Security Guards (Knight Protective Services)

National Labor Relations Board - Board Decisions

Oct 31, 2003

340 N.L.R.B. 998 (N.L.R.B. 2003)

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 998
United Union of Security Guards (Knight Protective
Services) and DeVera L. Bailey. Case 5–CB–
9510
October 31, 2003
DECISION AND ORDER
BY CHAIRMAN BATTISTA AND MEMBERS
SCHAUMBER AND WALSH
The General Counsel seeks a default judgment in this
case on the ground that the Respondent has failed to file
an answer to the complaint. Upon a charge filed by
DeVera L. Bailey (the Charging Party) on May 12, 2003,
the General Counsel issued the complaint on July 28,
2003, against United Union of Security Guards (the Un-
ion or Respondent), alleging that it has violated Section
8(b)(1)(A) of the Act. The Respondent failed to file an
answer.
On September 12, 2003, the General Counsel filed a
Motion for Default Judgment with the Board. On Sep-
tember 22, 2003, the Board issued an order transferring
the proceeding to the Board and a Notice 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 the 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 filed by August 11, 2003, all
the allegations in the complaint would be considered
admitted. Further, the undisputed allegations in the Gen-
eral Counsel’s motion disclose that the Region, by letter
dated August 27, 2003, notified the Respondent that
unless an answer was received by September 5, 2003, a
motion for default judgment would be filed.
In the absence of good cause being shown for the fail-
ure to file a timely answer, we grant the General Coun-
sel’s motion for default judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, Knight Protective Services, a
Maryland corporation, with an office and place of busi-
ness in Capitol Heights, Maryland, has been engaged in
the business of providing security services for govern-
mental agencies and businesses. During the 12-month
period preceding the issuance of the complaint, Knight
Protective Services, in conducting its business operations
described above, performed services valued in excess of
$50,000 in States outside the State of Maryland. We find
that Knight Protective Services is an employer engaged
in commerce within the meaning of Section 2(2), (6), and
(7) of the Act and that the Respondent is a labor organi-
zation within the meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
About November 18, 2002, by letter, the Respondent
advised its member, DeVera L. Bailey, that it was filing
formal charges against her, which would include fining
her, because she filed an unfair labor practice charge
with the Board and allegedly passed out union member-
ship cards for another union.
CONCLUSION OF LAW
By the acts and conduct described above, the Respon-
dent has been restraining and coercing the Charging
Party in the exercise of her rights under Section 7 of the
Act, and has thereby engaged in unfair labor practices
affecting commerce within the meaning of Section
8(b)(1)(A) and 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, we shall
order the Respondent to rescind any charges filed against
Bailey because she filed an unfair labor practice charge
with the Board, and to also rescind any fines imposed on
her for this reason or because she passed out membership
cards for another union.1 In addition, we shall order the
Respondent to refund the full amount of any such fines
paid by Bailey, with interest as set forth in New Horizons
for the Retarded, 283 NLRB 1173 (1987). We shall fur-
ther order the Respondent to remove from its files any
reference to the charges against Bailey for filing an un-
fair labor practice charge and the fines imposed on her
for this reason or for passing out membership cards for
another union, and to notify her in writing that this has
been done and that the foregoing charges and fines will
not be used against her in any way.2

