International Union, Security Police and Fire Professionals of America and its Local 287 (AKAL/Coast

National Labor Relations Board - Board Decisions

Apr 23, 2014

360 NLRB No. 78 (N.L.R.B. 2014)

360 NLRB No. 78
NOTICE: This opinion is subject to formal revision before publication in the
bound volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes.
International Union, Security, Police and Fire Profes-
sionals of America and its Local Union 287
(Akal/Coastal International Security) and Cyn-
thia V. Parham. Case 05–CB–100697
April 23, 2014
DECISION AND ORDER
BY MEMBERS MISCIMARRA, HIROZAWA, AND JOHNSON
The General Counsel seeks a default judgment in this
case pursuant to the terms of an informal unilateral set-
tlement agreement. On March 19, 2013, Cynthia V. Par-
ham (the Charging Party) filed a charge against Interna-
tional Union, Security, Police and Fire Professionals of
America and Its Local 287 (the Respondent), alleging
that the Respondent violated Section 8(b)(1)(A) of the
Act by failing and/or refusing to represent Parham in her
grievances against Coastal International Security (the
Employer).
Subsequently, the Respondent executed an informal
unilateral settlement agreement, which was approved by
the Regional Director for Region 5 on July 16, 2013.
Among other things, the settlement agreement required
that the Respondent (1) consider in good faith the griev-
ances that Parham attempted to file on September 24,
November 18, and December 10, 2012, and process the
grievances in a nonperfunctory manner; (2) post the ap-
propriate notices; and (3) inform the Region of the steps
taken to comply with the agreement. The settlement
agreement also contained the following provision:
The Charged Party agrees that in case of non-
compliance with any of the terms of this Settlement
Agreement by the Charged Party, and after 14 days no-
tice from the Regional Director of the National Labor
Relations Board of such non-compliance without rem-
edy by the Charged Party, the Regional Director will
issue a complaint that will include the allegations
spelled out above in the Scope of Agreement section.
Thereafter, the General Counsel may file a motion for
default judgment with the Board on the allegations of
the complaint. The Charged Party understands and
agrees that all of the allegations of the complaint will
be deemed admitted and it will have waived its right to
file an Answer to such complaint. The only issue that
may be raised before the Board is whether the Charged
Party defaulted on the terms of this Settlement Agree-
ment. The Board may then, without necessity of trial
or any other proceeding, find all allegations of the
complaint to be true and make findings of fact and con-
clusions of law consistent with those allegations ad-
verse to the Charged Party on all issues raised by the
pleadings. The Board may then issue an order provid-
ing a full remedy for the violations found as is appro-
priate to remedy such violations. The parties further
agree that a U.S. Court of Appeals Judgment may be
entered enforcing the Board order ex parte, after service
or attempted service upon Charged Party/Respondent at
the last address provided to the General Counsel.
By letter dated August 16, 2013, the Region sent the
Respondent a copy of the approved settlement agreement
and advised it to take the steps necessary to comply with
the agreement, including providing the Region with in-
formation that would demonstrate such compliance. By
email dated September 11, 2013, the Region notified the
Respondent that it had not provided the following infor-
mation that the Region had requested in its August 16
letter: (1) four signed and dated original notices; (2) a
completed certification of posting; (3) a paper copy of
the intranet or website posting of the signed Notice; and
(4) relevant evidence to show that the Respondent would
consider in good faith the grievances that Parham had
attempted to file. The email further stated that if the Re-
spondent did not provide the requested documents by
September 16, 2013, the Region would seek default
judgment under the settlement agreement’s noncompli-
ance provision.
By email dated November 19, 2013, the Region in-
formed the Respondent that it had not yet provided any
of the above-described information. The Region’s email
noted that it had provided the Respondent with copies of
two of the grievances at issue, that Parham provided the
Respondent with a third grievance, and that the fourth
grievance had also been provided to the Respondent’s
representative. The Region informed the Respondent
that the settlement agreement did not concern the merits
of the grievances, but only the perfunctory handling of
the grievances by the Respondent. The Respondent an-
swered that it had never received one of the grievances
referenced in the settlement agreement and could not
therefore process it. In reply, the Region reiterated that
the Respondent had been provided with the grievances
and that the information requested in the Region’s Au-
gust 16 letter was due by November 27, 2013. On De-
cember 2, 2013, the Region sent the Respondent a fol-
low-up email, requesting that the Respondent notify the
Region when it could expect the requested information.
The Respondent failed to respond or to comply with the
Region’s request.
Accordingly, pursuant to the noncompliance terms of
the settlement agreement, the Acting Regional Director
2
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
issued a complaint on January 28, 2014, alleging that the
Respondent violated Section 8(b)(1)(A) of the Act. On
January 30, 2014, the General Counsel filed a Motion for
Default Judgment with the Board. On January 31, 2014,
the Board issued an order transferring the proceeding to
the Board and Notice to Show Cause why the motion
should not be granted. The Respondent filed no re-
sponse. The allegations in the motion are therefore un-
contested.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on Motion for Default Judgment
According to the uncontroverted allegations in the mo-
tion for default judgment, the Respondent has failed to
comply with the terms of the settlement by failing to
provide the Region with the following information re-
quested in its August 16, 2013 letter: (1) four signed and
dated original notices; (2) a completed certification of
posting; (3) a paper copy of the intranet or website post-
ing of the signed notice; and (4) relevant evidence to
show that the Respondent will consider in good faith the
grievances that Parham attempted to file. Consequently,
pursuant to the noncompliance provisions of the settle-
ment agreement set forth above, we find that all of the
allegations in the complaint are true.1 Accordingly, we
grant the General Counsel’s Motion for Default Judg-
ment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, Coastal International Security
(the Employer), a corporation organized under the laws
of the Commonwealth of Virginia and a wholly owned
subsidiary of Akal Security, Inc., with an office and
place of business in Lorton, Virginia, has been engaged
in the business of providing contract security services to
various firms and institutions, including the Ronald
Reagan Federal Building located at 1300 Pennsylvania
Avenue NW, Washington, D.C.
In conducting its business operations during the 12-
month period ending December 31, 2013, the Employer
performed services valued in excess of $50,000 in states
outside of Washington, D.C.
We find that the Employer is an employer engaged in
commerce within the meaning of Section 2(2), (6), and
(7) of the Act and that International Union, Security,
Police and Fire Professionals of America and its Local

