25510 Kelly Road, Roseville, MI 2/2/2024 - The new year 2024 has just started and already SPiT-FA is in a tailspin as it made its decision to disclaim interest in a unit it had represented for many years in Colorado vs going head to head in an NLRB ordered decision and direction of an election with our Union, United Federation LEOS-PBA Law Enforcement Officers Security & Police Benevolent Association.
INTRODUCTION:
The United Federation of LEOS-PBA Law Enforcement Officers Security & Police Benevolent Association (Petitioner or LEOS) filed the petition in the instant case on May 15, 2023, seeking to represent certain employees of “The Whitestone Group, Inc.” (Whitestone). The petitioned-for unit is: “All full-time and regular part-time Security Officers performing guard duties as defined in section 9(b)(3) of the National Labor Relations Act, employed by the Employer @ Department of Energy (DOE), Western Area Power Administration (WAPA), Federal Facilities located at 555 East Crossroads Boulevard, Loveland, CO 80538” and excluding “All office clerical employees, professional employees and supervisors as defined by the Act.” There are approximately seven employees in this petitioned-for unit.
The Petitioner’s position is that the petitioned-for single facility unit is an appropriate unit; but the Petitioner has indicated that it would be willing to proceed to an election in a different unit if the Regional Director finds otherwise.
The Intervenor’s (or SPiT-FA) position is that the single facility petitioned-for unit is not an appropriate unit because it severs one location from an existing multi-facility unit. The Intervenor argues that there is a significant history of bargaining in the multi-facility unit. The Intervenor further argues that the petition appears to sever the unit employees at the Loveland location by only including “Security Officers” and not Sergeants, who are referenced in the Addendum to the collective-bargaining agreement.
A hearing was conducted by videoconference before a hearing officer of the National Labor Relations Board on June 15, 2023, at which time the parties had the opportunity to present evidence. Despite service on the Employer of the petition and Notice of Hearing, the Employer did not participate in the hearing or the case, in any manner, and took no position on the issues. During the preparation of the Decision in this matter, Whitestone asserted that it was no longer the employer of the petitioned-for employees and that the employees were now employed by another employer - Controlled F.O.R.C.E., effective June 1, 2023.
On August 30, 2023, I issued an Order to Show Cause, which was served on all parties to the proceeding and on Controlled F.O.R.C.E., seeking the parties’ positions on, inter alia, which
entity or entities employ the petitioned-for employees. Based on those position statements, I ordered that the matter be remanded and that the record be opened to take evidence as to whether Whitestone continues to be an employer of the employees and if the petitioned-for unit is appropriate.
Accordingly, a second hearing was held via videoconference on September 28, 2023. The Petitioner, Intervenor, and Controlled F.O.R.C.E. participated in the hearing. Whitestone did not participate in the hearing or file a brief in this matter. At the hearing, the Petitioner moved to amend the petition to replace Whitestone with Controlled F.O.R.C.E. as the employer of the petitioned-for employees. Thereafter, the Petitioner and Intervenor filed post hearing briefs. Controlled F.O.R.C.E. did not file a post-hearing brief. In its post-hearing brief, the Petitioner reiterated its motion to amend the petition to replace Whitestone with Controlled F.O.R.C.E. Neither the Intervenor nor Controlled F.O.R.C.E. has objected to the Petitioner’s motion to amend.
The record evidence establishes, and the Petitioner, Intervenor, and Controlled F.O.R.C.E. agree, that Controlled F.O.R.C.E is now the sole employer of the petitioned-for employees. Additionally, the evidence indicates that Controlled F.O.R.C.E. is operating the Department of Energy contract previously held by Whitestone, under which the petitioned-for employees work, with essentially the same complement of employees, and no party contends to the contrary. Therefore, I found that Controlled F.O.R.C.E. has in fact replaced Whitestone as the employer of the petitioned-for employees and granted the Petitioner’s motion to amend the petition. Eastman Kodak Co., 175 NLRB 626 (1969); New Laxton Coal Co., 134 NLRB 927 (1961)
Based on the foregoing, on October 18, 2023, I issued an order granting the Petitioner’s motion to amend, and remanding this matter once again, so the record could be opened to take evidence as to whether the petitioned-for unit is appropriate. Accordingly, a third hearing was held on October 23, 2023, via videoconference. The Petitioner, Intervenor and Controlled F.O.R.C.E. participated in the hearing. Briefs were filed by the Petitioner and Intervenor and have been duly considered. Controlled F.O.R.C.E. did not take a position. The parties stipulate that there is no contract bar that would preclude an election, and I find that no contract bar exists. The parties agree that the election should be conducted by mail ballot.
