AlliedBarton Security Services, LLC

National Labor Relations Board - Unpublished Board Decisions

Oct 26, 2012

03-CA-078930 (N.L.R.B. Oct. 26, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ALLIEDBARTON SECURITY SERVICES, LLC
and Case 03-CA-078930
PLANT PROTECTION ASSOCIATION
NATIONAL, LOCAL 104
DECISION AND ORDER
Statement of the Case
On September 18, 2012, AlliedBarton Security Services, LLC (the Respondent),
Plant Protection Association National, Local 104 (the Union), and the Acting General
Counsel of the National Labor Relations Board entered into a Formal Settlement
Stipulation, subject to the Board’s approval, providing for the entry of a consent order by
the Board and a consent judgment by any appropriate United States Court of Appeals.
The parties waived all further and other proceedings before the Board to which they
may be entitled under the National Labor Relations Act, as amended, and the Board’s
Rules and Regulations, and the Respondent waived its right to contest the entry of a
consent judgment or to receive further notice of the application therefor.
The National Labor Relations Board has delegated its authority in this proceeding
to a three member panel.
The Formal Settlement Stipulation is approved and made a part of the record, and
the proceeding is transferred to and continued before the Board in Washington, D.C.,
for the entry of a Decision and Order pursuant to the provisions of the Formal
Settlement Stipulation.
Based on the Formal Settlement Stipulation and the entire record, the Board
makes the following:
Findings of Fact
1. The Respondent’s business
Respondent is a corporation, with an office and place of business located in
Buffalo, New York, where it is engaged in the provision of security services.
Annually, in conducting its operations described above, Respondent performs
services valued in excess of $50,000 in states other than the State of New York.
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Respondent is now, and has been at all material times, an employer engaged in
commerce within the meaning of Section 2(2), (6) and (7) of the Act.
2. The labor organization involved
The Plant Protection Association National, Local 104 is a labor organization within
the meaning of Section 2(5) of the Act.
3. The appropriate unit
The following employees of the Respondent, the unit, constitute a unit
appropriate for collective bargaining within the meaning of Section 9(b) of the Act:
All full-time and regular part-time protective services officers employed by
the Employer at Ford Motor Company’s Buffalo Stamping Plant located at
S-3663 Lake Shore Road, Buffalo, New York; excluding all office clerical
employees, supervisors (including the site supervisor) as defined in the
Act, and all non-guard employees.
About July 1, 2011, Ford Motor Company awarded the Respondent the security
services contract previously held by Guardsmark, Inc. (Guardsmark), and since then the
Respondent has continued to perform the services previously performed by
Guardsmark in basically unchanged form, and has employed as a majority of its
employees individuals who were previously employees of Guardsmark.
Based on the operations described above, the Respondent has continued the
employing entity and is a successor to Guardsmark.
On October 2, 2007, the National Labor Relations Board certified the Union as
the exclusive collective-bargaining representative of the unit employed by Guardsmark.
Since about July 1, 2011, based on the facts described above, the Union has
been the designated exclusive collective-bargaining representative of the unit.
From about October 2, 2007 until about July 1, 2011, based on Section 9(a) of
the Act, the Union had been the exclusive collective-bargaining representative of the
unit employed by Guardsmark.
At all times since about July 1, 2011, based on Section 9(a) of the Act, the Union
has been the exclusive collective-bargaining representative of Respondent’s employees
in the unit.
ORDER
Based on the above findings of fact, the Formal Settlement Stipulation and the
entire record and pursuant to Section 10(c) of the National Labor Relations Act, as
amended, the National Labor Relations Board orders that:
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The Respondent, AlliedBarton Security Services, LLC, its officers, agents,
successors, and assigns shall
1. Cease and desist from:
(a) Refusing to bargain collectively with Plan Protection Association National,
Local 104 (the Union) as the exclusive representative of employees in the appropriate
bargaining unit set forth below, by unilaterally implementing changes in terms and
conditions of employment during negotiations for a collective-bargaining agreement in
the absence of overall impasse on the entire agreement.
All full-time and regular part-time protective services officers employed by
the Employer at Ford Motor Company’s Buffalo Stamping Plant located at
S-3663 Lake Shore Road, Buffalo, New York; excluding all office clerical
employees, supervisors (including the site supervisor) as defined in the
Act, and all non-guard employees.
(b) In any like or related manner interfering with, restraining, or coercing
employees in the exercise of the rights guaranteed in Section 7 of the Act.
2. Take the following affirmative action which the National Labor Relations Board
finds will effectuate the policies of the National Labor Relations Act, as amended:
(a) On request, bargain collectively and in good faith with the Union as the