1 Although we shall require the Respondent to rescind any fines im-
posed on Bailey for supporting another union, we shall not require the
Respondent to rescind any underlying charges filed against her for this
reason. See Molders Local 125 (Blackhawk Tanning Co.), 178 NLRB
208 (1969), enfd. 442 F.2d 92 (7th Cir. 1971) (union may not lawfully
fine, but may lawfully expel, a member for filing a decertification peti-
tion).
2 Member Walsh concurs in the grant of affirmative relief based on
the particular wording of the relevant complaint allegation. In cases
involving unlawful threats of future union discipline, the Board typi-
cally limits the remedy to a cease-and-desist order. E.g., Teamsters
340 NLRB No. 117
SECURITY GUARDS (KNIGHT PROTECTIVE SERVICES) 999
ORDER
The National Labor Relations Board orders that the
Respondent, United Union of Security Guards, Balti-
more, Maryland, its officers, agents, and representatives,
shall
1. Cease and desist from
(a) Advising members that it is filing formal charges
against them, which will include fining them, because
they filed unfair labor practice charges with the Board
and passed out union membership cards for another un-
ion.
(b) In any like or related manner restraining or coerc-
ing employees in the exercise of the rights guaranteed
them by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) Within 14 days from the date of this Order, rescind
any charges filed against DeVera L. Bailey because she
filed an unfair labor practice charge and any fines im-
posed on Bailey for this reason or because she passed out
membership cards for another union.
(b) Refund, with interest, any fines paid by Bailey that
were imposed because she filed an unfair labor practice
charge or passed out membership cards for another union.
(c) Within 14 days from the date of this Order, remove
from its files any reference to the charges against Bailey
for filing an unfair labor practice charge and the fines
imposed on her for this reason or for passing out mem-
bership cards for another union, and within 3 days there-
after notify her in writing that this has been done and that
the foregoing charges and fines will not be used against
her in any way.
(d) Preserve and, within 14 days of a request, or such
additional time as the Regional Director may allow for
good cause shown, provide at a reasonable place desig-
nated by the Board or its agents, all payroll records, so-
cial security payment records, timecards, personnel re-
cords and reports, and all other records, including an
electronic copy of such records if stored in electronic
form, necessary to analyze the amount of backpay due
under the terms of this Order.

Local 896 (Anheuser-Busch), 339 NLRB 769 (2003) (respondent
unlawfully threatened that members “could” be “open to internal
charges”); Chicago Truck Drivers (Unit Distribution), 305 NLRB
1028, 1029 (1991) (respondent unlawfully threatened that nonmembers
“will be subject to charges, trial, and fines”). By contrast, in this case,
according to the uncontested complaint allegation, the respondent ad-
vised the Charging Party that it “was filing formal charges against her,
which would include fining her.” (Emphasis added.) In these circum-
stances, Member Walsh finds that the Respondent’s conduct went
beyond threatening to take future action against the Charging Party and,
accordingly, more comprehensive relief is appropriate.
(e) Within 14 days after service by the Region, post at
its business office and meeting places copies of the at-
tached notice marked “Appendix.”3 Copies of the notice,
on forms provided by the Regional Director for Region
5, 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
and members are customarily posted. Reasonable steps
shall be taken by the Respondent to ensure that the no-
tices are not altered, defaced, or covered by any other
material.
(f) Within 14 days after service by the Region, sign
and return to the Regional Director sufficient copies of
the notice for posting by Knight Protective Services, if
willing, at all places where notices to employees are cus-
tomarily posted.
(g) Within 21 days after service by the Region, file
with the Regional Director a sworn certification of a re-
sponsible official on a form provided by the Region at-
testing to the steps that the Respondent has taken to
comply.

APPENDIX
NOTICE TO EMPLOYEES AND MEMBERS
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 vio-
lated 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 on your behalf
with your employer
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected
activities.

WE WILL NOT advise our members that we are filing
formal charges against them, which would include fining
them, because they filed unfair labor practice charges
with the Board and passed out union membership cards
for another union.
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 Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 1000
WE WILL NOT in any like or related manner restrain
or coerce you in the exercise of the rights guaranteed by
Section 7 of the Act.
WE WILL, within 14 days from the date of the
Board’s Order, rescind any charges filed against DeVera
L. Bailey because she filed an unfair labor practice
charge and any fines imposed on Bailey for this reason or
because she passed out membership cards for another
union.
WE WILL refund, with interest, any fines paid by Bai-
ley that were imposed because she filed an unfair labor
practice charge or passed out membership cards for an-
other union.
WE WILL, within 14 days from the date of the
Board’s Order, remove from our files any reference to
the charges against Bailey for filing an unfair labor prac-
tice charge and the fines imposed on her for this reason
or for passing out membership cards for another union,
and WE WILL, within 3 days thereafter, notify her in
writing that this has been done and that the foregoing
charges and fines will not be used against her in any way.

UNITED UNION OF SECURITY GUARDS