Washington DC & New York City – The Law Enforcement Officers Security Unions LEOSU & LEOSU-DC won two major National Labor Relations Board (NLRB) decisions in two separate regions, region 5 and region 29 concerning Paragon Systems, Inc. In the Washington DC NLRB decision the Board ruled in Case 05-RC-234968 that the Board has considered the evidence and arguments presented by the parties, and for the reasons described below, I conclude that the Intervenor has not established that either a Contract or successor bar applies in this case. Accordingly, the Board conclude that a question concerning representation exists,and they are directing an election in this matter.
Soon after this NLRB decision the Federal Contract Guards of America FCGOA, disclaimed all interest in this group and Paragon Systems, Inc then legally recognized the LEOSU as the exclusive bargaining collective representative for All full-time and regular part-time protective security officers and sergeants employed by the Employer performing guard duties at the United States Citizenship and Immigration Services facilities currently located at 20 Massachusetts Avenue, NW, and 111 Massachusetts Avenue, NW, Washington, D.C.; but excluding all office clerical employees, professional employees, managerial employees, and supervisors as defined in the Act.
In another NLRB decision handed down by the NLRB on May 15, 2019, in Case No. 29-RC-229372 against the National League of Justice and Security Professionals (NLJSP) the Board ruled in its HEARING OFFICER’S REPORT AND RECOMMENDATIONS ON OBJECTIONS that this report contains my findings and recommendations regarding the Petitioner’s objections to the election in the above referenced case. For the reasons contained herein, I recommend overruling the Petitioner’s objections and issuing a Certification of Representative.
Upon a petition filed on October 15, 2018, by National League of Justice and Security Professionals (NLJSP), herein called the Petitioner, and pursuant to a Stipulated Election Agreement signed by the Petitioner, Paragon Systems, Inc., herein called the Employer, and by Law Enforcement Officers Security Unions LEOSU, LEOS-PBA, herein called the Intervenor, and approved by the Acting Regional Director on February 11, 2019, an election by mail ballot was conducted on February 25, among the employees employed in the following unit: All full-time and regular part-time armed and unarmed security officers employed by Paragon Systems, Inc. at the Federal Protective Service sites located in Manhattan, the Bronx, West Nyack, Yonkers, New Rochelle, White Plains, and Peekskill, New York, covered under Paragon Systems, Inc.’s June 1, 2018, service contract with the United States Government, but excluding all other employees and supervisors as defined by Section 2(11) of the Act.
The Tally of Ballots, made available to the parties pursuant to the Board’s Rules and Regulations on March 20, showed the following results:
Approximate number of eligible voters 315
Number of void ballots 9
Number of ballots cast for the Petitioner 7
Number of ballots cast for the Intervenor 167
Number of votes cast against participating labor organization 34
Number of valid votes counted 208
Number of challenged ballots 1
Number of valid votes counted plus challenged ballots 209
Challenges are not sufficient in number to affect the results of the election. A majority of the valid votes counted has been cast for the Intervenor.
I have recommended overruling the Petitioner’s objections.
Accordingly, I further recommend that the Intervenor be certified as the exclusive collective bargaining agent of the following appropriate unit: All full-time and regular part-time armed and unarmed security officers employed by Paragon Systems, Inc. at the Federal Protective Service sites located in Manhattan, -the Bronx, West Nyack, Yonkers, New Rochelle, White Plains, and Peekskill, New York, covered under Paragon Systems,. Inc.’s June 1, 2018, service contract with the United States Government, but excluding all other employees and supervisors as defined by Section 2(11) of the Act.
With this major ruling by the NLRB on May 15, 2019, in favor of LEOSU and against the National League of Justice and Security Professionals (NLJSP) it seems this was a death blow for the NLJSP who at a membership of just 175 members had just disclaimed interest in a unit consisting of 70 members at the National Oceanic and Atmospheric Administration as well as disclaiming interest at the Department of Education and Housing and Urban development Facility another Paragon Systems, Inc unit in Washington DC, Case Number: 05-RC-241434.