exclusive representative of the employees in the appropriate unit described above with
respect to rates of pay, wages, hours of employment and other terms and conditions of
employment, and if an understanding is reached, reduce it to writing and sign it.
(b) If requested by the Union, rescind the change to the employee “leave post”
policy implemented about January 23, 2012, and reinstate the terms and conditions of
employment that existed before the unilateral change.
(c) If requested by the Union, rescind the change to the job duties of lead
officers that require them to perform fire extinguisher checks implemented about March
2012, and reinstate the terms and conditions of employment that existed before the
unilateral change.
(d) If requested by the Union, rescind the employee checkpoint push button
system implemented about April 2012, and reinstate the terms and conditions of
employment that existed before the unilateral change.
(e) If requested by the Union, rescind the change to the policy restricting the use
of recording devices implemented about April 5, 2012, and reinstate the terms and
conditions of employment that existed before the unilateral change.
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(f) Within 14 days of service by the Region, post at its Ford Motor Company
Buffalo Stamping Plant location, a copy of the attached Notice to Employees marked
“Appendix A.” Copies of the notice, on forms provided by Region 3, after being signed
by Respondent’s authorized representative, shall be posted by the Respondent and
maintained for 60 consecutive days in conspicuous places, including all places where
notices to employees are customarily posted. The Respondent will take reasonable
steps to ensure that the notices are not altered, defaced, or covered by any other
material.
(g) Within 21 days after service by the Region, file with the Regional Director a
sworn certification by a responsible official on a form provided by the Region attesting to
the steps that Respondent has taken to comply.
Dated, Washington, D.C., October 26, 2012.
___________________________________
Mark Gaston Pearce, Chairman
___________________________________
Brian E. Hayes, Member
___________________________________
Richard F. Griffin, Jr., Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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APPENDIX A
NOTICE TO EMPLOYEES
Posted by Order of the
National Labor Relations Board
An Agency of the United States Government
PURSUANT TO A STIPULATION PROVIDING FOR A BOARD ORDER AND A
CONSENT JUDGMENT OF ANY APPROPRIATE UNITED STATES COURT OF
APPEALS
FEDERAL LAW GIVES YOU THE RIGHT TO:
Section 7 of the National Labor Relations Act gives you as employees these rights:
Form, join, or assist a union;
Choose representatives to bargain with us on your behalf;
Act together with other employees for your benefit and
protection;
Choose not to engage in any of these protected activities.
WE WILL NOT do anything which interferes with, restrains, or coerces you with respect
to these rights. More specifically,
WE WILL NOT refuse to bargain collectively with Plant Protection Association National,
Local 104 (the Union) as the exclusive representative of employees in the appropriate
unit set forth below by unilaterally implementing changes in terms and conditions of
employment during negotiations for a collective-bargaining agreement in the absence of
an overall good-faith impasse, specifically,
WE WILL NOT unilaterally change employee “leave post” policies, change job duties of
lead officers, institute a new employee checkpoint push button system or implement a
policy restricting the use of recording devices.
WE WILL NOT in any similar way violate your exercise of any of the rights stated above.
WE WILL, on request by the Union, rescind the change to the employee “leave post’
policies, implemented about January 23, 2012, and reinstate the terms and conditions
of employment that existed before the unilateral change.
WE WILL, on request by the Union, rescind the change to the job duties of lead officers
that requires them to perform fire extinguisher checks, implemented about March 2012,
and reinstate the terms and conditions of employment that existed before the unilateral
change.
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WE WILL, on request by the Union, rescind the employee checkpoint push button
system implemented about April 2012, and reinstate the terms and conditions of
employment that existed before the unilateral change.
WE WILL, on request by the Union, rescind the change to the policy restricting the use
of recording devices implemented about April 5, 2012, and reinstate the terms and
conditions of employment that existed before the unilateral change.
WE WILL, on request, bargain collectively with the Union as the exclusive
representative of employees in the following unit with respect to rates of pay, wages,
hours of employment, and other conditions of employment.
The appropriate bargaining unit is:
All full-time and regular part-time protective services officers employed by
the Employer at Ford Motor Company’s Buffalo Stamping Plant located at
S-3663 Lake Shore Road, Buffalo, New York; excluding all office clerical
employees, supervisors (including the site supervisor) as defined in the
Act, and all non-guard employees.
ALLIEDBARTON SECURITY SERVICES, LLC
(Employer)
DATE: ________________________ BY: ________________________________
(Representative) (Title)
National Labor Relations Board – 130 S. Elmwood Avenue, Buffalo, NY 14202-
Telephone 716-551-4931