us to
keep copies of case handling documents for some years after a case closes, we may be required
by the FOIA to disclose those documents absent an applicable exemption such as those that
protect confidential sources, commercial/financial information, or personal privacy interests.
Very truly yours,
/s/ Charles L. Posner
Charles L. Posner
Regional Director
Enclosure: Appeal form
cc: Mr. Lisa Fazzini, Staff Representative
Communications Workers of America,
AFL-CIO, Local 2101
9602 Martin Luther King, Jr. Highway
Suite D
Lanham, MD 20706-1838
Mr. Chris Childs, Vice President
Verizon Communications, Inc.
7807 Fitch Lane
Nottingham, MD 21236
UNITED STATES GOVERNMENT
NATIONAL LABOR RELATIONS BOARD
REGION 5
BANK OF AMERICA CENTER, TOWER II
100 S. CHARLES STREET, STE 600
BALTIMORE, MD 21201
Agency Website: www.nlrb.gov
Telephone: (410)962-2822
Fax: (410)962-2198
February 28, 2017
Re:
Security, Police and Fire Professionals of America (SPFPA),
Local 555
(Centerra Group, LLC)
Case 05-CB-187526
Dear
We have carefully investigated and considered your charge that International Union,
Security, Police and Fire Professionals of America (SPFPA), Local 555 has violated the National
Labor Relations Act.
Decision to Dismiss: Based on our investigation, I have concluded that further
proceedings are not warranted, and I am dismissing your charge for the following reasons.
Your charge alleges the Union violated Section 8(b)(1)(A) of the Act by refusing and
or/failing to process your grievance over your termination. The investigation revealed that you
were suspended and later terminated from your position by your Employer for sleeping on your
post. Thereafter, you sought to have the Union represent you in a grievance over your
termination. The Union processed your grievance through the second-step of the grievance
procedure. It then attempted to settle your grievance with the Employer and you were offered a
position at a different site, which you considered and then declined. In August 2016, the
Employer notified the Union that it would reinstate you at your former jobsite.
In Vaca v. Sipes, 386 US 171 (1976), the Court held that a union retains broad discretion
in handling grievances and a violation turns on whether the union exercised its discretion
invidiously, discriminatorily, arbitrarily, or in bad faith. In the instant matter, there is
insufficient that the Union was motivated by any discriminatory reason or invidious
consideration in how it processed your grievance. Accordingly, further proceedings are not
warranted, and I am refusing to issue complaint in this matter.
Your Right to Appeal: You may appeal my decision to the General Counsel of the
National Labor Relations Board, through the Office of Appeals. If you appeal, you may use the
enclosed Appeal Form, which is also available at www.nlrb.gov. However, you are encouraged
to also submit a complete statement of the facts and reasons why you believe my decision was
incorrect.
(b) (6), (b) (7)(C)
(b) (6), (b) (7)(C)
Security, Police and Fire Professionals of
America (SPFPA), Local 555
(Centerra Group, LLC)
- 2 -
February 28, 2017
Case 05-CB-187526
Means of Filing: An appeal may be filed electronically, by mail, by delivery service, or
hand-delivered. Filing an appeal electronically is preferred but not required. The appeal MAY
NOT be filed by fax or email. To file an appeal electronically, go to the Agency’s website
at www.nlrb.gov, click on E-File Documents, enter the NLRB Case Number, and follow the
detailed instructions. To file an appeal by mail or delivery service, address the appeal to the
General Counsel at the National Labor Relations Board, Attn: Office of Appeals, 1015 Half
Street SE, Washington, DC 20570-0001. Unless filed electronically, a copy of the appeal
should also be sent to me.
Appeal Due Date: The appeal is due on March 14, 2017. If the appeal is filed
electronically, the transmission of the entire document through the Agency’s website must be
completed no later than 11:59 p.m. Eastern Time on the due date. If filing by mail or by
delivery service an appeal will be found to be timely filed if it is postmarked or given to a
delivery service no later than March 13, 2017. If an appeal is postmarked or given to a
delivery service on the due date, it will be rejected as untimely. If hand delivered, an appeal
must be received by the General Counsel in Washington D.C. by 5:00 p.m. Eastern Time on the
appeal due date. If an appeal is not submitted in accordance with this paragraph, it will be
rejected.
Extension of Time to File Appeal: The General Counsel may allow additional time to
file the appeal if the Charging Party provides a good reason for doing so and the request for an
extension of time is received on or before March 14, 2017. The request may be filed
electronically through the E-File Documents link on our website www.nlrb.gov
, by fax to
(202)273-4283, by mail, or by delivery service. The General Counsel will not consider any
request for an extension of time to file an appeal received after March 14, 2017, even if it is
postmarked or given to the delivery service before the due date. Unless filed electronically,
a copy of the extension of time should also be sent to me.
