Myers Investigative and Security Services

National Labor Relations Board - Administrative Judge Opinions

Feb 11, 2009

22-CA-028417 (N.L.R.B. Feb. 11, 2009)

JD(NY)–07-09
Lakehurst, NJ
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
DIVISION OF JUDGES
NEW YORK BRANCH OFFICE
MYERS INVESTIGATIVE AND SECURITY SERVICES, INC.
and Case Nos. 22-CA-28417
22-CA-28575
UNITED FEDERATION OF SPECIAL POLICE
& SECURITY OFFICERS, INC.
Robert Gonzales, Esq., Counsel for the General Counsel.
DECISION
Statement of the Case
Joel P. Biblowitz, Administrative Law Judge: This case was heard by me on January
29, 2009 in Newark, New Jersey. The Consolidated Amended Complaint herein, which issued
on January 7, 2009 and was based upon unfair labor practice charges filed on June 23, 2008,
August 25, 2008, and September 26, 2008 by United Federation of Special Police & Security
Officers, Inc., herein called the Union, alleges that Myers Investigative and Security Services,
Inc., herein called the Respondent, violated Section 8(a)(1)(5) of the Act by refusing to meet
with the Union to continue bargaining for an initial contract, has engaged in delay and failed to
meet with the Union at reasonable times, has failed to respondent to the Union’s request to
meet and bargain over the effects of the possible loss of the Respondent’s contract at the
Lakehurst, New Jersey facility, and has failed to supply the Union with certain requested
information, which is relevant to the Union as the collective bargaining representative of certain
of its employees. The Consolidated Complaint further states that pursuant to the Board’s Rules
and regulations, the Respondent’s Answer must be received by the regional office by January
21, 2009. The Respondent failed to file an Answer and did not appear at the hearing herein.1
Counsel for the General Counsel, at the hearing, moved for default judgment, which motion I
granted. Based upon the pleadings herein, I make the following findings of fact and conclusions
of law:
1(a). The Union filed the charge in Case 22-CA-28417 on June 23, 2008 and a copy was
served by regular mail on Respondent on June 24, 2008.
(b). The Union filed its first amended charge in Case 22-CA-28417 on August 25, 2008
and a copy was served by regular mail on the Respondent on August 27, 2008.
(c). The Union filed the charge in 22-CA-28575 on September 26, 2008 and a copy was
served by regular mail on Respondent on September 26, 2008.

1 The initial Consolidated Complaint issued on November 24, 2008. After receiving no
Answer from the Respondent, the region, by letter to the Respondent dated December 17,
2008, stated that unless a timely Answer was received by December 24, 2008 the region would
move for default judgment. No Answer was received in response to the Complaint or the
subsequent letter.
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2. At all material times Respondent, a North Carolina corporation, with its office and
place of business in Dunn, North Carolina, herein called the Respondent’s principal office, has
been engaged in providing security services for customers located in various states of the
United States, including facilities located in Colt’s Neck and Lakehurst, New Jersey, the only
facilities involved herein.
3. During the preceding twelve months Respondent, in conducting its business
operations described above in paragraph 2, performed services valued in excess of $50,000 in
States other than the State of North Carolina.
4. At all material times Respondent has been engaged in commerce within the meaning
of Section 2(2), (6) and (7) of the Act.
5. At all material times the Union has been a labor organization within the meaning of
Section 2(5) of the Act.
6. The following employees of Respondent, herein called the unit, constitute a unit
appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the
Act:
All full time and regular part time security guards employed by Respondent at the
Lakehurst Naval Base in Lakehurst, New Jersey and the Weapons Naval Station Earle,
Colt’s Neck, New Jersey, excluding all other employees and supervisors as defined in
the National Labor Relations Act.
7. On March 18, 2008, the Union was certified as the exclusive collective-bargaining
representative of the Unit.
8. At all times since March 18, 2008, based on Section 9(a) of the Act, the Union has
been the exclusive bargaining representative of the Unit.
9. About March 25, 2008, the Union by electronic mail, requested that Respondent
bargain collectively with the Union as the exclusive collective bargaining representative of the
Unit.
10(a). About May 6, 2008, Respondent and the Union began negotiations for an initial
collective-bargaining agreement.
(b). Since May 7, 2008, Respondent has failed to respond to Union requests to meet and
continue negotiations for an initial collective bargaining agreement.
(c). Since May 7, 2008, Respondent has engaged in chronic delay in meeting with the
Union and has failed to meet at reasonable times to continue negotiations for an initial collective
bargaining agreement.
(d). Since September 17, 2008, Respondent failed to respond to the Union’s requests to
meet and bargain over the effects of the possible loss of Respondent’s contract at the
Lakehurst, New Jersey facility.
11. Since about July 22, 2008, the Union, by electronic mail, has requested that
Respondent furnish the Union with the following information: names, wages, and benefits of
employees in the Unit.
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12. The information requested by the Union, as described above in paragraph 11, is
necessary for, and relevant to, the Union’s performance of its duties as the exclusive collective
bargaining representative of the Unit.
13. Since about July 22, 2008, Respondent has failed and refused to furnish the Union
with the information requested by it as described above in paragraphs 11 and 12.
14. By the conduct described in paragraphs 10 and 13, Respondent has been failing and
refusing to bargain collectively and in good faith with the exclusive collective-bargaining
representative of its employees within the meaning of Section 8(d) of the Act, in violation of
Section 8(a)(1) and (5) of the Act.
15. The unfair labor practices of Respondent described above affect commerce within
the meaning of Section 2(6) and (7) of the Act.
The Remedy
Having found that the Respondent has engaged in certain unfair labor practices, I
recommend that it be ordered to cease and desist from engaging in these activities, and that it
be ordered to take certain affirmative action designed to effectuate the policies of the Act. In this
regard, as requested in the Complaint herein, I recommend that the Respondent be ordered to
bargain in good faith with the Union for a period of one year commencing on the date of the first
collective bargaining session between the parties after the issuance of this Decision. Mar-Jac
Poultry Co., 136 NLRB 785 (1962). I also recommend that the Respondent be ordered to furnish
the Union with the names, wages and benefits of the employees in the Unit.
On these findings of fact and conclusions of law and on the entire record, I issue the
following recommended:
ORDER2
The Respondent, Myers Investigative and Security Services, Inc., its officers, agents and
representatives, shall
1. Cease and desist from:
(a) Failing and refusing to bargain in good faith with the Union by failing to respond to
the Union’s requests to meet and continue negotiations, failing and refusing to meet at
reasonable times, and failing and refusing to bargain over the effects of the possible loss of
Respondent’s contract at the Lakehurst, New Jersey facility.
(b) Failing and refusing to provide the Union with information that it requested, which
information is necessary for, and relevant to, the Union as the collective bargaining
representative of the Unit employees.

