UNIVERSAL PROTECTION SERVICE, LLC D/B/A ALLIED UNIVERSAL SECURITY SERVICES

National Labor Relations Board - Board Decisions

Apr 3, 2018

25-CA-201680 (N.L.R.B. Apr. 3, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNIVERSAL PROTECTION SERVICE, LLC
d/b/a ALLIED UNIVERSAL SECURITY SERVICES
and Case 25-CA-201680
INTERNATIONAL UNION, SECURITY, POLICE
AND FIRE PROFESSIONALS OF AMERICA (SPFPA)
DECISION AND ORDER
Statement of the Case
On January 5, 2018, Universal Protection Service, LLC d/b/a Allied Universal
Security Services (the Respondent), Charging Party International Union, Security, Police
and Fire Professionals of America (SPFPA) (the Union), 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 parties
waived their rights to contest the entry of a consent judgment or to receive further notice of
the application therefor.
The National Labor Relations Board has delegated its authority in this proceeding to
a three-member panel.
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
Findings of Fact
1. The Respondent’s business
(a) The Respondent is a Delaware limited liability company with an office and place
of business in Burns Harbor, Indiana (the Respondent’s facility), and has been engaged in
providing security services.
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(b) In conducting its business operations at the Respondent’s facility during the 12-
month period ending December 21, 2017, the Respondent performed services valued in
excess of $50,000 in States other than the State of Indiana.
(c) The Respondent is now, and has been at all material times, an employer
engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act.
2. The labor organization involved
The Union is a labor organization within the meaning of Section 2(5) of the 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 Respondent, Universal Protection Service,
LLC d/b/a Allied Universal Security Services, Burns Harbor, Indiana, its officers, agents,
successors and assigns, shall
1. Cease and desist from
(a) Refusing to bargain collectively with International Union, Security, Police and Fire
Professionals of America (SPFPA) as the exclusive representative of the following unit:
All full-time and regular part time Security Officers, Pass Control Officers, Emergency
Response Officers, Dispatch Officers, Reception Officers, Hot Works Officers and
Special Operations Officers employed by the Employer at the Arcelor Mittal, Burns
Harbor, Indiana facility; BUT EXCLUDING all office clerical employees, professional
employees, confidential employees, Non-Security Officers, Site Managers, Patrol
Captains, Captains, Lieutenants, managers, and supervisors as defined in the Act,
and all other employees.
(b) Unreasonably delaying and/or refusing to provide the Union with information that
is relevant and necessary to its role as the bargaining representative for bargaining unit
employees.
(c) Disciplining employees, which consists of suspensions and
removals/terminations, without providing the Union with notice and an opportunity to
bargain about the discipline.
(d) In any like or related manner, interfering with, restraining or coercing employees
in the exercise of the rights guaranteed to them under Section 7 of the Act.
2. Take the following affirmative action necessary to effectuate the policies of the
Act.
(a) Bargain in good faith with the Union as the exclusive collective-bargaining
representative of the bargaining unit employees.
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(b) Within fourteen (14) days from the date of the Board’s Order, rescind the March
2017 suspensions of Frank Evans and the May 11, 2017 removal of Frank Evans and the
May 15, 2017 removal of Richard Bartok, Jr. from the Burns Harbor, Indiana facility.
(c) Within fourteen (14) days from the date of the Board’s Order, remove from the
Respondent’s files any reference to the March 2017 suspensions and the May 11, 2017
removal of Frank Evans from the worksite and within 3 days thereafter, notify him, in
writing, that this was done and that the suspensions and removal from the worksite will not
be used against him in any way.
(d) Within fourteen (14) days from the date of the Board’s Order, remove from the
Respondent’s files any reference to the May 15, 2017 removal of Richard Bartok, Jr. from
the worksite, and within 3 days thereafter, notify him, in writing, that this was done and that
the discipline will not be used against him in any way.
(e) Within 14 days from the date of the Board’s Order, offer Frank Evans and
Richard Bartok, Jr. full reinstatement to their former jobs at the Burns Harbor site, without
prejudice to their seniority or any other rights or privileges previously enjoyed.
(f) Make whole the following employees for any loss of pay they may have suffered
by reason of their suspensions and/or discharge without first notifying the Union and
affording the Union an opportunity to bargain over such discipline, by payment to them of
the amounts set forth opposite their respective names:
Backpay Interest Total
Frank Evans $13,903 $215 $14,118
Richard Bartok, Jr. $10,064 $132 $10,196
(g) Make whole the above-named employees for any additional loss of pay caused
by the Respondent’s failure, if any, to reinstate them in accordance with the agreed upon
date, by payment to them of the respective amounts that they would have earned if
properly reinstated, from the agreed upon date of December 18, 2017 to the date of a
proper offer of reinstatement, less their net earnings during such period, said amounts to
be computed with interests on a quarterly basis.
(h) Provide the Union with the information requested in items 3 through 10 of the
Union’s May 22, 2017 information request, except the information related to the non-unit
employees, without the necessity of making a new request.
(i) Within 14 days of service by the Region, post at its place of business in Burns
Harbor, Indiana, copies of the attached notice marked “Appendix A.” Copies of the notice,
on forms provided by Region 25, after being signed by the Respondent’s authorized
representative, shall be posted by the Respondent and maintained for 60 consecutive days
in the Fire House, Break Room, and Captain's Trailer. The Respondent will take
reasonable steps to ensure that the notices are not altered, defaced or covered by any
other material.
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(j) Within 21 days after service by the Region, file with the Regional Director for
Region 25 a sworn certificate of a responsible official on a form provided by the Region
attesting to the steps that the Respondent has taken to comply.
(k) Bargain in good faith with the Union regarding the discipline, if any, to be given
to Frank Evans for the events giving rise to the above-referenced suspensions and
removal.
(l) Bargain in good faith with the Union regarding the discipline, if any, to be given
to Richard Bartok, Jr. for the events giving rise to the above-referenced removal.
Dated, Washington, D.C., April 3, 2018
___________________________________
Marvin E. Kaplan, Chairman
___________________________________
Lauren McFerran, Member
___________________________________
William J. Emanuel, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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APPENDIX A
NOTICE TO 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 us 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 do anything to prevent you from exercising the above rights.
WE WILL NOT refuse to bargain in good faith with the International Union, Security, Police
and Fire Professionals of America (SPFPA), the Union, as the exclusive collective-
bargaining representative of our employees in the following appropriate unit:
All full-time and regular part time Security Officers, Pass Control Officers,
Emergency Response Officers, Dispatch Officers, Reception Officers, Hot Works
Officers and Special Operations Officers employed by the Employer at the Arcelor
Mittal, Burns Harbor, Indiana facility; BUT EXCLUDING all office clerical employees,
professional employees, confidential employees, Non-Security Officers, Site
Managers, Patrol Captains, Captains, Lieutenants, managers, and supervisors as
defined in the Act, and all other employees.
WE WILL NOT unreasonably delay in providing the Union with information that is relevant
and necessary to its role as your bargaining representative.
WE WILL NOT refuse to provide the Union with information that is relevant and necessary
to its role as your bargaining representative.
WE WILL NOT suspend and/or discharge you without providing the Union notice and an
opportunity to bargain about the discipline.
WE WILL NOT in any like or related manner interfere with your rights under Section 7 of
the Act.
WE WILL bargain in good faith with the Union as the exclusive collective-bargaining
representative of our unit employees including bargaining over discretionary discipline.
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WE WILL provide the Union with the information it requested in items 3 through 10 on May
22, 2017 except for the information related to non-bargaining unit employees.
WE WILL make Frank Evans whole for any loss of earnings and other benefits resulting
from our suspension and removal of him from the Burns Harbor, Indiana facility prior to
notifying the Union and bargaining with the Union regarding his suspensions and removal.
WE WILL make Richard Bartok, Jr. whole for any loss of earnings and other benefits
resulting from our removal of him from the Burns Harbor, Indiana facility prior to notifying
the Union and bargaining with the Union regarding his removal.
WE WILL remove from our files any reference to the March 2017 suspensions and May
11, 2017 removal of Frank Evans issued prior to bargaining with the Union and notify him
in writing that this has been done and that evidence of the suspensions and removal will
not be used against him in any way.
WE WILL remove from our files any reference to the May 15, 2017 removal of Richard
Bartok, Jr. issued prior to bargaining with the Union and notify him in writing that this has
been done and that evidence of the removal will not be used against him in any way.
WE WILL bargain in good faith with the Union regarding the discipline, if any, to be given
to Frank Evans for the events giving rise to the March 2017 suspensions and the May 11,
2017 removal of Mr. Evans from the Burns Harbor, Indiana worksite.
WE WILL bargain in good faith with the Union regarding the discipline, if any, to be given
to Richard Bartok, Jr. for the events giving rise to the May 15, 2017 removal of Mr. Bartok
from the Burns Harbor, Indiana worksite.
UNIVERSAL PROTECTION SERVICE, LLC
d/b/a ALLIED UNIVERSAL SECURITY SERVICES
The Board’s decision can be found at www.nlrb.gov/case/25-CA-201680 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.