Security, Police and Fire Professionals of
America (SPFPA), Local 555
(Centerra Group, LLC)
- 3 -
February 28, 2017
Case 05-CB-187526
Confidentiality: We will not honor any claim of confidentiality or privilege or any
limitations on our use of appeal statements or supporting evidence beyond those prescribed by
the Federal Records Act and the Freedom of Information Act (FOIA). Thus, we may disclose an
appeal statement to a party upon request during the processing of the appeal. If the appeal is
successful, any statement or material submitted with the appeal may be introduced as evidence at
a hearing before an administrative law judge. Because the Federal Records Act requires us to
keep copies of case handling documents for some years after a case closes, we may be required
by the FOIA to disclose those documents absent an applicable exemption such as those that
protect confidential sources, commercial/financial information, or personal privacy interests.
Very truly yours,
/s/ Charles L. Posner
Charles L. Posner
Regional Director
Enclosure
cc:
Matthew J. Clark, Esq.
Gregory, Moore, Jeakle & Brooks, P.C.
65 Cadillac Square, Suite 3727
Detroit, MI 48226-2893
Ms. Gloria Scott
President
Security, Police and Fire Professionals of
America (SPFPA), Local 555
2701 West Patapsco Avenue, Suite 107
Baltimore, MD 21230
Mr. Michael Scott Williamson
Project Manager
Centerra Group, LLC
11555 Rockville Pike, O-P1-034
Rockville, MD 20852-2739
UNITED STATES GOVERNMENT
NATIONAL LABOR RELATIONS BOARD
REGION 5
BANK OF AMERICA CENTER, TOWER II
100 S. CHARLES STREET, STE 600
BALTIMORE, MD 21201
Agency Website: www.nlrb.gov
Telephone: (410)962-2822
Fax: (410)962-2198
February 16, 2017
Re:
National League of Justice and
Security Professionals (NLJSP)
(Paragon Systems)
Case 05-CB-187665
Dear
We have carefully investigated and considered your charge that National League of
Justice and Security Professionals has violated the National Labor Relations Act.
Decision to Dismiss: Based on our investigation, I have concluded that further
proceedings are not warranted, and I am dismissing your charge for the following reasons:
Your charge alleges the Union violated Section 8(b)(1)(A) of the Act by refusing to
process your grievance over a three-day suspension you received, because you had a cell phone
at your security post. The investigation disclosed that on May 10, 2016, the Employer and a
representative of the Union approached you at your post in order to discuss a separate
employment matter. At that time, the Employer saw what appeared to be a personal cell phone,
and you were asked what you were hiding. You admit that you responded that it was a cell
phone. Using a cell phone on post is a direct violation of company policy, Government
regulation, and is subject to discipline and discharge under Article 12 of the collective-
bargaining agreement. You were subsequently issued a three-day suspension for having violated
the described cell phone policy. Thereafter, you sought to have the Union represent you in
overturning the suspension.
In Vaca v. Sipes, 386 US 171 (1976), the Court held that a union retains broad discretion
in handling grievances and a violation turns on whether the union exercised its discretion
invidiously, discriminatorily, arbitrarily, or in bad faith. In the instant matter, based on your own
admission that you were using a cell phone on post, the Union determined that it was unlikely to
succeed in remedying a grievance filed over the three-day suspension you received for your
conduct. There was no evidence produced or adduced that the Union’s decision not to pursue
any remedy on your behalf was motivated by any discriminatory reason or invidious
consideration on the Union’s part. Accordingly, further proceedings are not warranted, and I am
refusing to issue complaint in this matter.
(b) (6), (b) (7)(C)
(b) (6), (b) (7)(C)
National League of Justice and
Security Professionals (NLJSP)
(Paragon Systems)
- 2 -
February 16, 2017
Case 05-CB-187665
Your Right to Appeal: You may appeal my decision to the General Counsel of the
National Labor Relations Board, through the Office of Appeals. If you appeal, you may use the
enclosed Appeal Form, which is also available at www.nlrb.gov. However, you are encouraged
to also submit a complete statement of the facts and reasons why you believe my decision was
incorrect.
Means of Filing: An appeal may be filed electronically, by mail, by delivery service, or
hand-delivered. Filing an appeal electronically is preferred but not required. The appeal MAY
NOT be filed by fax or email. To file an appeal electronically, go to the Agency’s website
at www.nlrb.gov, click on E-File Documents, enter the NLRB Case Number, and follow the
detailed instructions. To file an appeal by mail or delivery service, address the appeal to the
General Counsel at the National Labor Relations Board, Attn: Office of Appeals, 1015 Half
Street SE, Washington, DC 20570-0001. Unless filed electronically, a copy of the appeal
should also be sent to me.
Appeal Due Date: The appeal is due on March 2, 2017. If the appeal is filed
electronically, the transmission of the entire document through the Agency’s website must be
completed no later than 11:59 p.m. Eastern Time on the due date. If filing by mail or by
delivery service an appeal will be found to be timely filed if it is postmarked or given to a
delivery service no later than March 1, 2017. If an appeal is postmarked or given to a
delivery service on the due date, it will be rejected as untimely. If hand delivered, an appeal
must be received by the General Counsel in Washington D.C. by 5:00 p.m. Eastern Time on the
appeal due date. If an appeal is not submitted in accordance with this paragraph, it will be
rejected.
