Paragon Systems, Inc.

National Labor Relations Board - Board Decisions

Nov 29, 2019

368 N.L.R.B. 125 (N.L.R.B. 2019)

368 NLRB No. 125
NOTICE: This opinion is subject to formal revision before publication in the
bound volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes.
Paragon Systems, Inc. and Committee for Fair and
Equal Representation (CFER Union). Case 13–
CA–241354
November 29, 2019
DECISION AND ORDER
BY CHAIRMAN RING AND MEMBERS KAPLAN
AND EMANUEL
The General Counsel seeks a default judgment in this
case on the ground that Paragon Systems, Inc. (the Re-
spondent) has failed to file an answer to the complaint.
Upon a charge filed by Committee for Fair and Equal Rep-
resentation (CFER Union) (the Union) on May 13, 2019,
the General Counsel issued a complaint and notice of hear-
ing on August 1, 2019 alleging that the Respondent has
violated Section 8(a)(5) and (1) of the Act. The Respond-
ent failed to file an answer.
On September 18, 2019, the General Counsel filed with
the National Labor Relations Board a Motion for Default
Judgment. On September 20, 2019, the Board issued an
order transferring the proceeding to the Board and a No-
tice to Show Cause why the motion should not be granted.
The Respondent filed no response. The allegations in the
motion are therefore undisputed.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on Motion for Default Judgment
Section 102.20 of the Board’s Rules and Regulations
provides that the allegations in a complaint shall be
deemed admitted if an answer is not filed within 14 days
from service of the complaint, unless good cause is shown.
In addition, the complaint affirmatively stated that unless
an answer was received on or before August 15, 2019, the
Board may find, pursuant to a motion for default judg-
ment, that the allegations in the complaint are true. Fur-
ther, the undisputed allegations in the General Counsel’s
motion disclose that the Region, by letter dated August 29,
2019, advised the Respondent that unless an answer was
received by September 5, 2019, the Region would pursue
a default judgment. Nevertheless, the Respondent failed
to file an answer.
In the absence of good cause being shown for the failure
to file an answer, we deem the allegations in the complaint
to be admitted as true, and we grant the General Counsel’s
Motion for Default Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent has been an Ala-
bama corporation with an office and place of business in
Chicago, Illinois (the Chicago facility), and has been en-
gaged in providing security guard services at various fed-
eral government facilities throughout the United States of
America.
During the calendar year ending December 31, 2018,
the Respondent, in conducting its operations described
above, performed services valued in excess of $50,000 in
states other than the State of Illinois.
We find that the Respondent is an employer engaged in
commerce within the meaning of Section 2(2), (6), and (7)
of the Act and that the Union is a labor organization within
the meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
At all material times, Laura Hagan has held the position
of the Respondent’s Vice President/General Counsel and
has been a supervisor of the Respondent within the mean-
ing of Section 2(11) of the Act and an agent of the Re-
spondent within the meaning of Section 2(13) of the Act.
The following employees of the Respondent (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 as-
signed by the Respondent to the federal buildings in the
state of Illinois pursuant to the Respondent’s Contract
No. HSHQE5-14-D-00001 (the “DHS/FPS Contract”)
with the U.S. Department of Homeland Security/Federal
Protective Service, and its successor(s), for the provision
of security services at said facilities, but excluding all
managers, supervisors, assistant supervisors, sergeants,
lieutenants, captains, office and/or clerical employees,
and all other employees of the Respondent.
At all material times, the Respondent has recognized the
Union as the exclusive collective-bargaining representa-
tive of the unit. This recognition has been embodied in
successive collective-bargaining agreements, the most re-
cent of which is effective from November 16, 2017,
through December 21, 2020.
At all material times, based on Section 9(a) of the Act,
the Union has been the exclusive collective-bargaining
representative of the unit.
Since about April 3, 2019, the Union has requested in
writing that the Respondent furnish it with the following
information:
(1) Copies of all emails between the Respondent and
Federal Protective Services regarding Kim Washington,
Jesse Allen, Julio Barrera, Latricia Thompson, Exell
2 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Owens, Bernard Laramore, Will Davis, and Viesha Young
allegedly failing a covert test; and
(2) Dates Kim Washington, Jesse Allen, Julio Barrera,
Latricia Thompson, Ezell Owens,1 Bernard Laramore,
Will Davis, and Viesha Young were removed from bid
posts for allegedly failing the covert test.
The information requested by the Union, as described
above, is necessary for, and relevant to, the Union’s per-
formance of its duties as the exclusive collective-bargain-
ing representative of the unit.
Since April 3, 2019, the Respondent has failed and re-
fused to furnish the Union with the requested information
described above.
CONCLUSION OF LAW
By the conduct described above, the Respondent has
been failing and refusing to bargain collectively and in
good faith with the exclusive collective-bargaining repre-
sentative of its employees in violation of Section 8(a)(5)
and (1) of the Act. The Respondent’s unfair labor practice
described above affects commerce within the meaning of
Section 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has engaged in cer-
tain unfair labor practices, we shall order it to cease and
desist and to take certain affirmative action designed to
effectuate the policies of the Act. Specifically, having
found that the Respondent violated Section 8(a)(5) and (1)
of the Act by failing and refusing to provide the Union
with requested information that is necessary and relevant
to the Union’s performance of its duties as the exclusive
collective-bargaining representative of the unit employ-
ees, we shall order the Respondent to provide the Union
with the information it requested since about April 3,
2019.
ORDER
The National Labor Relations Board orders that the Re-
spondent, Paragon Systems, Inc., Chicago, Illinois, its of-
ficers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Refusing to bargain collectively with the Committee
for Fair and Equal Representation (CFER Union) (the Un-
ion) by failing and refusing to furnish it with requested in-
formation that is relevant and necessary to the Union’s
performance of its functions as the collective-bargaining
representative of the Respondent’s unit employees.
(b) In any like or related manner interfering with, re-
straining, or coercing employees in the exercise of the
rights guaranteed them by Section 7 of the Act.

