Whelan Security Mid-Atlantic LLC

National Labor Relations Board - Board Decisions

Jan 11, 2019

05-RC-220538 (N.L.R.B. Jan. 11, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
WHELAN SECURITY MID-ATLANTIC, LLC
Employer
and Case 05-RC-220538
LAW ENFORCEMENT OFFICERS SECURITY
UNIONS LEOSU-DC, LEOS-PBA
Petitioner
and
SERVICE EMPLOYEES INTERNATIONAL UNION,
LOCAL 32BJ
Interested Party
ORDER
The Employer’s Request for Review of the Acting Regional Director’s Amended Decision
and Direction of Election Correcting the Name of the Employer is denied as it raises no
substantial issues warranting review.1
LAUREN McFERRAN, MEMBER
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER

1 In denying review, we find no merit to the Employer’s argument that the petition is subject to
the recognition bar doctrine. The Employer’s current bargaining obligation covers only security
officers, who are represented by the Interested Party. As found by the Acting Regional Director,
the evidence fails to establish that the collective-bargaining relationship between the Employer
and the Interested Party clearly covers the petitioned-for sergeants, and instead shows a mutual
intent to exclude them. Further, we agree with the Acting Regional Director’s finding that the
Employer and the Interested Party failed to prove that compelling circumstances warrant
disturbing the historical unit consisting of security officers to add sergeants, a finding the
Employer has not challenged.
We additionally reject the Employer’s contention, raised for the first time in its Request for
Review, that the Acting Regional Director should have directed a self-determination election.
This issue was not properly presented to the Board. See Board Rules and Regulations, Sec.
102.67(e) (“Such request may not raise any issue or allege any facts not timely presented to the
Regional Director.”). Moreover, the Petitioner and the Interested Party do not seek a self-
determination election.
Dated, Washington, D.C., January 11, 2019.