Local 713 I.B.O.T.U. (Platinum Amenity Services LTD)

National Labor Relations Board - Unpublished Board Decisions

Sep 9, 2019

29-CB-220367 (N.L.R.B. Sep. 9, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
LOCAL 713, INTERNATIONAL BROTHERHOOD
OF TRADE UNIONS (PLATINUM AMENITY
SERVICES LTD.)
and Case 29-CB-220367
SERVICE EMPLOYEES INTERNATIONAL
UNION, LOCAL 32BJ
DECISION AND ORDER
Statement of the Case
On November 28, 2018, Local 713, International Brotherhood of Trade Unions
(Respondent Local 713); Service Employees International Union, Local 32BJ (Charging
Party or Local 32BJ); 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 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, Platinum Amenity Services LTD (Platinum), a domestic
corporation with an office and place of business located at 1370 60th Street, Brooklyn,
New York (the Brooklyn facility), has been engaged in the business of providing building
services to residential and commercial buildings throughout the New York City area,
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including to a residential building located at 42-12 28th Street, Long Island City, New
York (Tower 28).
During the 12-month period preceding the execution of the settlement stipulation,
which period is representative of its annual operations generally, Platinum, in the course
and conduct of its business operations described above, purchased and received goods
and services at its Brooklyn facility and at Tower 28 valued in excess of $50,000 directly
from suppliers located outside the State of New York.
At all material times, Platinum has been an employer engaged in commerce
within the meaning of Sections 2(2), (6), and (7) of the Act.
2. The labor organizations involved
At all material times, Respondent Local 713 has been a labor organization within
the meaning of Section 2(5) of the Act.
At all material times, Charging Party Local 32 BJ 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, Local 713, International
Brotherhood of Trade Unions, Long Island City, New York, its officers, agents, and
representatives shall:
1. Cease and desist from restraining and coercing employees in the exercise of
their Section 7 rights, including:
(a) Representing employees of Respondent Platinum working at Tower 28,
located at 42-12 28th Street, Long Island City, New York for the purpose of collective
bargaining.
(b) Accepting voluntary recognition from any employer, including Respondent
Platinum, at a time when Respondent Local 713 does not represent an uncoerced
majority of such employees in an appropriate unit.
(c) Executing or giving effect to a collective-bargaining agreement with any
employer, including agreements containing a union-security clause requiring
membership in Respondent Local 713 as a condition of employment, at a time when
Respondent Local 713 does not represent an uncoerced majority of such employees in
an appropriate unit.
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(d) Engaging in all organizational activity in furtherance of becoming the new
exclusive collective-bargaining representative of any employees of Respondent
Platinum, Dynamic Building Services, Inc., and/or PBS Services Inc. (collectively
referred to herein as “the employers”), including entering into collective-bargaining
agreements, soliciting union membership and/or authorization cards and/or discussing
the benefits of Local 713 membership with any employee employed by Respondent
Platinum, Dynamic Building Services, Inc, and/or PBS Services, Inc., for a period of
nine (9) months following the signing of this Settlement Agreement by the Regional
Director; provided, however, Respondent Local 713 shall not be required to disclaim
interest in any bargaining unit where Respondent Local 713 currently represents an
uncoerced majority of the employees. Respondent Local 713 may solicit union
authorization cards and discuss benefits of Local 713 membership with any new
employees hired into bargaining units covered by collective-bargaining agreements
where Respondent Local 713 currently represents an uncoerced majority of employees
prior to the approval of this agreement by the Regional Director. Respondent Local 713
is not precluded from renewing collective-bargaining agreements where Respondent
Local 713 currently represents an uncoerced majority of employees prior to the approval
of this agreement by the Regional Director.

