American Eagle Protective Services Corporation and Paragon Systems, Inc., Joint Employers

National Labor Relations Board - Board Decisions

Nov 26, 2018

05-CA-126739 (N.L.R.B. Nov. 26, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
AMERICAN EAGLE PROTECTIVE
SERVICES CORPORATION AND
PARAGON SYSTEMS, INC.
and Case 05-CA-126739
UNITED GOVERNMENT SECURITY OFFICERS OF
AMERICA, LOCAL 034, AFFILIATED WITH UNITED
GOVERNMENT SECURITY OFFICERS OF AMERICA
INTERNATIONAL UNION
ORDER DENYING MOTION FOR RECONSIDERATION1
The Respondents’ Motion for Reconsideration of the Board’s Supplemental Decision and
Order reported at 366 NLRB No. 144 (2018) is denied. The Respondents have not demonstrated
extraordinary circumstances warranting reconsideration under Section 102.48(c)(1) of the
Board’s Rules and Regulations.2
Dated, Washington, D.C., November 26, 2018.
_________________________________________
John F. Ring, Chairman
_________________________________________
Lauren McFerran, Member
_________________________________________
Marvin E. Kaplan, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD

1 The National Labor Relations Board has delegated its authority in this proceeding to a three-
member panel. Member Emanuel is recused and took no part in the consideration of this case.
2 Chairman Ring did not participate in the Board’s prior decision in this case. He agrees that the
Respondents have not established that reconsideration is warranted under the standard specified
in Sec. 102.48(c)(1).
Member Kaplan dissented in the underlying proceeding, asserting that the Board lacked the
authority to order a make whole remedy that could result in a windfall to employees.
Nevertheless, he joins his colleagues in denying the motion for reconsideration because the
Respondents have failed to demonstrate extraordinary circumstances warranting reconsideration
of the Board's Order.