Paragon Systems, Inc.

National Labor Relations Board - Board Decisions

Oct 16, 2014

20-CA-128537 (N.L.R.B. Oct. 16, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PARAGON SYSTEMS, INC.
and Case 20-CA-128537
UNITED GOVERNMENT SECURITY
OFFICERS OF AMERICA, LOCAL 223
DECISION AND ORDER
Statement of the Case
On August 13, 2014, Paragon Systems, Inc. (the Respondent), United
Government Security Officers of America, Local 223 (the Union), and the General
Counsel of the National Labor Relations Board entered into a Formal Settlement
Stipulation, subject to the Board’s approval, providing for the entry of a consent order by
the Board and a consent judgment by any appropriate United States Court of Appeals.
The parties waived all further and other proceedings before the Board to which they
may be entitled under the National Labor Relations Act, as amended, and the Board’s
Rules and Regulations, and the Respondent waived its right to contest the entry of a
consent judgment or to receive further notice of the application therefor.
The National Labor Relations Board has delegated its authority in this proceeding
to a three–member panel.
The Formal Settlement Stipulation is approved and made a part of the record, and
the proceeding is transferred to and continued before the Board in Washington, D.C.,
for the entry of a Decision and Order pursuant to the provisions of the Formal
Settlement Stipulation.
Based on the Formal Settlement Stipulation and the entire record, the Board
makes the following:
Findings of Fact
1. The Employer’s business
At all material times, the Respondent, an Alabama corporation with its principal
office located in Herndon, Virginia and facilities located in the State of California, has
been engaged in the business of providing security and guard services to the United
States Government.
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During the 12-month period ending December 31, 2013, the Respondent, in
conducting its business operations described above, performed services valued in
excess of $50,000 directly to customers located outside the State of California.
The Respondent is now, and has been at all material times, an employer
engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act.
2. The labor organization involved
At all material times, the Union has been an organization in which employees
participate, and which exists, in whole or in part, for the purpose of representing
employees in dealings with persons and employers regarding grievances, labor
disputes and collective-bargaining with respect to employee wages, hours, and working
conditions.
At all material times, the Union has been a labor organization within the meaning
of Section 2(5) of the Act.
ORDER
Based on the above findings of fact, the Formal Settlement Stipulation, and the
entire record, and pursuant to Section 10(c) of the National Labor Relations Act, the
National Labor Relations Board orders that the Respondent, Paragon Systems, Inc.,
Herndon, Virginia, and various locations in the State of California, its officers, agents,
successors, and assigns, shall
1. Cease and desist from
(a) Refusing to bargain in good faith with United Government Security Officers
of America, Local 223 (the Union), as the exclusive collective-bargaining representative
of its employees in the following appropriate unit (the unit):
All Security Officers (Guards) as defined by Section 9(b)(3) of the National
Labor Relations Act, as amended, employed by Respondent under the
Department of Homeland Security or successor agency contract or any
successor contracts, covering the Sacramento, California and surrounding
areas, including the cities listed below and the counties of Mendocino,
Sutter, Alpine, Amador, Nevada, Sierra, Tehama, Modoc, Siskiyou, Trinity,
Sacramento, San Joaquin, Placer, Shasta, El Dorado, Calaveras, Butte,
Stanislaus, Lassen, Lake, Yolo, Humboldt, Napa, Solano, Sonoma, and
Del Norte, excluding all office clerical employees, professional employees,
employees not physically working on the Government sites, employees
enrolled or participating in pre-assignment training programs offered by
Respondent, and supervisors as defined by the Act. Also, all full-time and
regular part–time security officers, guards, security police officers, and
sergeants employed by Respondent working inside and outside of Federal
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Buildings located in the cities of Auburn, Carmichael, Chico, Citrus
Heights, Crescent City, Eureka, Lodi, Manteca, Modesto, Oroville,
Placerville, Redding, Roseville, Sacramento, Stockton, Ukiah, Yreka,
Yuba City, and Folsom Dam in Folsom, California; excluding all office
employees, clerical employees, secretaries, Captains, Lieutenants,
Management Personnel, and supervisors as defined by the Act.
(b) Delaying in providing the Union with information it requests that is relevant
and necessary to its role as the collective-bargaining representative of the unit.
(c) In any like or related manner interfering with, restraining or coercing