Extension of Time to File Appeal: The General Counsel may allow additional time to
file the appeal if the Charging Party provides a good reason for doing so and the request for an
extension of time is received on or before March 2, 2017. The request may be filed
electronically through the E-File Documents link on our website www.nlrb.gov
, by fax to
(202)273-4283, by mail, or by delivery service. The General Counsel will not consider any
request for an extension of time to file an appeal received after March 2, 2017, even if it is
postmarked or given to the delivery service before the due date. Unless filed electronically,
a copy of the extension of time should also be sent to me.
National League of Justice and
Security Professionals (NLJSP)
(Paragon Systems)
- 3 -
February 16, 2017
Case 05-CB-187665
Confidentiality: We will not honor any claim of confidentiality or privilege or any
limitations on our use of appeal statements or supporting evidence beyond those prescribed by
the Federal Records Act and the Freedom of Information Act (FOIA). Thus, we may disclose an
appeal statement to a party upon request during the processing of the appeal. If the appeal is
successful, any statement or material submitted with the appeal may be introduced as evidence at
a hearing before an administrative law judge. Because the Federal Records Act requires us to
keep copies of case handling documents for some years after a case closes, we may be required
by the FOIA to disclose those documents absent an applicable exemption such as those that
protect confidential sources, commercial/financial information, or personal privacy interests.
Very truly yours,
Charles L. Posner
Charles L. Posner
Regional Director
Enclosure
cc:
Mr. Ronald Mikell
Vice President
National League of Justice and
Security Professionals
305 Mt. Zion Road
Dillsburg, PA 17019
Ms. Brittney Gardner
Human Resources
Paragon Systems
13655 Dulles Technology Drive, Suite 100
Herndon, VA 20171-4634
UNITED STATES GOVERNMENT
NATIONAL LABOR RELATIONS BOARD
REGION 5
BANK OF AMERICA CENTER, TOWER II
100 S. CHARLES STREET, STE 600
BALTIMORE, MD 21201
Agency Website: www.nlrb.gov
Telephone: (410) 962-2822
Fax: (410) 962-2198
February 24, 2017
Re:
Laborers' International Union of North
America, Local 11
Case 05-CB-188285
Dear
We have carefully investigated and considered your charge that Laborers' International
Union of North America, Local 11 has violated the National Labor Relations Act.
Decision to Dismiss: Based on that investigation, I have decided to dismiss your charge
for the reasons discussed below.
Your charge alleges the Union violated Section 8(b)(1)(A) of the Act by: (1) refusing to
process your grievance over your termination, and (2) promising work referrals to employees if
they withdrew unfair labor practice charges against the Union. The investigation revealed that
on October 4, 2016, you received a written warning for getting into a verbal altercation with an
employee. The following day, the Employer received a complaint from another employee who
sustained a workplace injury while working with you. Based on your involvement in these
matters, the Employer decided to investigate your workplace conduct and behavior. Its internal
investigation revealed that your actions at work had created an unsafe environment for your
fellow employees. Consequently, the Employer terminated you on October 13, 2016. Thereafter,
you sought to have the Union represent you in overturning the termination.
In Vaca v. Sipes, 386 US 171 (1976), the Court held that a union retains broad discretion
in handling grievances and a violation turns on whether the union exercised its discretion
invidiously, discriminatorily, arbitrarily, or in bad faith. In the instant matter, there’s insufficient
evidence to establish that you made a request to the Union that a grievance be filed contesting
the Employer’s decision to terminate you. Even assuming your request for “paperwork”
regarding your termination could be interpreted as a request to file a grievance, there was
insufficient evidence to establish that the Union’s failure to file a grievance was motivated by
any discriminatory motivation or invidious consideration. In regard to the latter allegation, the
preponderance of credible evidence fails to establish that the Union engaged in the alleged
unlawful activities described in the charge. Accordingly, further proceedings are not warranted,
and I am refusing to issue complaint in this matter.
(b) (6), (b) (7)(C)
(b) (6), (b) (7)(C)
Laborers' International Union of North
America, Local 11
- 2 -
February 24, 2017
Case 05-CB-188285
Your Right to Appeal: You may appeal my decision to the General Counsel of the
National Labor Relations Board, through the Office of Appeals. If you appeal, you may use the
enclosed Appeal Form, which is also available at www.nlrb.gov. However, you are encouraged
to also submit a complete statement of the facts and reasons why you believe my decision was
incorrect.
Means of Filing: An appeal may be filed electronically, by mail, by delivery service, or
hand-delivered. Filing an appeal electronically is preferred but not required. The appeal MAY
NOT be filed by fax or email. To file an appeal electronically, go to the Agency’s website
at www.nlrb.gov, click on E-File Documents, enter the NLRB Case Number, and follow the
detailed instructions. To file an appeal by mail or delivery service, address the appeal to the
General Counsel at the National Labor Relations Board, Attn: Office of Appeals, 1015 Half
Street SE, Washington, DC 20570-0001. Unless filed electronically, a copy of the appeal
should also be sent to me.