CONCLUSIONS
Based on the entire record in this matter, including the parties’ stipulations, and in accordance with the discussion above, I conclude and find as follows: the petitioned-for single facility unit is appropriate, and I am directing an election in that unit. See entire decision below.
SPiT-FA President David L. Hickey shown above has requested to withdraw as a party based on it having disclaimed interest in the continued representation of the employees in the unit set forth above and below and requested to NOT be included as a choice on the ballot.
From: Randolph Flink <**************>
Date: Thu, Feb 1, 2024, 4:32 PM
Subject: NLRB & LEOs
To: <dwayne@SPiT-FA.org>
Sir,
SPiT-FA did not represent us at all. If they had we would not be casting our vote for LEOs.
I do not want any further contact from anyone at SPiT-FA. You weren't there when you should have been so don't bother now.
Goodbye.
Randolph Flink SPiT-FA Chief Shop Steward Controlled F.O.R.C.E. / The Whitestone Group @ DOE/ WAPA Colorado
ORDER GRANTING INTERVENOR’S REQUEST TO WITHDRAW AS PARTY AND RESCHEDULING ELECTION
On January 19, 2024, I issued a Decision and Direction of Election directing a mail ballot election among employees in the following unit to determine whether they wished to be represented by United Federation LEOS-PBA Law Enforcement Officers Security & Police Benevolent Association (Petitioner), International Union, Security, Police, and Fire Professionals of America (Intervenor), or, neither:
All full-time and regular part-time Security Officers performing guard duties as defined in Section 9(b)(3) of the National Labor Relations Act, employed by the Employer at the Department of Energy (DOE), Western Area Power Administration (WAPA), Federal Facility located 555 East Crossroads Boulevard, Loveland, Colorado 80538; but, excluding all non-security employees, office clerical employees, professional employees, and supervisors as defined in the Act.
I directed that ballots be mailed to eligible voters at 3:00 p.m. (MT) on February 5, 2024, and that ballots be due in the Regional Office by 2:00 p.m. (MT) on February 26, 2024.
On February 2, 2024, the Intervenor "SPiT-FA" requested to withdraw as a party based on it having disclaimed interest in the continued representation of the employees in the unit set forth above and requested to NOT be included as a choice on the ballot. No party has asserted that the Intervenor is acting inconsistently with its disclaimer of interest.
Accordingly, IT IS ORDERED that the Intervenor’s request to withdraw as a party based on its disclaimer of interest in the unit is granted. The question on the ballot will be whether employees in the directed unit wish to be represented by United Federation LEOS-PBA Law Enforcement Officers Security & Police Benevolent Association. The choices on the ballot will be “Yes” or “No”.
Our Prediction: Hundreds if NOT Thousands of SPiT-FA members all across the country are already seeking to leave SPiT-FA based on the poor representation and lack of service by SPiT-FA. Many of these SPiT-FA members have already sought out our help to switch Unions. Unfortunately many of these SPiT-FA members cannot switch unions until their open period begins and/or when their contracts expirer. At which time our Union will be there for these SPiT-FA members.
The above prediction is based on the number of SPiT-FA members already in contact with our Union, United Federation LEOS-PBA Law Enforcement Officers Security & Police Benevolent Association seeking information on how they can legally leave them to join our Union!
SPiT-FA Disclaims interest in Department of Energy (DOE), Western Area Power Administration (WAPA), Federal Facilities located at 555 East Crossroads Boulevard, Loveland, CO 80538.
If you wish to join or form a security union at your workplace them please join the United Federation LEOS-PBA Law Enforcement Officers Security & Police Benefit Association the true authority of Law Enforcement, Protective Service Officers, Special Police Officers, Security Police Officers, Nuclear Security Officers, K9 Handlers, Security Officers, Security Guards and Security Professionals nationwide. Contact us today @ 1-800-516-0094 or visit our website @ www.LEOSPBA.org
Organizing: 1-800-516-0094
United Federation LEOS-PBA (202) 595-3510