LEOSU Wins Again as the NLRB Issues a Decision & Direction of Election for 351 Paragon System In
Los Angeles, California 7/31/2020 - Despite many legal arguments by the Intervenor's legal counsel the National Labor Relations Board (NLRB) has issued a DECISION AND DIRECTION OF ELECTION in favor of the Law Enforcement Officers Unions LEOSU-CA, LEOS-PBA on behaf of 351 Paragon Systems, Inc security officers working at various DHS/FPS federal buildings in Los Angeles, Orange County and surrounding areas.
Law Enforcement Officers Security Unions LEOSU-CA, LEOS-PBA (“Petitioner”) seeks, by the instant petition, to represent a bargaining unit (“Unit”) of approximately 351 security guards employed by Paragon Systems Inc. (“Employer”), and currently represented by the International Union, Security, Police and Fire Professionals of America, (SPFPA) and its affiliated Local 3 (“Intervenors”). The employees in the Unit are employed at certain federal facilities in Los Angeles and Orange County, California, and surrounding areas where the Employer provides security pursuant to contracts with the United States Department of Homeland Security.
A Hearing Officer of the National Labor Relations Board (“Board”) held a hearing in this matter on July 15, 2020. At the hearing, the parties stipulated to the labor organization status of the Petitioner and of the Intervenors, jurisdiction, the scope and composition of the Unit, and the method of election. The Intervenors declined to enter into an election agreement, necessitating a hearing, due to their continuing opposition to the petition on procedural grounds.
On July 7, 2020, after intervenor status was granted, the Intervenors filed a Statement of Position and Motion to Dismiss the Petition (“Motion to Dismiss”). By their Motion to Dismiss the Intervenors contend that the petition in this matter should be dismissed because the petition was filed in the wrong Regional Office, and because the petition is procedurally defective. On July 9, 2020, I issued an Order Denying Intervenor’s Motion to Dismiss Petition (“Order Denying”), reviewing the circumstances surrounding the instant petition, addressing the Intervenors’ allegations, and rejecting their contention that the petition must be dismissed.
At the hearing and in their post-hearing brief, the Intervenors reiterated their position that the petition must be dismissed as being procedurally defective. Also, the Petitioner filed a post-hearing brief stating that the Intervenors’ arguments about the petition in this case should be rejected. I have considered the arguments of both labor organizations, and I maintain my position that the motion to dismiss the petition in this case is denied. Accordingly, I am directing an election in the petitioned-for Unit.
CONCLUSIONS I have considered the record evidence and the arguments of the parties, and I conclude that it is appropriate to hold an election among the employees in the petitioned-for Unit.
LEOSU Organizing Director Steve Maritas noted "that the NLRB made the right decision in ordering a Direction of Election on behalf of these 351 Los Angeles California Paragon Systems, Inc officers" and we are very excited to finally have these Paragon officers voices heard.
The LEOSU is also waiting for another NLRB decision involving another Paragon Systems, Inc unit in Riverside, California and in September we are also about to file for another 300 Paragon Systems group in San Diego, Riverside and San Bernardino California.
The Law Enforcement Officers Security Unions LEOSU-CA also wishes to acknowledge Jonathan G. Axelrod of the law firm Beins, Axelrod, P.C.1717 K Street NW. Suite 1120 Washington, DC 20006 Telephone: 202-328-7222 ext 223 Telecopier: 202-328-7030 for representing us in these NLRB hearings.