Appeal Due Date: The appeal is due on March 10, 2017. If the appeal is filed
electronically, the transmission of the entire document through the Agency’s website must be
completed no later than 11:59 p.m. Eastern Time on the due date. If filing by mail or by
delivery service an appeal will be found to be timely filed if it is postmarked or given to a
delivery service no later than March 09, 2017. If an appeal is postmarked or given to a
delivery service on the due date, it will be rejected as untimely. If hand delivered, an appeal
must be received by the General Counsel in Washington D.C. by 5:00 p.m. Eastern Time on the
appeal due date. If an appeal is not submitted in accordance with this paragraph, it will be
rejected.
Extension of Time to File Appeal: The General Counsel may allow additional time to
file the appeal if the Charging Party provides a good reason for doing so and the request for an
extension of time is received on or before March 10, 2017. The request may be filed
electronically through the E-File Documents link on our website www.nlrb.gov, by fax to
(202)273-4283, by mail, or by delivery service. The General Counsel will not consider any
request for an extension of time to file an appeal received after March 10, 2017, even if it is
postmarked or given to the delivery service before the due date. Unless filed electronically,
a copy of the extension of time should also be sent to me.
Confidentiality: We will not honor any claim of confidentiality or privilege or any
limitations on our use of appeal statements or supporting evidence beyond those prescribed by
the Federal Records Act and the Freedom of Information Act (FOIA). Thus, we may disclose an
appeal statement to a party upon request during the processing of the appeal. If the appeal is
successful, any statement or material submitted with the appeal may be introduced as evidence at
a hearing before an administrative law judge. Because the Federal Records Act requires us to
keep copies of case handling documents for some years after a case closes, we may be required
by the FOIA to disclose those documents absent an applicable exemption such as those that
protect confidential sources, commercial/financial information, or personal privacy interests.
Laborers' International Union of North
America, Local 11
- 3 -
February 24, 2017
Case 05-CB-188285
Very truly yours,
/s/ Charles L. Posner
Charles L. Posner
Regional Director
Enclosure
cc:
Mr. Patrick Thapra, Foreman
SNC Lavalin
10322 North Keys Road
Brandywine, MD 20613-8200
Mr. Julio Medina, Business Agent
Laborers' International Union of North
America, Local 11
5201 1st Place, N.E.
Washington, DC 20011
Brian J. Petruska, Esq.
Construction Laborers’ Local
Union No. 710
11951 Freedom Drive, Room 310
Reston, VA 20190-5686
UNITED STATES GOVERNMENT
NATIONAL LABOR RELATIONS BOARD
REGION 5
BANK OF AMERICA CENTER, TOWER II
100 S. CHARLES STREET, SUITE 600
BALTIMORE, MD 21201
Agency Website: www.nlrb.gov
Telephone: (410) 962-2822
Fax: (410) 962-2198
February 17, 2017
Re: National Mail Handlers Union, Local 305
(Southern Maryland Branch) (United States
Postal Service)
Case 05-CB-188551
Dear
We have carefully investigated and considered your charge that National Mail Handlers
Union, Local 305 (Southern Maryland Branch) has violated the National Labor Relations Act.
Decision to Dismiss: Based on that investigation, I have decided to dismiss your charge
because there is insufficient evidence to establish a violation of the Act.
Your Right to Appeal: You may appeal my decision to the General Counsel of the
National Labor Relations Board, through the Office of Appeals. If you appeal, you may use the
enclosed Appeal Form, which is also available at www.nlrb.gov. However, you are encouraged
to also submit a complete statement of the facts and reasons why you believe my decision was
incorrect.
Means of Filing: An appeal may be filed electronically, by mail, by delivery service, or
hand-delivered. Filing an appeal electronically is preferred but not required. The appeal MAY
NOT be filed by fax or email. To file an appeal electronically, go to the Agency’s website at
www.nlrb.gov, click on E-File Documents, enter the NLRB Case Number, and follow the
detailed instructions. To file an appeal by mail or delivery service, address the appeal to the
General Counsel at the National Labor Relations Board, Attn: Office of Appeals, 1015 Half
Street, S.E., Washington, DC 20570-0001. Unless filed electronically, a copy of the appeal
should also be sent to me.
Appeal Due Date: The appeal is due on March 3, 2017. If the appeal is filed
electronically, the transmission of the entire document through the Agency’s website must be
completed no later than 11:59 p.m. Eastern Time on the due date. If filing by mail or by
delivery service an appeal will be found to be timely filed if it is postmarked or given to a
delivery service no later than March 2, 2017. If an appeal is postmarked or given to a
delivery service on the due date, it will be rejected as untimely. If hand delivered, an appeal
must be received by the General Counsel in Washington D.C. by 5:00 p.m. Eastern Time on the
appeal due date. If an appeal is not submitted in accordance with this paragraph, it will be
rejected.