2 If no exceptions are filed as provided by Sec. 102.46 of the Board’s Rules and
Regulations, the findings, conclusions, and recommended Order shall, as provided in Sec.
102.48 of the Rules, be adopted by the Board and all objections to them shall be deemed
waived for all purposes.
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(c) In any like or related manner interfering with, restraining or coercing its employees in
the exercise of the rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action designed to effectuate the policies of the Act:
(a) Notify the Union within 10 days of receipt of this Decision that it will bargain in good
faith with the Union about the terms and conditions of employment of the Unit employees for a
period of one year, and that it will respond to the Union’s requests to bargain and will meet with
the Union at reasonable times to continue the negotiations.
(b). Furnish the Union with the information that it requested on about July 22, 2008,
namely the names, wages and benefits of the Unit employees.
(c) Within 14 days after service by the Region, post at its principal office in Dunn, North
Carolina, as well as all its facilities in the State of New Jersey where its employees are
employed, copies of the attached notice marked “Appendix.”3 Copies of the notice, on forms
provided by the Regional Director for Region 22, after being signed by the Respondent’s
authorized representative, shall be posted by the Respondent and maintained for 60
consecutive days in conspicuous places including all places where notices to employees are
customarily posted. Reasonable steps shall be taken by the Respondent to ensure that the
notices are not altered, defaced, or covered by any other material. In the event that, during the
pendency of these proceedings, the Respondent has gone out of business or closed the facility
involved in these proceedings, the Respondent shall duplicate and mail, at its own expense, a
copy of the notice to all current employees and former employees employed by the Respondent
at any time since May 7, 2008.
(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
the Respondent has taken to comply.
Dated, Washington, D.C., February 11, 2009.
_______________________________
Joel P. Biblowitz
Administrative Law Judge

3 If this Order is enforced by a judgment of a United States court of appeals, the words in the
notice reading “Posted by Order of the National Labor Relations Board” shall read “Posted
Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
JD(NY)–07-09

APPENDIX
NOTICE TO EMPLOYEES
Posted by Order of the
National Labor Relations Board
An Agency of the United States Government
The National Labor Relations Board has found that we violated Federal labor law and has ordered us to
post and obey this Notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
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 refuse to bargain in good faith with United Federation of Special Police & Security
Officers, Inc. (“the Union”), by failing to respond to the Union’s request to meet and bargain, by refusing
to meet with the Union at reasonable times to continue negotiations, by refusing to furnish the Union with
information that it requested, which was relevant to the Union and the collective bargaining representative
of certain of our employees, and by failing to respond to the Union’s request to bargain over the effects of
the possible loss of our contract at the Lakehurst, New Jersey facility.
WE WILL NOT in any like or related manner interfere with, restrain or coerce you in the exercise of your
rights guaranteed by Section 7 of the Act.
WE WILL within ten days of the receipt of this Decision notify the Union that we will bargain in good faith
with respect to the terms and conditions of employment of our full time and regular part time security
guards employed at the Lakehurst Naval Base and the Weapons Naval Station Earle in Lakehurst and
Colts Neck, New Jersey, and WE WILL meet at reasonable times, without delay, WE WILL bargain in
good faith with the Union over the effects of a possible loss of our contract at the Lakehurst facility, and
WE WILL furnish the Union with the names, wages and benefits of our Unit employees.
MYERS INVESTIGATIVE AND SECURITY SERVICES, INC.
(Employer)
Dated_________________ By__________________________________________________
(Representative) (Title)
The National Labor Relations Board is an independent Federal agency created in 1935 to enforce the National Labor Relations
Act. It conducts secret-ballot elections to determine whether employees want union representation and it investigates and
remedies unfair labor practices by employers and unions. To find out more about your rights under the Act and how to file a
charge or election petition, you may speak confidentially to any agent with the Board’s Regional Office set forth below. You may
also obtain information from the Board’s website: www.nlrb.gov.
20 Washington Place, 5th Floor
Newark, New Jersey 07102-3110
Hours: 8:30 a.m. to 5 p.m.
973-645-2100.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
THIS NOTICE MUST REMAIN POSTED FOR 60 CONSECUTIVE DAYS FROM THE DATE OF POSTING AND MUST
NOT BE ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL. ANY QUESTIONS CONCERNING THIS
NOTICE OR COMPLIANCE WITH ITS PROVISIONS MAY BE DIRECTED TO THE ABOVE REGIONAL OFFICE’S
COMPLIANCE OFFICER, 973-645-3784.