PARAGON SECURITY SYSTEMS

National Labor Relations Board - Board Decisions

Dec 15, 2014

01-RC-125863 (N.L.R.B. Dec. 15, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PARAGON SECURITY SYSTEMS
Employer
and Case 01-RC-125863
UNITED GOVERNMENT SECURITY
OFFICERS OF AMERICA, INTERNATIONAL
UNION (UGSOA) AND ITS LOCAL 353
Petitioner
and
INTERNATIONAL UNION, SECURITY
POLICE & FIRE PROFESSIONALS OF
AMERICA (SPFPA)
Intervenor/Union
AMERICAN EAGLE PROTECTIVE
SERVICES
Employer
and Case 01-RC-125865
UNITED GOVERNMENT SECURITY
OFFICERS OF AMERICA, INTERNATIONAL
UNION (UGSOA) AND ITS LOCAL 353
Petitioner
and
INTERNATIONAL UNION, SECURITY
POLICE & FIRE PROFESSIONALS OF
AMERICA (SPFPA)
Intervenor/Union
ORDER
The Petitioner’s Request for Review of the Regional Director’s administrative dismissal
of the instant petitions raises no substantial issues warranting reversal of the Regional Director’s
action. Accordingly, the dismissal is affirmed.1
Dated, Washington, D.C., December 15, 2014.
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER

1 Consistent with his concurring view expressed in FJC Security Services, 360 NLRB No. 115,
slip op. at 1-4 (2014) (Member Miscimarra, concurring), Member Miscimarra would adhere to
the standard established in MV Transportation, 337 NLRB 770, 770 (2002), where the Board
held that “an incumbent union in a successorship situation is entitled to—and only to—a
rebuttable presumption of continuing majority status, which will not serve as a bar” to an
otherwise valid rival union petition; and alternatively, Member Miscimarra believes that a
successor bar under UGL-UNICCO Service Co., 357 NLRB No. 76 (2011), if applied, should
commence running when the successor is first required to recognize and bargain with the union
rather than when the parties have their first bargaining session. Accordingly, Member
Miscimarra would grant review and find that the petitions warrant an election.