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United Federation LEOS-PBA Wins Again as NLRB Overrules Intervenors Objections

Updated: Jul 26, 2022



California 7/20/2022 - The National Labor Relations Board NLRB Regional Director in Northern California overruled all of the objections filed by the Security Guard Union out of Roseville, Michigan in Case 20-RC-293697 Triple Canopy, Inc citing:


After carefully considering the Intervenor's Objections, its Offer of Proof, the Board's Rules, the Board's Casehandling Manual, Part Two-Representation Proceedings, and extant law, I have determined that none of the Intervenor’s Objections warrant a hearing, much less overturning the election results. Accordingly, I overrule all of them, as explained below.


REGIONAL DIRECTOR'S DECISION TO OVERRULE INTERVENOR’S OBJECTIONS TO ELECTION AND

CERTIFICATION OF REPRESENTATIVE


Based upon a petition filed on April 7, 20221 by United Federation LEOS-PBA Law Enforcement Officers Security & Police Benevolent Association California (Petitioner), and upon a Motion for Intervention filed on April 8 by International Union, Security, Police and Fire (SECURITY GUARD UNION out of Roseville, Michigan) (Intervenor), I approved the parties’ Stipulated Election Agreement (Agreement) on April 19. Pursuant to its terms, Board agents conducted a mail-ballot election from May 2 to May 25 among the employees of Triple Canopy, Inc. (Employer) in the following appropriate bargaining unit, to determine whether they wish to be represented for purposes of collective bargaining by the Petitioner, the Intervenor, or Neither:


All full-time and regular part-time armed and unarmed security officers employed by the Employer under its Northern California contract with the Department of Homeland Security, Federal Protective Service, in the counties of Alameda, Contra Costa and Marin; excluding managerial employees, confidential employees, office clerical employees, and supervisors as defined in the Act.


The Tally of Ballots prepared at the conclusion of the election shows that of the approximately 88 eligible voters, 24 votes were cast for the Petitioner, 0 votes were cast for the Intervenor, and 13 votes were cast for Neither, with no challenged ballots. Therefore, the Petitioner received a majority of the valid votes cast.


THE OBJECTIONS

On June 8, the Intervenor timely filed and served ten Objections to the Election (Objections) and an Offer of Proof in support thereof. A copy of the Objections is attached hereto. I have considered the Objections and Offer of Proof, and as discussed below, I am overruling Intervenor’s Objections in their entirety. First, I set forth the Board’s standards for setting aside elections and for evaluating offers of proof, and I then address the Objections in turn.




"This is the right NLRB decision in this case based on NLRB case law" noted Jon Axelrod from the law firm of Jonathan Axelrod, Esq. Beins, Axelrod & Keating, PC.

Triple-Canopy Decision-20-RC-293697.
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"Now that the NLRB has officially certified the results of this election, the United Federation LEOS-PBA Law Enforcement Officers Security & Police Benevolent Association California will immediately contact Triple Canopy to begin the process of collective bargaining" Noted Axelrod.

We wish to welcome these Northern California Triple Canopy officers to our United Federation LEOS-PBA Family.


If your present security union is not presently representing you or 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

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