(b) (6), (b) (7)(C)
(b) (6), (b) (7)(C)
National Mail Handlers Union, Local 305
(Southern Maryland Branch) (United States
Postal Service)
- 2 - February 17, 2017
Case 05-CB-188551
Extension of Time to File Appeal: The General Counsel may allow additional time to
file the appeal if the Charging Party provides a good reason for doing so and the request for an
extension of time is received on or before March 3, 2017. The request may be filed
electronically through the E-File Documents link on our website www.nlrb.gov, by fax to
(202) 273-4283, by mail, or by delivery service. The General Counsel will not consider any
request for an extension of time to file an appeal received after March 3, 2017, even if it is
postmarked or given to the delivery service before the due date. Unless filed electronically,
a copy of the extension of time should also be sent to me.
Confidentiality: We will not honor any claim of confidentiality or privilege or any
limitations on our use of appeal statements or supporting evidence beyond those prescribed by
the Federal Records Act and the Freedom of Information Act (FOIA). Thus, we may disclose an
appeal statement to a party upon request during the processing of the appeal. If the appeal is
successful, any statement or material submitted with the appeal may be introduced as evidence at
a hearing before an administrative law judge. Because the Federal Records Act requires us to
keep copies of case handling documents for some years after a case closes, we may be required
by the FOIA to disclose those documents absent an applicable exemption such as those that
protect confidential sources, commercial/financial information, or personal privacy interests.
Very truly yours,
/s/ Charles L. Posner
Charles L. Posner
Regional Director
Enclosure: Appeal form
cc: Ms. Lori Freeman, Local President
National Postal Mail Handler Union Local
305 (Southern Maryland Branch)
9201 Edgeworth Drive
Capitol Heights, MD 20790-9201
Ms. Wendy Mcllwain, Plant Manager
United States Postal Service
9201 Edgeworth Drive
Capitol Heights, MD 20790
Roderick D. Eves, Esq.
United States Postal Service
Law Department - NLRB Unit
1720 Market Street, Room 2400
St. Louis, MO 63155-9948
UNITED STATES GOVERNMENT
NATIONAL LABOR RELATIONS BOARD
REGION 5
BANK OF AMERICA CENTER, TOWER II
100 S. CHARLES STREET, STE 600
BALTIMORE, MD 21201
Agency Website: www.nlrb.gov
Telephone: (410) 962-2822
Fax: (410) 962-2198
February 27, 2017
Re:
United Food and Commercial Workers
(UFCW), Local 400 (Safeway, Inc.)
Case 05-CB-189529
Dear
We have carefully investigated and considered your charge that United Food and
Commercial Workers (UFCW), Local 400 has violated the National Labor Relations Act.
Decision to Dismiss: Based on that investigation, I have decided to dismiss your charge
for the reasons discussed below.
Your charge alleges that United Food and Commercial Workers, Local 400, the Union,
failed in its duty of fair representation by refusing to process, or further process, your grievances
related to your suspensions and terminations because of arbitrary or discriminatory reasons, or in
bad faith.
The investigation revealed that the Employer, Safeway, Inc., gave you a five-day
suspension due to your late arrival on August 22, 2016, and due to multiple prior instances of
late arrival to work. The investigation further revealed that you were placed on indefinite
suspension due to an incident of insubordination on August 22, 2017, when you refused to leave
your store manager’s office despite his requests for you to do so. Finally, the investigation also
revealed that the Employer ultimately terminated you because of that incident of insubordination,
and because you submitted false time records of your time worked on August 22, 2016.
In relation to the Union’s conduct, the investigation found that the Union filed a
grievance over your suspension, conducted a formal investigation, reviewed relevant time
records and witness statements, and attended a face-to-face meeting with the Employer, at which
it discussed your suspensions and termination. The investigation also found the Union sought
your reinstatement to your store or, in the alternative, a transfer to the other store, but the
Employer denied both requests. Having reviewed all available evidence, the Union then made a
determination that given the strength of the Employer’s case against you, your grievance did not
warrant arbitration.
(b) (6), (b) (7)(C)
(b) (6), (b) (7)(C)
United Food and Commercial Workers
(UFCW), Local 400 (Safeway, Inc.)
- 2 -
February 27, 2017
Case 05-CB-189529
It is well established that a breach of a union’s statutory duty of fair representation occurs
only when its conduct towards a member of the collective bargaining unit is arbitrary,
discriminatory, or in bad faith. Vaca v. Sipes, 386 U.S. 171, 190 (1965). Furthermore, it is
equally well established that labor organizations are afforded a wide range of discretion and
reasonableness in representing employees, and absent discriminatory or other arbitrary factors,
not present here, their conduct will not be found unlawful. See generally Ford Motor Company
v. Hoffman, 345 U.S. 330 (1953); Miranda Fuel Co., Inc., 140 NLRB 181 (1962); Vaca v. Sipes,
supra.
