United Government Security Officers of America, Local 171 (Paragon Systems, Inc.)

National Labor Relations Board - Unpublished Board Decisions

Aug 20, 2020

22-CB-212804 (N.L.R.B. Aug. 20, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED GOVERNMENT SECURITY
OFFICERS OF AMERICA, LOCAL 171
(PARAGON SYSTEMS, INC.)
and Cases 22-CB-212804
22-CB-227442
UNITED GOVERNMENT SECURITY 22-CB-239422
OFFICERS OF AMERICA
INTERNATIONAL UNION
and
ANDREI BOBEV
and
WILLIAM SONA
DECISION AND ORDER
Statement of the Cases
On December 10, 2019, Respondents United Government Security Officers of
America, Local 171 and United Government Security Officers of America International
Union, Charging Parties Andrei Bobev and William Sona, and the General Counsel of
the National Labor Relations Board entered into a Formal Settlement Stipulation,
subject to the Board’s approval, providing for the entry of a consent order by the Board
and a consent judgment by any appropriate United States Court of Appeals. The
parties waived all further and other proceedings before the Board to which they may be
entitled under the National Labor Relations Act and the Board’s Rules and Regulations,
and the Respondents waived their right to contest the entry of a consent judgment or to
receive notice of the application therefor.
The Formal Settlement Stipulation is approved and made a part of the record,
and the proceeding is transferred to and continued before the Board in Washington,
D.C., for the entry of a Decision and Order pursuant to the provisions of the Formal
Settlement Stipulation.
Based on the Formal Settlement Stipulation and the entire record, the Board
makes the following
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Findings of Fact
1. The Employer’s business
At all material times since December 1, 2017, Paragon Systems, Inc. (the
Employer) has been a corporation with locations throughout the United States, including
an office and place of business at the Martin Luther King, Jr. Federal Building and U.S.
Courthouse located at 50 Walnut Street, Newark, New Jersey, where it has been
engaged in providing security services.
In conducting its operations annually, the Employer performs services valued in
excess of $50,000 in States other than New Jersey.
At all material times, the Employer has been an employer engaged in commerce
within the meaning of Section 2(2), (6), and (7) of the Act.
2. The labor organizations involved
At all material times, United Government Security Officers of America, Local 171
and United Government Security Officers of America International Union have been
labor organizations within the meaning of Section 2(5) of the Act.
3. The appropriate unit
At all material times, the Respondents have been the exclusive collective-
bargaining representative of the following employees of the Employer (the unit):
All full-time and shared position Federal Court Security Officers (CSOs), Federal
Special Security Officers (SSOs), Lead Federal Court Security Officers (LCSOs)
and Lead Special Security Officers (LSSOs) employed by the Employer in the
3rd Circuit consisting of UGSOA Local 171, in the District of the State of New
Jersey in the following cities of Camden, Newark and Trenton, excluding all other
employees including office clerical employees and professional employees as
defined in the National Labor Relations Act.
ORDER
Based on the above findings of fact, the Formal Settlement Stipulation, and the
entire record, and pursuant to Section 10(c) of the National Labor Relations Act, the
National Labor Relations Board orders that the Respondents, United Government
Security Officers of America, Local 171 and United Government Security Officers of
America International Union, their officers, agents, and representatives, shall:
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1. Cease and desist from
(a) Threatening to cause the Employer to discharge bargaining unit employees
for failure to pay dues and/or service fees as a condition of employment at a time when
no valid union-security agreement is in effect.
(b) Threatening to enforce the Respondents’ by-laws and constitution against
non-members by threatening to institute civil proceedings to collect dues and/or service
fees.
(c) Attempting to enforce the Respondents’ by-laws and constitution against
non-members through civil proceedings.
(d) In any other manner, interfering with, restraining, or coercing employees in
the exercise of their rights under Section 7 of the National Labor Relations Act, as
amended.
2. Take the following affirmative action necessary to effectuate the policies of the Act.
(a) Promptly withdraw the civil lawsuit referred to in paragraphs 6(d) and 6(e) of
the Re-Issued First Amended Consolidated Complaint, filed against Andrei Bobev.
(b) Promptly purge from the Respondents’ internal union files and records any
reference to the civil lawsuit, referred to in paragraphs 6(d) and 6(e) of the Re-Issued
First Amended Consolidated Complaint, filed against Andrei Bobev.
(c) Promptly notify Andrei Bobev that the civil proceedings initiated against him
have been withdrawn, and that the Respondents’ internal union files and records have
been purged of any references to such proceedings.
(d) Promptly make whole employees William Sona, Steven Tobias, Deborah
Arrington, Michael Ciavola, Robin LaRosa, Rafael Morales Sr., and Tyrone Reynolds for
dues and fees collected from them when no valid union-security agreement was in
effect, by payment to each of them in the amount opposite each name in Tables 1 and 2
below.
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TABLE 1
Name Local 171
Dues and Fees
Interest Total
William Sona $382.00 $32.00 $414.00
Steven Tobias $382.00 $32.00 $414.00
Deborah Arrington $382.00 $32.00 $414.00
Michael Ciavola $382.00 $32.00 $414.00
Robin LaRosa $382.00 $32.00 $414.00
Rafael Morales Sr. $382.00 $32.00 $414.00
Tyrone Reynolds $382.00 $32.00 $414.00
TABLE 2
Name International
Union Dues
and Fees
Interest Total
William Sona $92.00 $8.00 $100.00
Steven Tobias $258.00 $20.00 $278.00
Deborah Arrington $276.00 $22.00 $298.00
Michael Ciavola $55.00 $6.00 $61.00
Robin LaRosa $276.00 $22.00 $298.00
Rafael Morales Sr. $258.00 $20.00 $278.00
Tyrone Reynolds $258.00 $20.00 $278.00
