August 31st 2023 - After continual delay tactics by SPiT-FA / David L Hickey SPiT-FA International President to dismiss our Unions United Federation LEOS-PBA Hawaii, Guam, Saipan and American Samoa petition, frivolous motions and SPiT-FA's refusal to stipulate to an election on our behalf to represent the 150 Paragon Systems, Inc Protective Service officers PSO's in Hawaii, Guam, Saipan and American Samoa, forcing it to a NLRB hearing out of fear of losing another NLRB election to our Union, United Federation LEOS-PBA, the Regional Director for the National Labor Relations Board NLRB in Region 20 issued a Decision and Direction of election in Case 20-RC-322902.
In his decision the NLRB Regional Director noted:
Paragon Systems, Inc. (Employer) provides security services for federal facilities in Hawaii, Guam, Saipan, and American Samoa. On August 1, 2023,1 United Federation LEOS-PBA Hawaii, Guam, Saipan and American Samoa (Petitioner) filed the instant Petition seeking to represent a unit of approximately 150 security officers working for the Employer who are currently represented by (SPiT-FA), and its Local 652 (Intervenor).
On August 11, Intervenor filed and served its Statement of Position (SOP) in this matter. The Employer did not file or serve any SOP. The Petitioner thereafter filed and served its Responsive Statement of Position (RSOP) on August 14. On August 17, after considering the SOP and RSOP, the Regional Director issued her Order By Regional Director Under NLRB Rule 102.66(c) Concerning Preclusion of Litigation at Hearing (Order). The Regional Director determined that a question concerning representation exists, but that there were no litigable issues raised by the parties. Consequently, the Regional Director precluded the parties from litigating any issues at the hearing.
A hearing officer of the National Labor Relations Board (Board) conducted a hearing in this matter on August 21, via Zoom Government.
During the hearing, the parties stipulated that the Employer is engaged in commerce sufficient to establish the Board’s jurisdiction over this matter, that the Petitioner and Intervenor are both labor organizations under Section 2(5) of the Act, that there are no recognized bars to this Petition, and that the petitioned-for unit is appropriate. The parties also stipulated that an election conducted by mail is appropriate in this case.
On August 30, the Intervenor filed timely briefs, of which rehashed the non-litigable issue of Petitioner’s conduct in serving the instant Petition. I shall not address that matter, as it has no bearing on this proceeding or my responsibilities under Section 3(b) of the Act. Nevertheless, I have carefully considered the briefs, as well as the entire record, and have decided to direct an election by mail ballot as set forth below.
Under Section 3(b) of the Act, I have the authority to hear and decide this matter on behalf of the National Labor Relations Board. Upon the entire record in this proceeding, I find:
1. The hearing officer’s rulings made at the hearing are free from prejudicial error and are hereby affirmed.
2. The Employer is engaged in commerce within the meaning of the Act, and it will effectuate the purposes of the Act to assert jurisdiction herein.
3. The Petitioner and Intervenor are both labor organizations within the meaning of Section 2(5) of the Act and claim to represent certain employees of the Employer.
4. A question affecting commerce exists concerning the representation of certain employees of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act.
5. The following employees of the Employer constitute a voting group appropriate for the purpose of collective bargaining within the meaning of Section 9(b) of the Act.
Included: All full-time and regular part-time armed and unarmed protective security officers employed by Paragon Systems, Inc., performing guard duties as defined by Section 9(b)(3) of the National Labor Relations Act, and assigned to federal facilities in Hawaii, Guam, Saipan, and American Samoa, under Contract No. 70RFPW19DW9000002, with the Department of Homeland Security, Federal Protective Service.
Excluded: All other employees, including office clerical employees, managerial personnel, and supervisors, as defined by the National Labor Relations Act.
III. DIRECTION OF ELECTION
The National Labor Relations Board will conduct a secret ballot election among the employees in the unit above. Employees will vote whether or not they wish to be represented for purposes of collective bargaining by United Federation LEOS-PBA Hawaii, Guam, Saipan and American Samoa; International Union, (SPiT-FA), and its Local 652; or neither.
A. Election Details
The election will be conducted by mail. The mail ballots will be mailed to employees employed in the appropriate collective-bargaining unit by staff members from the office of the National Labor Relations Board, Subregion 37, at 12:00 noon on SEPTEMBER 18, 2023 (Hawaii-Aleutian Standard Time). In order to be valid and counted, all returned ballots must be received at the Subregion 37 office in Honolulu prior to the counting of the ballots.
All ballots will be commingled and counted via Zoom Government by the Regional Director at 1:00 p.m. on OCTOBER 23, 2023 (Hawaii-Aleutian Standard Time).
United Federation LEOS-PBA now represents more Paragon Systems Inc Protective Service Officers PSO's than any other security union. Representing Paragon PSO's in Boston, Los Angeles California, Riverside, San Bernardino counties, San Diego & Imperial counties, California, Kentucky, New York City, Upstate New York, North Carolina, Pennsylvania, & Washington DC Capitol Region just to mention a few.
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
United Federation LEOS-PBA (202) 595-3510