Based on the above, it cannot be concluded that the Union violated the Act as alleged. In
this regard, the evidence failed to establish that the Union’s decision not to process the grievance
filed over your suspension was motivated by any discriminatory motive or invidious
consideration. Accordingly, further proceedings with regard to your charge are not warranted,
and I am refusing to issue complaint in this matter.
Your Right to Appeal: You may appeal my decision to the General Counsel of the
National Labor Relations Board, through the Office of Appeals. If you appeal, you may use the
enclosed Appeal Form, which is also available at www.nlrb.gov. However, you are encouraged
to also submit a complete statement of the facts and reasons why you believe my decision was
incorrect.
Means of Filing: An appeal may be filed electronically, by mail, by delivery service, or
hand-delivered. Filing an appeal electronically is preferred but not required. The appeal MAY
NOT be filed by fax or email. To file an appeal electronically, go to the Agency’s website
at www.nlrb.gov, click on E-File Documents, enter the NLRB Case Number, and follow the
detailed instructions. To file an appeal by mail or delivery service, address the appeal to the
General Counsel at the National Labor Relations Board, Attn: Office of Appeals, 1015 Half
Street SE, Washington, DC 20570-0001. Unless filed electronically, a copy of the appeal
should also be sent to me.
Appeal Due Date: The appeal is due on March 13, 2017. If the appeal is filed
electronically, the transmission of the entire document through the Agency’s website must be
completed no later than 11:59 p.m. Eastern Time on the due date. If filing by mail or by
delivery service an appeal will be found to be timely filed if it is postmarked or given to a
delivery service no later than March 12, 2017. If an appeal is postmarked or given to a
delivery service on the due date, it will be rejected as untimely. If hand delivered, an appeal
must be received by the General Counsel in Washington D.C. by 5:00 p.m. Eastern Time on the
appeal due date. If an appeal is not submitted in accordance with this paragraph, it will be
rejected.
Extension of Time to File Appeal: The General Counsel may allow additional time to
file the appeal if the Charging Party provides a good reason for doing so and the request for an
extension of time is received on or before March 13, 2017. The request may be filed
electronically through the E-File Documents link on our website www.nlrb.gov, by fax to
United Food and Commercial Workers
(UFCW), Local 400 (Safeway, Inc.)
- 3 -
February 27, 2017
Case 05-CB-189529
(202)273-4283, by mail, or by delivery service. The General Counsel will not consider any
request for an extension of time to file an appeal received after March 13, 2017, even if it is
postmarked or given to the delivery service before the due date. Unless filed electronically,
a copy of the extension of time should also be sent to me.
Confidentiality: We will not honor any claim of confidentiality or privilege or any
limitations on our use of appeal statements or supporting evidence beyond those prescribed by
the Federal Records Act and the Freedom of Information Act (FOIA). Thus, we may disclose an
appeal statement to a party upon request during the processing of the appeal. If the appeal is
successful, any statement or material submitted with the appeal may be introduced as evidence at
a hearing before an administrative law judge. Because the Federal Records Act requires us to
keep copies of case handling documents for some years after a case closes, we may be required
by the FOIA to disclose those documents absent an applicable exemption such as those that
protect confidential sources, commercial/financial information, or personal privacy interests.
Very truly yours,
/s/ Charles L. Posner
Charles L. Posner
Regional Director
Enclosure
cc:
Mr. Michael Bigelow, Store Manager
Safeway, Inc.
1100 4th Street, S.W.
Washington, DC 20035-5576
United Food and Commercial Workers
(UFCW), Local 400 (Safeway, Inc.)
- 4 -
February 27, 2017
Case 05-CB-189529
Ms. Yolanda Anwar
United Food and Commercial Workers
(UFCW), Local 400
8400 Corporate Drive, Suite 200
Landover, MD 20785
Blaine Z. Taylor, Esq.
Butsavage & Durkalski, P.C.
1920 L Street, N.W., Suite 301
Washington, DC 20036-5037
UNITED STATES GOVERNMENT
NATIONAL LABOR RELATIONS BOARD
REGION 5
BANK OF AMERICA CENTER, TOWER II
100 S. CHARLES STREET, SUITE 600
BALTIMORE, MD 21201
Agency Website: www.nlrb.gov
Telephone: (410) 962-2822
Fax: (410) 962-2198
February 3, 2017
Re:
International Union, Security, Police and
Fire Professionals of America (SPFPA)
(First Coast Security)
Case 05-CB-190142
Dear
We have carefully investigated and considered your charge that International Union,
Security, Police and Fire Professionals of America (SPFPA) has violated the National Labor
Relations Act.
Decision to Dismiss: Based on our investigation, I have concluded that further
proceedings are not warranted, and I am dismissing your charge for the following reasons:
In your charge, you allege that the Union violated Section 8(b)(3) of the National Labor
Relations Act by failing and refusing to bargain in good faith with the Employer. You contend
that the Union entered into a 2016 CBA with the Employer without ratification by the Union
membership. However, procedures related to the adoption, ratification, or acceptance of a CBA
falls “exclusively within the internal domain of the Union.” International Longshoreman Assn
Local 1575, 332 NLRB No. 139 p. 2 (2000); see also Houchens Market of Elizabethtown, Inc. v.