(e) Promptly purge from the Respondents’ internal union files and records any
reference to Andrei Bobev and William Sona, and any other non-member employees of
the Employer, being delinquent or failing to submit dues and fees at a time when no
valid union-security agreement was in effect.
(f) Promptly rescind any requests that the Employer enforce a union-security
agreement against William Sona and any other non-member employees for failure to
pay dues and fees during a time when no valid union-security agreement was in effect.
(g) Promptly purge from the Respondents’ internal union files and records any
reference to requests that the Employer enforce a union-security agreement for failure
to pay dues and fees during a time when no valid union-security agreement was in
effect.
3. Take the following additional affirmative action necessary to effectuate the policies of
the Act.
(a) Within 14 days of service by the Region:
(i) Post on the Union bulletin board at the Employer’s 50 Walnut Street,
Newark, New Jersey location and on the Union bulletin board at the Employer’s 2
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Federal Square, 4th Floor, Newark, New Jersey location (collectively “Newark
locations”), copies of the attached notice marked as Appendix A.1
(ii) Copies of the notice, on forms provided by the Regional Director for
Region 22, after being signed by the Respondents’ authorized representatives, shall be
posted by the Respondents and maintained for 60 consecutive days in conspicuous
places on the Union bulletin boards at the Employer’s Newark locations, including all
places where notices to bargaining unit employees are customarily posted.
(iii) The Respondents will also copy and mail, at their own expense, a
copy of the notice to all current and former bargaining unit employees who were
employed by the Employer at any time since December 1, 2017.
(iv) Sign and return to the Regional Director sufficient copies of the notice
for posting by the Employer (Paragon Systems, Inc.), if willing, at the Employer’s
facilities located at 50 Walnut Street, Newark, New Jersey and 2 Federal Square, 4th
Floor, Newark, New Jersey, including all places where notices to bargaining unit
employees are customarily posted.
(v) The Respondents will take reasonable steps to ensure that the notices
are not altered, defaced, or covered by any other material.
(b) Within 21 days after service by the Region, file with the Regional Director
sworn certifications of responsible officials on a form provided by the Region attesting to
the steps the Respondents have taken to comply. The Regional Director shall be
supplied a copy of the documents signed by officers, agents, or representatives of the
Respondents attesting to the dates that the notices were posted at the Employer’s 50
Walnut Street, Newark, New Jersey and 2 Federal Square, 4th Floor, Newark, New
Jersey locations, and the locations where the notices were posted.
Dated, Washington, D.C., August 20, 2020.
_____________________________________
John F. Ring, Chairman
_____________________________________
Marvin E. Kaplan, Member
_____________________________________
William J. Emanuel, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
1 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.”
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APPENDIX A
NOTICE TO MEMBERS AND EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
PURSUANT TO A STIPULATION PROVIDING
FOR A BOARD ORDER AND A CONSENT JUDGMENT
OF ANY APPROPRIATE UNITED STATES COURT OF APPEALS
FEDERAL LAW GIVES YOU THE RIGHT TO:
Form, join, or assist a union;
Choose a representative to bargain with your employer 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 restrain or coerce you in the exercise of the above rights.
WE WILL NOT threaten to cause your employer to discharge you for failure to pay dues
and/or service fees as a condition of employment at a time when no valid union-security
agreement is in effect.
WE WILL NOT threaten to enforce our by-laws and constitution against non-members
by threatening to institute civil proceedings to collect dues and/or service fees.
WE WILL NOT attempt to enforce our by-laws and constitution against non-members
through civil proceedings.
WE WILL NOT in any other manner interfere with, restrain, or coerce you in the
exercise of your rights under Section 7 of the Act.
WE WILL promptly purge from our internal files and records any reference to the civil
proceedings that the United Government Security Officers of America, Local 171 filed
on October 12, 2018 against Andrei Bobev, a non-member, to collect dues and/or
service fees.
WE WILL promptly notify Andrei Bobev that our internal union files and records have
been purged of any reference of such proceedings.
WE WILL promptly make whole William Sona and any other non-member who
submitted dues and fees to the Unions at a time when no valid union-security
agreement was in effect.
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WE WILL promptly purge from our internal files and records any reference to Andrei
Bobev and William Sona, and any other non-member employees, being delinquent or
failing to submit dues and fees at a time when no valid union-security agreement was in
effect.
WE WILL promptly rescind any requests that the Employer (Paragon Systems, Inc.)
enforce a union-security agreement for failure to pay dues and fees during a time when
no valid union-security agreement was in effect.
WE WILL promptly purge from our internal files and records any reference to requests
that the Employer (Paragon Systems, Inc.) enforce a union-security agreement for
failure to pay dues and fees during a time when no valid union-security agreement was
in effect.
UNITED GOVERNMENT SECURITY OFFICERS OF
AMERICA, LOCAL 171
Dated: _____________ By: ______________________________________________
(Representative) (Title)
UNITED GOVERNMENT SECURITY OFFICERS OF
AMERICA INTERNATIONAL UNION
Dated: _____________ By: ______________________________________________
(Representative) (Title)
The Board’s decision can be found at www.nlrb.gov/case/22-CB-212804 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 St., S.E., Washington, D.C.
20570, or by calling (202) 273-1940.