NLRB Rules in Favor of United Federation LEOS-PBA Paragon Lt's & LSO @ NIH Can Join Our Union
The National Labor Relations Board NLRB has ruled that the Law Enforcement Officers Security Unions LEOSU-DC, United Federation LEOS-PBA can in fact represent the Paragon Systems Inc Lt and Lead Security Officers working @ NIH. In its ruling the NLRB ordered that their was no contract bar to an election and that find that there is insufficient evidence establishing that the petitioned-for lieutenants and LSOs are supervisors within the meaning of Section 2(11) of the Act.
DECISION AND DIRECTION OF ELECTION - Paragon Systems, Inc. September 8, 2021
Paragon Systems, Inc. (the Employer) is engaged in the business of providing physical security services at various institutions throughout the United States, including at certain facilities of the National Institutes of Health (the NIH), located in the state of Maryland. The Law Enforcement Officers Security Unions (LEOSU-DC), a Division of the Law Enforcement Officers Security Union (LEOSU), Affiliated with the Law Enforcement Officers Security & Police Benevolent Association (LEOS-PBA) (the Petitioner), filed the instant petition with the National Labor Relations Board (Board) under Section 9(c) of the National Labor Relations Act (Act), on July 16, 2021,2 seeking to represent all full-time and regular part-time lieutenants and lead security officers3 performing guard duties as defined in Section 9(b)(3) of the Act, employed by the Employer at various NIH facilities throughout the state of Maryland. This petitioned-for unit, consisting of approximately 50 employees, is currently represented by the International Union, and its Local 466 (the Intervenor). There is a contract, herein referred to as the contract or CBA, in effect between the Employer and the Intervenor covering the petitioned-for employees, effective from November 1, 2018 through September 30, 2021.
The issues in this proceeding are whether there is a contract bar precluding the processing of the petition, and whether the petitioned-for employees are supervisors under the Act. The Intervenor claims that because the petitioned-for employees work at various NIH facilities, and that the NIH is health care institution, the period for filing should be the 120-90-day period before the expiration of the contract. Under the Intervenor’s argument, the Petitioner did not file during this window period, and therefore, the petition is barred by the CBA. The Intervenor further asserts that lieutenants and LSOs have the authority to discipline, assign work to employees, responsibly direct employees, and to adjust employee grievances or effectively recommend the adjustment of grievances and, thus, are statutory supervisors. In contrast, the Petitioner contends that the window period used for health care institutions is inapplicable here because the Employer is not a health care institution under Section 2(14) of the Act. Accordingly, the Petitioner argues that the petition is timely filed and not barred by the current CBA. Moreover, the Petitioner maintains that the petitioned-for employees do not possess any statutory indicia and are employees. The Employer did not take any position on these issues. The Intervenor and the Petitioner agree that if an election were to be directed, it should be conducted by mail. The Employer did not take a position regarding the method of election.
A hearing officer of the Board heard this case by videoconference on August 6, during which the parties entered into several stipulations.6 The Intervenor and Petitioner filed post-hearing briefs. Based on the entire record, and in considerations of the parties’ arguments and briefs, and relevant Board law, I have determined that there is no contract bar precluding proceeding on the instant petition. I further find that there is insufficient evidence establishing that the petitioned-for lieutenants and LSOs are supervisors within the meaning of Section 2(11) of the Act.
The United Federation LEOS-PBA now represents more Paragon Systems Inc protective service officers PSO's than any other security union nationwide. Representing California, Kentucky, Pennsylvania, New York City, New York State, North Carolina, South Carolina, and Washington DC Capital region just to name a few.