NLRB, 375 F.2d 208 (6th Cir. 1967). A Union “is not obligated to obtain ratification of any
collective-bargaining agreement that it negotiates on behalf of employees it represents” and
employee ratification “is a prerequisite for contract acceptance only when both parties agree that
it is a condition precedent to a binding contract.” Id. The investigation revealed that there was
no evidence that the Union and the Employer had any condition precedent of ratification of the
2016 CBA prior to the CBA becoming effective. Accordingly, the evidence does not support a
conclusion that the Union violated Section 8(b)(3) of the Act when it entered into a CBA with
the Employer without ratification by the membership.
During the investigation the evidence revealed that you object to the inclusion of a union-
security clause in the 2016 CBA based upon the successful UD Petition in Case 05-UD-122320.
However, the parties to a collective-bargaining agreement are only prohibited from entering into
a union security clause in a new CBA for 12 months after the deauthorization vote. See
Covenant Aviation Security, LLC, 349 NLRB No. 669, slip op. at p. 4 (2007). The investigation
revealed that the Decision and Certification of Results of Election in Case 05-UD-122320 was
issued on February 13, 2015. The Union and Employer did not enter into the 2016 CBA until
September 29, 2016; more than 12 months after the deauthorization vote. Accordingly, the
(b) (6), (b) (7)(C)
(b) (6), (b) (7)(C)
International Union, Security, Police and
Fire Professionals of America (SPFPA)
(First Coast Security)
- 2 -
February 3, 2017
Case 05-CB-190142
evidence does not support a conclusion that the Union violated Section 8(b)(3) of the Act when it
entered into the 2016 CBA with the Employer that included a union-security clause.
Accordingly, further proceedings are not warranted, and I am refusing to issue complaint
in this matter.
Your Right to Appeal: You may appeal my decision to the General Counsel of the
National Labor Relations Board, through the Office of Appeals. If you appeal, you may use the
enclosed Appeal Form, which is also available at www.nlrb.gov. However, you are encouraged
to also submit a complete statement of the facts and reasons why you believe my decision was
incorrect.
Means of Filing: An appeal may be filed electronically, by mail, by delivery service, or
hand-delivered. Filing an appeal electronically is preferred but not required. The appeal MAY
NOT be filed by fax or email. To file an appeal electronically, go to the Agency’s website at
www.nlrb.gov, click on E-File Documents, enter the NLRB Case Number, and follow the
detailed instructions. To file an appeal by mail or delivery service, address the appeal to the
General Counsel at the National Labor Relations Board, Attn: Office of Appeals, 1015 Half
Street, S.E., Washington, DC 20570-0001. Unless filed electronically, a copy of the appeal
should also be sent to me.
Appeal Due Date: The appeal is due on February 17, 2017. If the appeal is filed
electronically, the transmission of the entire document through the Agency’s website must be
completed no later than 11:59 p.m. Eastern Time on the due date. If filing by mail or by
delivery service an appeal will be found to be timely filed if it is postmarked or given to a
delivery service no later than February 16, 2017. If an appeal is postmarked or given to a
delivery service on the due date, it will be rejected as untimely. If hand delivered, an appeal
must be received by the General Counsel in Washington D.C. by 5:00 p.m. Eastern Time on the
appeal due date. If an appeal is not submitted in accordance with this paragraph, it will be
rejected.
Extension of Time to File Appeal: The General Counsel may allow additional time to
file the appeal if the Charging Party provides a good reason for doing so and the request for an
extension of time is received on or before February 17, 2017. The request may be filed
electronically through the E-File Documents link on our website www.nlrb.gov, by fax to
(202) 273-4283, by mail, or by delivery service. The General Counsel will not consider any
request for an extension of time to file an appeal received after February 17, 2017, even if it is
postmarked or given to the delivery service before the due date. Unless filed electronically,
a copy of the extension of time should also be sent to me.
Confidentiality: We will not honor any claim of confidentiality or privilege or any
limitations on our use of appeal statements or supporting evidence beyond those prescribed by
the Federal Records Act and the Freedom of Information Act (FOIA). Thus, we may disclose an
appeal statement to a party upon request during the processing of the appeal. If the appeal is
successful, any statement or material submitted with the appeal may be introduced as evidence at
International Union, Security, Police and
Fire Professionals of America (SPFPA)
(First Coast Security)
- 3 -
February 3, 2017
Case 05-CB-190142
a hearing before an administrative law judge. Because the Federal Records Act requires us to
keep copies of case handling documents for some years after a case closes, we may be required
by the FOIA to disclose those documents absent an applicable exemption such as those that
protect confidential sources, commercial/financial information, or personal privacy interests.
Very truly yours,
/s/ Charles L. Posner
Charles L. Posner
Regional Director
Enclosure: Appeal form
cc:
Mr. Joseph McCray
Vice-President Region 4
International Union, Security, Police and
Fire Professionals of America ( SPFPA)
25510 Kelly Road
Roseville, MI 48066-4994
Matthew J. Clark, Esq.