1 In the complaint, Owens’ first name is spelled alternately as “Exell”
or “Ezell.” The spelling has no impact on the conclusion or remedy.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) Furnish to the Union in a timely manner the infor-
mation requested since about April 3, 2019.
(b) Within 14 days after service by the Region, post at
its Chicago, Illinois facility copies of the attached notice
marked “Appendix.” Copies of the notice, on forms pro-
vided by the Regional Director for Region 13, 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.
In addition to physical posting of paper notices, notices
shall be distributed electronically, such as by email, post-
ing on an intranet or an internet site, and/or other elec-
tronic means, if the Respondent customarily communi-
cates with its employees by such means. Reasonable steps
shall be taken by the Respondent to ensure that the notices
are not altered, defaced, or covered by any other material.
If 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 em-
ployed by the Respondent at any time since August 13,
2018.
(c) Within 21 days after service by the Region, file with
the Regional Director for Region 13 a sworn certification
of a responsible official on a form provided by the Region
attesting to the steps that the Respondent has taken to com-
ply.
Dated, Washington, D.C. November 29, 2019
______________________________________
John F. Ring, Chairman
_____________________________________
Marvin E. Kaplan, Member
_____________________________________
William J. Emanuel, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
PARAGON SYSTEMS, INC. 3
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 vi-
olated 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 bene-
fit and protection
Choose not to engage in any of these protected ac-
tivities.
WE WILL NOT refuse to bargain collectively with Com-
mittee for Fair and Equal Representation (CFER Union)
(the Union) by refusing to furnish it with requested infor-
mation that is relevant and necessary to the Union’s per-
formance as the collective-bargaining representative of
our unit employees.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
listed above.
WE WILL promptly furnish to the Union the information
it requested on April 3, 2019.
PARAGON SYSTEMS, INC.
The Board’s decision can be found at
http://www.nlrb.gov/case/13-CA-241354 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.