Allied Universal Security Services

National Labor Relations Board - Unpublished Board DecisionsMay 6, 2021

04-RC-269155 (N.L.R.B. May. 6, 2021)

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD ALLIED UNIVERSAL SECURITY SERVICES Employer and Case 04-RC-269155 PHILADELPHIA SECURITY OFFICERS UNION Petitioner ORDER The Petitioner's Request for Review of the Regional Director's administrative dismissal of the petition is denied as it raises no substantial issues warranting review.1 LAUREN McFERRAN, CHAIRMAN MARVIN E. KAPLAN, MEMBER WILLIAM J. EMANUEL, MEMBER Dated, Washington, D.C., May 6, 2021. 1 In denying review, we do not rely on the Regional Director’s finding that, under Shen Valley Meat Packers, Inc., 261 NLRB 958 (1982), the current collective-bargaining agreement between the Employer and Service Employees International Union, Local 32BJ does not constitute a premature extension of their prior agreement based on their negotiating substantial changes to the employees’ terms and conditions of employment. We find instead that the current agreement does not constitute a premature extension because the Employer and Local 32BJ entered into it after the close of the “reasonable duration” period of the prior agreement. Deluxe Metal Furniture Co., 121 NLRB 995, 1001–1002 (1958). Further, the Petitioner’s arguments that the collective-bargaining agreement did not provide for the accretion of the petitioned-for employees to the existing unit or for the Employer’s voluntary recognition of Local 32BJ do not comply with Sec. 102.71(a)(3) of the Board's Rules and Regulations. There is no indication that the Petitioner presented evidence to the Regional Director that raises serious doubts as to his factual findings concerning these contentions, as Sec. 102.71(a)(3) requires. In any event, the Petitioner did not attach such evidence to its request for review. As such, the Petitioner also failed to comply with Sec. 102.71(c) of the Board’s Rules and Regulations by failing to provide within its request for review “a complete statement setting forth facts and reasons upon which the request is based.”