The National Union of Protective Services Associations (Alutiiq Diversified Services, LLC)

National Labor Relations Board - Board Decisions

Feb 1, 2019

06-CB-105424 (N.L.R.B. Feb. 1, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
NATIONAL UNION OF PROTECTIVE SERVICES
ASSOCIATIONS, and its successor
FEDERATION OF POLICE AND SECURITY (ALUTIIQ
DIVERSIFIED SERVICES, LLC)
and Case 06-CB-105424
DENISE A. MORRILL
DECISION AND ORDER
Statement of the Case
On July 23, 2018, the National Union of Protective Services Associations, and its
successor Federation of Police and Security, Denise A. Morrill, and the General
Counsel of the National Labor Relations Board entered into a Formal Settlement
Stipulation, subject to the Board’s approval, provided 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 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
The Employer’s business
1. (a) At all material times, the Employer, Alutiiq Diversified Services, LLC, a
wholly-owned subsidiary of Alfognak Native Corporation with an office and place of
business in Chesapeake, Virginia, and multiple jobsites in western Pennsylvania, has
been engaged in the business of providing security services to the United States
Department of Homeland Security (DHS), in certain federally-owned facilities.
(b) During the 12-month period ending April 30, 2013, Alutiiq in conducting its
business operations described above, performed services valued in excess of $50,000
for DHS, an agency of the United States Government, and has exerted a substantial
impact on the national defense of the United States.
(c) At all material times, the Employer has been an employer engaged in
commerce within the meaning of Section 2(2), (6), and (7) of the Act.
The labor organization involved
1. At all material times, the Respondent 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, National Union of Protective Services Associations, and its successor
Federation of Police and Security, Owings Mills, Maryland, its officers, agents, and
representatives shall:
1. Cease and desist from:
(a) Restraining or coercing employees of Alutiiq Diversified Services, LLC, in the
exercise of their rights guaranteed in Section 7 of the National Labor Relations Act, as
amended, by failing to handle grievances for DeAnna Ankney, or any employee,
because they dislike them or for any other bad faith consideration.
(b) Restraining or coercing employees of Alutiiq Diversified Services, LLC, in the
exercise of their rights guaranteed in Section 7 of the National Labor Relations Act, as
amended, by failing to act to prevent the termination of the bargaining unit’s health
insurance policy.
(c) Opening any additional accounts beyond those it possesses at the Sun Trust
Bank as of April 6, 2018, without first giving prior notice to the Board.
(d) Permitting any further alienation of its assets by its current Executive Director,
Susan M. King, or any other person, except to the extent that such payments amount to
the payment of bona fide salary or reimbursement of expenses.
(e) In any other manner, interfering with, restraining, or coercing employees in
the exercise of the rights guaranteed by Section 7 of the Act.
2. Take the following affirmative action necessary to effectuate the policies of the
Act:
(a) Make whole the following unit members for the medical expenses they
incurred by payment to them in the amounts set opposite their respective names, plus
applicable interest due at the time of payment:
Unit Member Reimbursement re Medical
Expenses
Gareth Davis $948.80
James Durant $4,151.60
Michael Hovis $164.61
Joseph Pitel $765.71
(b) Make unit member DeAnna Ankney whole for her losses as a
result of failing to process her discharge grievance by payment to her in
the amounts set opposite her name, plus interest applicable due at the
time of payment:
De Ann Ankney $7,000.00 (Backpay)
(c) Payments will be made by check payable to the “National Labor
Relations Board” pursuant to the attached Backpay Installment Payment
Plan, Appendix A, until the amounts, as reflected in this Stipulation, are
satisfied.
(d) If any restitution payment is not remitted within 14 days of receipt
by the Respondent, the full unpaid amount shall become immediately due
and payable and the Board may, without further notice, institute
proceedings against the Respondent for the collection of the full
indebtedness remaining due, with additional interest due on the entire
unpaid balance from the date of the default until full payment is received,
