NLRB Rules in Favor of Our Union in RAID Attempt by a Rival Union out of Roseville Michigan
Updated: Oct 1, 2022
NLRB Washington DC - September 26, 2022
BY CHAIRMAN MCFERRAN AND MEMBERS KAPLAN AND WILCOX
The Petitioner’s Request for Review of the Regional Director’s Order Dismissing Petition and Withdrawing Notice of Hearing is denied as it raises no substantial issues warranting review.1
Dated, Washington, D.C. September 26, 2022.
In denying review, we agree with the Regional Director that the effective date for the collective-bargaining agreement was May 11, 2020 (which is the date the contract was both ratified and signed). Although there are conflicting termination dates in the collective-bargaining agreement, this ambiguity did not inure to the Petitioner’s detriment in the present dispute. To this end, regardless of which ter-mination date in 2023 applies, the present petition, which was filed on March 31, 2022, is clearly untimely. See General Cable Corp., 139 NLRB 1123 (1962) (a contract can act as a bar for up to 3 years after its effective date). Accordingly, under the specific circumstances present here, the Regional Director did not err in exercising his discretion to dismiss the petition. See Suffolk Banana Co., 328 NLRB 1086 (1999).
Not noted in the Board’s September 26, 2022 Decision which is now a Published Decision was the fact that Patronus Systems unit was the general contractor and Paragon Systems, Inc was just its subcontractor.
Also not mentioned in the published decision because it was not an issue before the Board at this time was any conflict of interest that unquestionably exists between Mr. Hickey’s union the raiding Union out of Roseville, Michigan and Patronus Systems who is the general contractor to Paragon Systems.
Patronus Systems is owned and operated by the spouse of a Vice President and Executive Board member of Mr. Hickey’s Union. See enclosed documents below filed with the Department of Labor.
Should Mr. Hickey and his security guard union once again try to raid our Patronus Systems / Paragon Systems, Inc unit during the appropriate open period, then our attorneys will no doubt focus on a conflict of interest argument noting Patronus Systems is owned and operated by the spouse of a Vice President and Executive Board member of Mr. Hickey’s union which unquestionably exists between Mr. Hickey’s union the raiding Union out of Roseville, Michigan and Patronus Systems.
Our union was just successful in negotiating a $1.50 wage increase for these Patronus Systems / Paragon Systems Inc PSO's.
As part of Mr. Hickey's personal vendetta campaign to discredit our representatives and to raid our union, Mr. Hickey is using his members hard earned dues money to pay for his ongoing lawsuits, collection fees and fines, whereby Mr. Hickey has spent in excess of $905,202.00 thousand dollars according to department of labor filings as of March 2022. Since this is ongoing this amount most likely has exceeded over 1 Million dollars.
In addition to the above, Mr. Hickey is using his members dues money as his own personal "CASH COW" to fund his 1.4 Million personal pension plan, & his $100,000 plus salary increase from $177, 588 to $278,370 a year.
You can view the article here.
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