Paragon Systems, Inc.Download PDFNational Labor Relations Board - Board DecisionsDec 15, 201431-RC-126224 (N.L.R.B. Dec. 15, 2014) Copy Citation UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD PARAGON SYSTEMS, INC. Employer and Case 31-RC-126224 UNITED GOVERNMENT SECURITY OFFICERS OF AMERICA, INTERNATIONAL UNION (UGSOA) Petitioner and INTERNATIONAL UNION, SECURITY POLICE, AND FIRE PROFESSIONALS OF AMERICA (SPFPA) Intervenor ORDER The Petitioner’s Request for Review of the Regional Director’s administrative dismissal of the instant petition raises no substantial issues warranting reversal of the Regional Director’s action. Accordingly, the dismissal is affirmed.1 Dated, Washington, D.C., December 15, 2014. MARK GASTON PEARCE, CHAIRMAN PHILIP A. MISCIMARRA, MEMBER KENT Y. HIROZAWA, MEMBER 1 Consistent with his concurring view expressed in FJC Security Services, 360 NLRB No. 115, slip op. at 1-4 (2014) (Member Miscimarra, concurring), Member Miscimarra would adhere to the standard established in MV Transportation, 337 NLRB 770, 770 (2002), where the Board held that “an incumbent union in a successorship situation is entitled to—and only to—a rebuttable presumption of continuing majority status, which will not serve as a bar” to an otherwise valid rival union petition; and alternatively, Member Miscimarra believes that a successor bar under UGL-UNICCO Service Co., 357 NLRB No. 76 (2011), if applied, should commence running when the successor is first required to recognize and bargain with the union rather than when the parties have their first bargaining session. Accordingly, Member Miscimarra would grant review and find that the petition warrants an election. Copy with citationCopy as parenthetical citation