(e) Using or relying on any Local 713 International Brotherhood of Trade Unions
membership cards that were signed on or before the date that Respondent Local 713
signs this Stipulation in an effort to seek certification by the National Labor Relations
Board as the exclusive collective-bargaining representative of any Platinum employees
for the purpose of collective bargaining.
(f) Using or relying on any Local 713 International Brotherhood of Trade Unions
membership cards that were signed on or before the date that Respondent Local 713
signs this Stipulation in an effort to seek Platinum’s voluntary recognition as exclusive
representative of any Platinum employee for the purpose of collective bargaining
through a card count performed by an independent arbitrator or any other means.
(g) In any other manner restraining or coercing employees of Respondent
Platinum or any other employer in the exercise of their right to self-organization, to form
labor organizations, to join or assist any labor organization, to bargain collectively
through representatives of their own choosing and to engage in other concerted
activities for the purpose of collective bargaining or other mutual aid or protection, or to
refrain from any and all such activities.
2. Take the following affirmative action necessary to effectuate the policies of the
Act:
(a) Within 14 days of notification from Region 29 of the amounts due, reimburse
all present and former full-time and regular part-time doormen, unarmed security guards
and partners employed by the Platinum Amenity Services at 42-12 28th Street, Long
Island City, New York (unit employees) for all dues, initiation fees, and other money
paid by employees or withheld from employees’ pay pursuant to the November 2017
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collective-bargaining agreements between Respondent Local 713 and Respondent
Platinum covering unit employees at Tower 28, located at 42-12 28th Street, Long
Island City, New York. Respondent Local 713 shall also pay the interest on those
reimbursements, pursuant to the rate prescribed in New Horizons, 283 NLRB 1173
(1987), compounded daily as prescribed in Kentucky River Medical Center, 356 NLRB 6
(2010), enforcement denied sub nom. Jackson Hospital Corp. v. NLRB, 647 F.3d 1137
(D.C. Cir. 2011).
(b) Accept Respondent Platinum’s withdrawal of recognition of Respondent
Local 713 as the exclusive collective-bargaining representative of unit employees.
(c) Within 14 days of service by the Region, post at its facility, located at 400
Garden City Plaza, Suite 106, Garden City, NY 11530, copies of the attached notice
(Appendix A). Copies of the notice, on forms provided by Region 29, after being signed
by Respondent Local 713’s authorized representative, shall be posted by Respondent
Local 713 and maintained for 60 consecutive days in conspicuous places, including all
places where notices to members are customarily posted. In addition to physical
posting of paper notices, Respondent Local 713 shall duplicate and mail, at its own
expense, a copy of the notice to all current and former unit employees employed by
Respondent Platinum since October 24, 2017 to the date of the mailing.
(d) Within 21 days after service by the Region, file with the Regional Director a
sworn certification of a responsible official on a form provided by the Region attesting to
the steps that Respondent Local 713 has taken to comply with this Order.
(e) Within 21 days Respondent Local 713 will schedule with Region 29 of the
NLRB a mandatory 45-minute training session for all Local 713 officials, organizers and
representatives, to be conducted at Respondent Local 713’s office located at 400
Garden City Plaza, Suite 106, Garden City, NY 11530. The training session will cover
“the law of organizing” under the National Labor Relations Act and will include time for
questions and answers. A designee of the Regional Director for Region 29 will conduct
the training session at an agreed upon date and time. Should the parties fail to agree
upon a training date and/or time, the Regional Director of Region 29 shall have sole
discretion to select the date and time for the training session. Respondent Local 713
will instruct all Local 713 officials, organizers and representatives that the training
session is mandatory. Respondent Local 713 will create an attendance list including the
names of all Local 713 officials, organizers and representatives in attendance at the
mandatory training and will provide a copy of that document to the Regional Director
within 14 days from the day of the training session.
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Dated, Washington, D.C., September 9, 2019.
________________________________
Lauren McFerran, Member
________________________________
Marvin E. Kaplan, Member
________________________________
William J. Emanuel, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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APPENDIX A
NOTICE TO 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
Local 713 is No Longer Your Union at Tower 28
Based on charges filed by Service Employees International Union, Local 32BJ,
the National Labor Relations Board and Local 32BJ entered into a settlement
agreement with Platinum Amenity Services LTD regarding its Tower 28 building and
with Local 713 International Brotherhood of Trade Unions.
In that agreement, Platinum Amenity Services and Local 713 agreed that
Platinum Amenity Services no longer recognizes Local 713 as the union representing
Platinum Amenity Services concierges/doormen and porters at Tower 28.
The collective-bargaining agreement Local 713 and Platinum Amenity Services
signed is no longer in effect. Platinum Amenity Services will no longer take Local 713
union dues out of your paycheck.
Pursuant to that agreement, Local 713 states:
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 STOP enforcing the collective-bargaining agreement with Platinum
Amenity Services LTD covering employees employed at Tower 28.
WE WILL NOT charge you union dues or other fees under the collective-
bargaining agreement that we had with Platinum Amenity Services LTD at Tower 28.
WE WILL NOT accept recognition from Platinum Amenity Services as your
union, or from any other employer, at a time when we do not represent an uncoerced
majority of employees in an appropriate unit.
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WE WILL NOT sign a collective-bargaining agreement with Platinum Amenity
Services LTD covering employees employed at Tower 28, or with any other employer, if
we do not represent an uncoerced majority of employees in an appropriate unit.
WE WILL pay you for all union dues and other fees that you paid under the
collective-bargaining agreement that we had with Platinum Amenity Services LTD
covering the employees at Tower 28.
WE WILL accept Platinum Amenity Services LTD’s withdrawal of recognition of
Local 713 as the union representing concierges/doormen and porters working at Tower
28, unless and until the National Labor Relations Board certifies Local 713 to be your
union
LOCAL 713, INTERNATIONAL BROTHERHOOD
OF TRADE UNIONS
The Board’s decision can be found at http://www.nlrb.gov/case/29-CB-220367 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 St., S.E.,
Washington, D.C. 20570, or by calling (202) 273-1940.