employees in the exercise of their Section 7 rights.
2. Take the following affirmative action necessary to effectuate the policies of the
Act.
(a) Upon the Union’s request, bargain in good faith with the Union as the
exclusive collective-bargaining repesentative of the unit employees.
(b) Within 14 days of service by the Region, post in prominent places around its
Sacramento Office located at 3111 Fite Circle, Sacramento, CA 95827, and any
Federal facilities where its unit employees work, if possible, copies of the attached
Notice marked Appendix. Copies of the Notice, on forms provided by Region 20, after
being signed by the Respondent’s authorized representative, shall be posted for a
period of 60 days, in conspicuous places, including all places where it normally posts
notices to employees, and shall be emailed to all unit employees. The Respondent
shall take reasonable steps to ensure that the Notices are not altered, defaced or
covered by any other material.
(c) Within 21 days of the issuance of the Board’s Order, file with the Regional
Director for Region 20 of the Board, a sworn affidavit from a responsible official
describing with specificity the manner in which the Respondent has complied with the
terms of the Board’s Order, including the locations of the posted documents.
Dated, Washington, D.C., October 16, 2014.
___________________________________
Kent Y. Hirozawa, Member
___________________________________
Harry I. Johnson, III, Member
___________________________________
Nancy Schiffer, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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APPENDIX
NOTICE TO EMPLOYEES
Posted by Order of the
National Labor Relations Board
An Agency of the United States Government
PURSUANT TO A STIPULATION PROVIDING FOR A BOARD ORDER AND A
CONSENT JUDGMENT OF ANY APPROPRIATE UNITED STATES COURT OF
APPEALS
FEDERAL LAW GIVES YOU THE RIGHT TO:
Section 7 of the National Labor Relations Act gives you as employees these rights:
Form, join, or assist a union;
Choose representatives to bargain with us on your behalf;
Act together with other employees for your benefit and protection;
Choose not to engage in any of these protected activities.
WE WILL NOT do anything to prevent you from exercising the above rights.
UNITED GOVERNMENT SECURITY OFFICERS OF AMERICA, LOCAL 223 is the
employees’ representative in dealing with us regarding wages, hours and other working
conditions of the employees in the following unit:
All Security Officers (Guards) as defined by Section 9(b)(3) of the National
Labor Relations Act, as amended, employed by Respondent under the
Department of Homeland Security or successor agency contract or any
successor contracts, covering the Sacramento, California and surrounding
areas, including the cities listed below and the counties of Mendocino,
Sutter, Alpine, Amador, Nevada, Sierra, Tehama, Modoc, Siskiyou, Trinity,
Sacramento, San Joaquin, Placer, Shasta, El Dorado, Calaveras, Butte,
Stanislaus, Lassen, Lake, Yolo, Humboldt, Napa, Solano, Sonoma, and
Del Norte, excluding all office clerical employees, professional employees,
employees not physically working on the Government sites, employees
enrolled or participating in pre-assignment training programs offered by
Respondent, and supervisors as defined by the Act. Also, all full-time and
regular part–time security officers, guards, security police officers, and
sergeants employed by Respondent working inside and outside of Federal
Buildings located in the cities of Auburn, Carmichael, Chico, Citrus
Heights, Crescent City, Eureka, Lodi, Manteca, Modesto, Oroville,
Placerville, Redding, Roseville, Sacramento, Stockton, Ukiah, Yreka,
Yuba City, and Folsom Dam in Folsom, California; excluding all office
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employees, clerical employees, secretaries, Captains, Lieutenants,
Management Personnel, and supervisors as defined by the Act.
WE WILL NOT unreasonably delay in providing the Union with information that is
relevant and necessary to its role as your bargaining representative.
WE HAVE provided the Union with the information it requested on January 15, 2014.
WE HAVE provided the Union with the information it requested on February 24, 2014.
WE HAVE provided the Union with the information it requested on March 17, 2014.
WE WILL NOT in any like or related manner interfere with your rights under Section 7 of
the Act.
WE WILL, upon the Union’s request, bargain in good faith with the Union as the
exclusive collective-bargaining representative of the unit employees.
PARAGON SYSTEMS, INC.
(Employer)
DATE: ________________________ BY: ________________________________
(Representative) (Title)
The Board’s decision can be found at www.nlrb.gov/case/20-CA-128537 or by using the
QR code below. Alternatively, you can obtain a copy of the decision from the Executive
Secretary, National Labor Relations Board, 1099 14th Street, N.W., Washington, D.C.
20570, or by calling (202) 273-1940.