Gregory, Moore, Jeakle & Brooks, P.C.
65 Cadillac Square, Suite 3727
Detroit, MI 48226-2893
Mr. Anthony Romano
Vice-President Government Services
First Coast Security
1 Independent Drive, Suite 117
Jacksonville, FL 32202-5005
UNITED STATES GOVERNMENT
NATIONAL LABOR RELATIONS BOARD
REGION 5
BANK OF AMERICA CENTER, TOWER II
100 S. CHARLES STREET, STE 600
BALTIMORE, MD 21201
Agency Website: www.nlrb.gov
Telephone: (410) 962-2822
Fax: (410) 962-2198
February 24, 2017
Re:
Security, Police and Fire Professionals of
America (SPFPA), Local 439 (AKAL
Security, LLC)
Case 05-CB-190696
Dear
We have carefully investigated and considered your charge that Security, Police, and Fire
Professionals of America (SPFPA), Local 439 has violated the National Labor Relations Act.
Decision to Dismiss: Based on that investigation, I have decided to dismiss your charge
because there is insufficient evidence to establish a violation of the Act.
Your Right to Appeal: You may appeal my decision to the General Counsel of the
National Labor Relations Board, through the Office of Appeals. If you appeal, you may use the
enclosed Appeal Form, which is also available at www.nlrb.gov. However, you are encouraged
to also submit a complete statement of the facts and reasons why you believe my decision was
incorrect.
Means of Filing: An appeal may be filed electronically, by mail, by delivery service, or
hand-delivered. Filing an appeal electronically is preferred but not required. The appeal MAY
NOT be filed by fax or email. To file an appeal electronically, go to the Agency’s website
at www.nlrb.gov, click on E-File Documents, enter the NLRB Case Number, and follow the
detailed instructions. To file an appeal by mail or delivery service, address the appeal to the
General Counsel at the National Labor Relations Board, Attn: Office of Appeals, 1015 Half
Street SE, Washington, DC 20570-0001. Unless filed electronically, a copy of the appeal
should also be sent to me.
Appeal Due Date: The appeal is due on March 10, 2017. If the appeal is filed
electronically, the transmission of the entire document through the Agency’s website must be
completed no later than 11:59 p.m. Eastern Time on the due date. If filing by mail or by
delivery service an appeal will be found to be timely filed if it is postmarked or given to a
delivery service no later than March 09, 2017. If an appeal is postmarked or given to a
delivery service on the due date, it will be rejected as untimely. If hand delivered, an appeal
must be received by the General Counsel in Washington D.C. by 5:00 p.m. Eastern Time on the
(b) (6), (b) (7)(C)
(b) (6), (b) (7)(C)
Security, Police and Fire Professionals of
America (SPFPA), Local 439 (AKAL
Security, LLC)
- 2 -
February 24, 2017
Case 05-CB-190696
appeal due date. If an appeal is not submitted in accordance with this paragraph, it will be
rejected.
Extension of Time to File Appeal: The General Counsel may allow additional time to
file the appeal if the Charging Party provides a good reason for doing so and the request for an
extension of time is received on or before March 10, 2017. The request may be filed
electronically through the E-File Documents link on our website www.nlrb.gov, by fax to
(202)273-4283, by mail, or by delivery service. The General Counsel will not consider any
request for an extension of time to file an appeal received after March 10, 2017, even if it is
postmarked or given to the delivery service before the due date. Unless filed electronically,
a copy of the extension of time should also be sent to me.
Confidentiality: We will not honor any claim of confidentiality or privilege or any
limitations on our use of appeal statements or supporting evidence beyond those prescribed by
the Federal Records Act and the Freedom of Information Act (FOIA). Thus, we may disclose an
appeal statement to a party upon request during the processing of the appeal. If the appeal is
successful, any statement or material submitted with the appeal may be introduced as evidence at
a hearing before an administrative law judge. Because the Federal Records Act requires us to
keep copies of case handling documents for some years after a case closes, we may be required
by the FOIA to disclose those documents absent an applicable exemption such as those that
protect confidential sources, commercial/financial information, or personal privacy interests.
Very truly yours,
/s/ Charles L. Posner
Charles L. Posner
Regional Director
Security, Police and Fire Professionals of
America (SPFPA), Local 439 (AKAL
Security, LLC)
- 3 -
February 24, 2017
Case 05-CB-190696
Enclosure
cc:
Mr. Roman Gumul, Director of Region 4
Security, Police, and Fire Professionals of
America (SPFPA), Local 439
25510 Kelly Road
Roseville, MI 48066
Michael J. Akins, Esq.
Gregory, Moore, Jeakle & Brooks, P.C.
65 Cadillac Square, Suite 3727
Detroit, MI 48226-2893
Mr. Justin Raiely
Labor Relations Manager
AKAL Security, LLC
333 Constitution Avenue, N.W.
Washington, DC 20001
