Quality Investigations, Inc. d/b/a QI Security

National Labor Relations Board - Unpublished Board Decisions

Nov 25, 2015

05-RC-144753 (N.L.R.B. Nov. 25, 2015)

1
NOT TO BE INCLUDED PHMc
IN BOUND VOLUMES Washington, DC
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
QUALITY INVESTIGATION, INC. D/B/A QI SECURITY
Employer
and Case 05-RC-144753
NATIONAL ALLIANCE OF LAW ENFORCEMENT
OFFICERS (NALEO)
Petitioner
and
INTERNATIONAL UNION, SECURITY, POLICE AND
FIRE PROFESSIONALS OF AMERICA (SPFPA)
Intervenor 1
and
UNITED SECURITY AND POLICE OFFICERS OF AMERICA
(USPOA)
Intervenor 2
DECISION AND CERTIFICATION OF REPRESENTATIVE
The National Labor Relations Board, by a three-member panel, has considered objections
to a mail ballot election held between March 2 and March 16, 2015, and the Regional Director’s
corrected supplemental report recommending disposition of them.1 The election was conducted

1 On April 3, 2015, the Regional Director issued a report recommending overruling USPOA’s
objections because no evidence was submitted in support the objections. On exception, USPOA
contended that it had electronically filed its evidence in support of its objections, and filed with
its exceptions a copy of the evidence it claimed it previously submitted. On April 27, 2015, the
Regional Director issued a supplemental report considering the evidence submitted along with
USPOA’s exceptions and, finding the evidence was relevant only to Objection 2, overruled that
objection on the merits and reaffirmed that Objections 1 and 3 were overruled due to the absence
of any supporting evidence. On September 3, 2015, the Regional Director issued a corrected
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pursuant to a Stipulated Election Agreement. The tally of ballots shows 18 for the Petitioner
(“NALEO”), 8 for Intervenor 1 (“SPFPA”), 3 for Intervenor 2 (“USPOA”), and none against
representation. There were no challenged ballots.
The Board has reviewed the record in light of the exceptions and briefs, has adopted the
Regional Director’s findings2 and recommendations,3 and finds that a certification of
representative should be issued.
CERTIFICATION OF REPRESENTATIVE
IT IS CERTIFIED that a majority of the valid ballots have been cast for National
Alliance of Law Enforcement Officers (NALEO) and that it is the exclusive collective-
bargaining representative of the employees in the following appropriate unit:
All full-time and regular part-time protective service officers employed by the Employer
at the United States Federal Aviation Administration (800 Independence Avenue, S.W.,
Washington, D.C. 20024 and 600 Independence Avenue, S.W., Washington, D.C. 20597)
and the United States Department of Transportation (1200 New Jersey Avenue, S.E.,
Washington, D.C. 20597), but excluding all other employees, professional employees,
managerial employees, and supervisors as defined in the Act.
Dated, Washington, D.C., November 25, 2015.
________________________________
Mark Gaston Pearce, Chairman

supplemental report noting that the previously issued supplemental report contained incorrect
appeal language.
2 On exception to the corrected supplemental report, USPOA contends that the Board should
consider new evidence submitted in support of its Objection 1, which alleges that ballots were
not issued to all eligible voters. The new evidence consists of a document, purportedly signed by
17 employees on September 15 and 16, stating that these employees never received mail ballots
or any other information about the election, and therefore could not participate in the election.
USPOA does not dispute the Regional Director’s finding that it previously failed to submit any
evidence in support of this objection, and it has not provided any explanation for the untimely
submission of evidence. Accordingly, consideration of this evidence is not warranted.
3 In the absence of exceptions, we adopt pro forma the Regional Director’s recommendations to
overrule USPOA’s Objections 2 and 3.
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________________________________
Kent Y. Hirozawa, Member
________________________________
Lauren McFerran, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD