Washington DC- The Acting Regional Director Nancy Wilson in Region 5 of National Labor Relations Board has issued a decision in Case 05-RC-220538 noting: On May 18, 2018, the Law Enforcement Officers Security Unions LEOSU-DC, LEOS-PBA (the Petitioner) filed a petition to represent certain employees of Whelan Security Co. (the Employer). The petition seeks a bargaining unit of "all regular full-time and regular part-time armed sergeants performing guard duties as defined in Section 9(b)(3) of the National Labor Relations Act, employed by the employer at [the International Monetary Fund, 700 1911' Street, NW, Washington DC]," but excluding "all office clerical employees, professional employees, security officers and 2(11) supervisors as defined by the Act."
The Employer and the Service Employees International Union, Local 32BJ (the Interested Party) claim the proposed unit consists of statutory supervisors, and that even if it does not, then it falls within the unit already covered by a collective bargaining agreement between them, barring the petition and rendering the Petitioner's showing of interest insufficient.
"I have considered the evidence and arguments presented by the parties, and for the reasons described below, I conclude that the evidence is insufficient to prove supervisory status for sergeants, contract bar, or the inappropriateness of the petitioned-for unit. I also conclude that sergeants are guards as defined by the Act. As such, I am directing an election in this matter".
"This is an unprecedented setting case in regards to allowing the sergeants at the International Monetary Fund IMF to unionize despite several attempts in the past by the LEOSU-DC with their previous employer Allied Universal who have continually claimed these sergeants were 2/11 supervisors and were prohibited from unionizing. Noted Organizing Director Steve Maritas."This was a very tough case whereby we had to take on not only the employer Whelan Security, but SEIU Local 32 BJ who was an interested party in this case who was seeking us LEOSU-DC from unionizing this particular group".Noted Maritas. You can read the full NLRB decision here.