1 See U-Bee, Ltd., 315 NLRB 667 (1994).
287, the Respondent, is a labor organization within the
meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
At all material times, by virtue of Section 9(a) of the
Act, the Respondent has been the exclusive collective-
bargaining representative of the following employees of
the Employer (the unit):
All full-time and regular part-time Security Officer
Employees employed by the Employer at the Ronald
Reagan Building in Washington D.C., but excluding all
other employees including Sergeants, Lieutenants,
Captains, office clerical employees, managerial em-
ployees, and professional employees as defined in the
Act.
At all material times, the Respondent and the Employ-
er have maintained and enforced a collective-bargaining
agreement covering the terms and conditions of em-
ployment of the unit, including a grievance and arbitra-
tion provision.
Since about September 24, 2012, the Respondent has
failed and refused to accept or process a grievance that
Cynthia V. Parham attempted to file under the provisions
of the agreement described above concerning the Em-
ployer’s granting of bathroom breaks.
Since about November 8, 2012, the Respondent has
failed and refused to accept or process a grievance that
Cynthia V. Parham attempted to file under the provisions
of the agreement described above concerning a supervi-
sor’s falsification of a time sheet.
Since about December 10, 2012, the Respondent has
failed and refused to accept or process a grievance that
Cynthia V. Parham attempted to file under the provisions
of the agreement described above, concerning an officer
stealing cups from the food court.
Since about December 10, 2012, the Respondent has
failed and refused to accept or process a grievance that
Cynthia V. Parham attempted to file under the provisions
of the agreement described above concerning an officer
who violated multiple post orders.
The Respondent’s conduct described above was per-
functory.
CONCLUSION OF LAW
By the acts and conduct described above, the Re-
spondent has failed and refused to represent Cynthia V.
Parham, an employee to whom it owes a duty of fair rep-
resentation, for reasons that are unfair, arbitrary, or invid-
ious and has breached the fiduciary duty it owes to Cyn-
thia V. Parham and the unit employees. The Respondent
has thereby restrained and coerced employees in the ex-
3
SECURITY POLICE & FIRE PROFESSIONALS OF AMERICA LOCAL 287 (AKAL/COASTAL INTERNATIONAL SECURITY)
ercise of their rights guaranteed in Section 7 of the Act in
violation of Section 8(b)(1)(A) of the Act. The Re-
spondent’s unfair labor practices affect commerce within
the meaning of Section 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has engaged in cer-
tain unfair labor practices, we shall order it to cease and
desist and to take certain affirmative action designed to
effectuate the policies of the Act. Specifically, having
found that the Respondent has failed or refused to accept
or process the grievances that Cynthia V. Parham at-
tempted to file between September and December 2012
for unfair, arbitrary, or invidious reasons, we shall order
the Respondent to accept the grievances filed by Cynthia
V. Parham, or any other employee to whom it owes a
duty of fair representation, and, if warranted, process
them in a non-perfunctory manner.
ORDER
The National Labor Relations Board orders that the
Respondent, International Union, Security, Police and
Fire Professionals of America and its Local 287, Wash-
ington, D.C., its officers, agents, and representatives,
shall
1. Cease and desist from
(a) Failing and refusing to accept or process the griev-
ance of any employee to whom it owes a duty of fair
representation for unfair, arbitrary, or invidious reasons.
(b) In any like or related manner restraining or coerc-
ing employees in the exercise of the rights guaranteed
them in Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) Accept in good faith and, if warranted, process, in
a nonperfunctory manner, the grievances that Cynthia V.
Parham attempted to file on September 24, 2012, No-
vember 18, 2012, and December 10, 2012.
(b) Within 14 days after service by the Region, post at
its business office and meeting places copies of the at-
tached notice marked “Appendix.”2 Copies of the notice,
on forms provided by the Acting Regional Director for
Region 5, after being signed by the Respondent’s author-
ized representative, shall be posted by the Respondent
and maintained for 60 consecutive days in conspicuous
places including all places where notices to employees
and members are customarily posted. In addition to
physical posting of paper notices, notices shall be dis-