computed in accordance with the formula prescribed in New Horizons, 283
NLRB 1173 (1987), compounded daily as prescribed in Kentucky River
Medical Center, 356 NLRB 6 (2010).
(e) Provide copies of its monthly bank statements for all accounts
held by the Respondent to the Board to verify its receipts and
expenditures.
(f) Within 14 days of service by the Region, copy and mail, at its own
expense, copies of the Notice, which is attached as Appendix B. The
Notice must be signed by the Respondent’s authorized representative and
then mailed to all current Pittsburgh bargaining unit employees and
members and anyone who was a bargaining unit employee or member at
any time from December 1, 2012 until November 25, 2013.
(g) Within 21 days after service by the Region, file with the Regional
Director for Region 6 a sworn certification of a responsible official on a
form provided by the Region attesting to the steps the Respondent has
taken to comply.
Dated, Washington, D.C., February 1, 2019.
_____________________________
Lauren McFerran, Member
_____________________________
Marvin E. Kaplan, Member
_____________________________
William J. Emanuel, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
APPENDIX A
BACKPAY INSTALLMENT PAYMENT PLAN (Revised 7/25/18)
In full satisfaction of all monetary obligations it may have in Board Case No.
06-CB-105424, Federation of Police and Security (FOPS), a successor to the
National Union of Protective Services Associations (NUPSA) (Respondent),
agrees to pay THIRTEEN THOUSAND TWENTY-ONE DOLLARS and SEVENTY-
TWO CENTS ($13,021.72), plus interest, until fully paid in the manner described
below.
Within 14 days following the approval of the Formal Settlement Stipulation by
the Regional Director of Region 6, Respondent will transmit a check to Region 6 in
the amount of $500.00 payable to the "National Labor Relations Board."
In addition, Respondent agrees to remit all restitution payments (pursuant
to a court- ordered restitution judgment in criminal case 14-cr-123 (D.D.C.))
received following the approval of the Formal Settlement Stipulation by the
Regional Director of Region 6. These payments must also be transmitted to
Region 6 via check made payable to the "National Labor Relations Board."
All payments must be mailed to National Labor Relations Board, Region
6, Nancy Wilson - Regional Director, 1000 Liberty Ave., Room 904, Pittsburgh,
PA 15222.
All checks received by the Region will be deposited in an escrow account
by the Finance Branch of the NLRB in Washington, DC. The NLRB's Finance
Branch will be issue checks to the discriminatees in proportional amounts until
100% backpay is achieved.
Should Region 6 be unable to locate any discriminatee within one year after
Respondent deposits the final installment payment, the backpay entitlement of any
such discriminatee shall expire and be paid to DeAnna Ankney.
In consideration of the Board granting this installment payment plan, the
Federation of Police and Security (FOPS) further agrees that, if any restitution
payment is not remitted within 14 days of receipt by Respondent, or, to cure any
such failure within fourteen (14) days, the total amount of backpay set forth above,
less any amounts paid, plus any additional interest on the portions of backpay yet
to be paid, shall become immediately due and payable.
FEDERATION OF POLICE AND SECURITY (FOPS)
Respondent
APPENDIX B
NOTICE TO EMPLOYEES AND MEMBERS
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:
Form, join, or assist a union;
Choose a representative to bargain with your employer 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.
WE WILL NOT in any other manner restrain or coerce you in the exercise of
your rights under Section 7 of the Act.
WE WILL NOT fail to handle grievances for DeAnna Ankney or any employee
because we dislike them or for any other unfair reason.
WE WILL NOT fail to act to prevent the termination of the bargaining unit’s
health insurance policy.
WE WILL make any affected bargaining unit employee whole, with interest, for
health insurance expenses they incurred as a result of our conduct.
NATIONAL UNION OF PROTECTIVE
SERVICES ASSOCIATIONS and its
successor FEDERATION OF POLICE
AND SECURITY
The Board’s decision can be found at http://www.nlrb.gov/case/06-CB-105424 or by using the
QR code below. Alternatively, you can obtain a copy of the decision from the Executive
Secretary, National Labor Relations Board, 1015 Half Street, S.E., Washington, D.C. 20570, or
by calling (202) 273-1940.