Today, National Labor Relations Board General Counsel Jennifer Abruzzo issued a memorandum to all Field offices announcing that she will ask the Board to find mandatory meetings in which employees are forced to listen to employer speech concerning the exercise of their statutory labor rights, including captive audience meetings, a violation of the National Labor Relations Act (NLRA).
General Counsel Abruzzo explains that the Board has long-recognized that the Act protects employees’ right to listen to—or refrain from listening to—employer speech concerning their rights to act collectively to improve their workplace. Forcing employees to attend captive audience meetings under threat of discipline discourages employees from exercising their right to refrain from listening to this speech and is therefore inconsistent with the NLRA.
The memo explains that years ago the Board incorrectly concluded that an employer does not violate the Act by compelling its employees to attend meetings in which it makes speeches urging them to reject union representation. As a result, employers commonly use explicit or implied threats to force employees into meetings about unionization or other statutorily protected activity.
“This license to coerce is an anomaly in labor law, inconsistent with the Act’s protection of employees’ free choice. It is based on a fundamental misunderstanding of employers’ speech rights,” said General Counsel Jennifer Abruzzo. “I believe that the NLRB case precedent, which has tolerated such meetings, is at odds with fundamental labor-law principles, our statutory language, and our Congressional mandate. Because of this, I plan to urge the Board to reconsider such precedent and find mandatory meetings of this sort unlawful.”
The General Counsel states that she will urge the Board to correct that anomaly and propose they adopt sensible assurances that an employer must convey to employees in order to make clear that their attendance at these meetings is truly voluntary. Such an approach will appropriately protect employers’ free-speech rights to express views, arguments, or opinions concerning the employees’ exercise of their protected labor rights without unduly infringing on the rights of employees to refrain, or not, from listening to such expressions.
Established in 1935, the National Labor Relations Board is an independent federal agency that protects employees, employers, and unions from unfair labor practices and protects the right of private sector employees to join together, with or without a union, to improve wages, benefits and working conditions. The NLRB conducts hundreds of workplace elections and investigates thousands of unfair labor practice charges each year.
The United Federation LEOS-PBA and its affiliated unions answers yet another call from two separate IRS units of Security Professionals from both Washington DC & Maryland seeking to leave their present security Union, who have lost thousands of members and a number of elections to both the United Federation LEOS-PBA, our affiliates and allies.
Those eligible to vote are: All full-time and regular part-time security officers employed by the Employer at the Internal Revenue Service, New Carrolton Federal Building (NCFB), currently located at 5000 Ellin Road, New Carrolton, MD, who were employed by the Employer during the payroll period ending February 20, 2022.
All ballots will be commingled and counted at the Region 05 Office on Tuesday, April 12, 2022 at 3:00 p.m. In order to be valid and counted, the returned ballots must be received in the Region 05 Office prior to the counting of the ballots.
EMPLOYEES ELIGIBLE TO VOTE IN IRS HQ
Those eligible to vote are: All full-time and regular part-time security officers and armorers employed by the Employer at the Internal Revenue Service, Headquarters facility, currently located at 1111 Constitution Avenue, N.W. Washington, D.C., who were employed by the Employer during the payroll period ending February 20, 2022.
All ballots will be commingled and counted at the Region 05 Office on Tuesday, April 12, 2022 at 4:00 p.m. In order to be valid and counted, the returned ballots must be received in the Region 05 Office prior to the counting of the ballots.
The United Federation LEOS-PBA and our affiliated Union National Union of Special Police Officers NUSPO filed a petition on behalf of these Officers with a majority showing of interest for both locations. The NLRB has docketed the petition, and the ballots are now in the hands of these Hanna security professionals. The United Federation LEOS-PBA and its affiliated Union National Union of Special Police Officers NUSPOis dedicating our complete resources to this priority!
19 March 2022, FENNESSY FAMILY STATEMENT: We are thrilled to announce that K9 Mattie will be spending her retirement with us, Mattie recently retired from her work with MSA Security as an explosive detection canine. After years of outstanding service, Mattie is ready to enjoy some quality family time at home with the Fennessys. We thank MSA Security for allowing us to reunite with Mattie and we look forward to many years together.
New York March 8th – On March 8, 2022 the National Labor Relations Board NLRB has notified both MSA Security and the Union, United Federation of K9 Handlers, United Federation LEOS-PBA that it has reissued its Unfair Labor charge complaint against Michael Stapleton Associates, Ltd. d/b/a MSA Security in Case 29-CA-230696 that was filed on 11/07/2018 after the NLRB was unsuccessful in reaching a settlement agreement with Michael Stapleton Associates, Ltd. d/b/a MSA Security.
The case involves Michael Stapleton Associates, Ltd. d/b/a MSA Security unilaterally taking away approximately $320 per month in monthly stipends from over 500 Michael Stapleton Associates, Ltd. d/b/a MSA Security K9 handlers from around the country without first negotiating this with the Union, United Federation of K9 Handlers who are now affiliated with the United Federation LEOS-PBA. Based on the above the 500 plus MSA K9 Handlers from around the country if successful at federal trial could be awarded in excess of over 7 Million dollars plus interest.
Bill Beaury President of the United Federation of K9 Handlers stated “after 3 and a half years “JUSTICE” will finally be served. We have never given up up on this case and we will continue to see this case to the end with the result of over 500 MSA K9 Handlers sharing in a unprecedented award of over 7 Million dollars”.
Most recently, Michael Stapleton Associates, Ltd. d/b/a MSA Security was acquired by Allied Universal the largest security company in the United States today.
Below is the email sent by Marcia Adams of the National Labor Relations Board NLRB Region 29 scheduling the upcoming trial for May 10th or May 11th 2022.
After several months of earnest, but unsuccessful settlement discussions the Region has decided to put this matter back on the trial calendar. To that end I have been directed to select a date compatible with my calendar, therefore, I suggest either Tuesday, May 10 or Wednesday, May 11, 2022. Let me know by tomorrow, close of business, if you have any conflicts with either date. Once I hear from you I will submit a date to the Office of the ALJ for approval and then an Order will issue. Please be advised that this trial will take place in-person at Region 29, Brooklyn, as all NLRB Regional offices will re-open on April 4, 2022.