2 If this Order is enforced by a judgment of a United States court of
appeals, the words in the notice reading “Posted By Order of the Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
tributed electronically, such as by email, posting on an
intranet or an internet site, and/or other electronic means,
if the Respondent customarily communicates with em-
ployees and members by such means. Reasonable steps
shall be taken by the Respondent to ensure that the notic-
es are not altered, defaced or covered by any other mate-
rial.
(c) Within 14 days after service by the Region, deliver
to the Regional Director for Region 5 signed copies of
the notice in sufficient number for posting by the Em-
ployer, Coastal International Security, if willing, at all
places where notices to employees are customarily post-
ed in its facility in Washington, D.C.
(d) Within 21 days after service by the Region, file
with the Regional Director for Region 5 a sworn certifi-
cation of a responsible official on a form provided by the
Region attesting to the steps that the Respondent has
taken to comply.
Dated, Washington, D.C. April 23, 2014
______________________________________
Philip A. Miscimarra, Member
______________________________________
Kent Y. Hirozawa, Member
______________________________________
Harry I. Johnson, III, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
APPENDIX
NOTICE TO EMPLOYEES AND MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated Federal labor law and has ordered us to post and
obey this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist a union
Choose representatives to bargain on your behalf
with your employer
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected
activities.
4
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
WE WILL NOT fail and refuse to accept or process the
grievance of any employee to whom we owe a duty of
fair representation for unfair, arbitrary or invidious rea-
sons.
WE WILL NOT in any like or related manner restrain or
coerce you in the exercise of the rights listed above.
WE WILL accept in good faith and, if warranted, pro-
cess in a nonperfunctory manner the grievances that Cyn-
thia V. Parham attempted to file on September 24, No-
vember 18, and December 10, 2012.
INTERNATIONAL UNION, SECURITY, POLICE AND
FIRE PROFESSIONALS OF AMERICA AND ITS
LOCAL UNION 287