by UGSOA LOCAL 52 MEMBERS
Tuesday, Jan. 20, 2004 at 10:31 AM
225 LOCAL 52 UGSOA MEMBERS WILL SOON VOTE TO STOP THE PAYMENT OF DUES TO UGSOA PRESIDENT JIM (THE RAT ) VISSAR
UNITED STATES OF AMERICA
NATIONAL LABOR RELATIONS BOARD
STIPULATED UD ELECTION AGREEMENT
The parties agree that a hearing is waived, that approval of this Agreement constitutes withdrawal of any notice of hearing previously issued in this matter, that the petition is amended to conform to this Agreement, and further AGREE AS FOLLOWS:
1. SECRET BALLOT. A secret-ballot election shall be held under the supervision of the Regional Director in the unit defined below at the agreed time and place, under the Board's Rules and Regulations, to determine whether or not the employees wish to withdraw the authority of the undersigned union to require under its contract with the undersigned employer that employees make certain lawful payments to the union in order to retain their jobs.
2. ELIGIBLE VOTERS. The eligible voters shall be unit employees employed during the designated payroll period for eligibility, including employees who did not work during that period because they were ill, on vacation, or were temporarily laid off. Employees engaged in any economic strike, who have retained their status as strikers and who have not been permanently replaced are also eligible to vote. In addition, employees engaged in an economic strike which commenced less than 12 months before the election date, who have retained their status as strikers but who have been permanently replaced, as well as their replacements are eligible to vote. Employees who are otherwise eligible but who are in the military services of the United States may vote if they appear in person at the polls. Ineligible to vote are 1) employees who have quit or been discharged for cause after the designated payroll period for eligibility, 2) employees engaged in a strike who have been discharged for cause since the commencement thereof and who have not been rehired or reinstated before the election date, and 3) employees engaged in an economic strike which began more than 12 months before the election date who have been permanently replaced. The employer shall provide to the Regional Director, within seven (7) days after the Regional Director has approved this Agreement, an election eligibility list containing the names and addresses of all eligible voters. Excelsior Underwear, Inc., 156 NLRB 1236.
3. NOTICE OF ELECTION. Copies of the notice of election shall be posted, as requested by the Regional Director, at conspicuous and usual posting places easily accessible to the voters.
4. ACCOMMODATIONS REQUIRED. All parties should notify the Regional Director as soon as possible of any voters, potential voters, or other participants in this election who have handicaps falling within the provisions of Section 504 of the Rehabilitation Act of 1973, as amended, and 29 C.F.R. 100.603, and who in order to participate in this election need appropriate auxiliary aids, as defined in 29 C.F.R. 100.603, and request the necessary assistance.
5. OBSERVERS. Each party may station an equal number of authorized, nonsupervisory-employee observers at the polling places to assist in the election, to challenge the eligibility of voters, and to verify the tally.
6. TALLY OF BALLOTS. Upon conclusion of the election, the ballots will be counted and a tally of ballots prepared and immediately made available to the parties.
7. POSTELECTION AND RUNOFF PROCEDURES. All procedures after the ballots are counted shall conform with the Board's Rules and Regulations.
8. RECORD. The record in this case shall include this Agreement and be governed by the Board's Rules and Regulations.
9. COMMERCE. The Employer is engaged in commerce within the meaning of Section 2(6) and (7) of the National Labor Relations Act and a question affecting commerce has arisen concerning the representation of employees within the meaning of Section 9(c). (Insert commerce facts.)
The Employer, USProtect Corporation, a Maryland corporation with its principal offices located at 801 Roeder Road, Suite 1000, Silver Spring, Maryland, and job locations in San Diego, San Bernardino and Riverside Counties, California, the only locations involved herein, is engaged in providing security guard services. During the past 12 months, which period is representative of the Employer's operations, the Employer provided services valued in excess of $50,000 directly to the General Services Administration, an agency of the United States Government.
10. WORDING ON THE BALLOT. The name of the labor organization, signatory to this Agreement, shall appear on the ballot and the choice shall be "Yes" or "No". The wording on the ballot shall be: "Do you wish to withdraw the authority of your bargaining representative to require, under its agreement with the employer, that employees make certain lawful payments to the union in order to retain their jobs?"
11. PAYROLL PERIOD FOR ELIGIBILITY.
THE PERIOD ENDING Sunday, December 28, 2003.
12. DATES, HOURS, AND PLACE OF ELECTION.
(See Attached Sheet.)
13. THE APPROPRIATE COLLECTIVE-BARGAINING UNIT.
All security officers employed by the Employer in the counties of San Diego, San Bernardino, and Riverside, California that are employed pursuant to a contract between the Employer and the United States General Services Administration (“GSA”) or Department of Homeland Security (“DHS”); excluding all other employees, temporary personnel, irregular part-time personnel, office clericals, managerial personnel, confidential personnel, persons enrolled or participating in pre-assignment training programs offered by the Employer, and supervisors as defined in the Act.
USPROTECT CORPORATION
(Employer)
ROBERT E. NOWOSIELSKI, AN INDIVIDUAL
(Petitioner)
By ___________________________________
(Name) (Date)
______________________________________
(Title)
By ___________________________________
(Name) (Date)
______________________________________
(Title)
Recommended:
______________________________________
(Board Agent) (Date)
Date approved ________________________
UNITED GOVERNMENT SECURITY OFFICERS OF AMERICA, LOCAL 52
(Labor Organization)
_____________________________________
Regional Director, National Labor Relations Board
By ___________________________________
(Name) (Date)
______________________________________
(Title)
Case 21-UD-391
USProtect Corporation
Case 21-UD-391
ATTACHED SHEET
12. DATES, HOURS, AND PLACE OF ELECTION.
The Election in this matter shall be conducted by U.S. mail in accord with the following schedule:
An agent of the Regional Director will mail a ballot to each eligible voter at 5:00 p.m. on Wednesday, January 28, 2004. Any person who has not received a ballot by Wednesday, February 4, 2004 should immediately contact the election unit, National Labor Relations Board, Region 21, 888 South Figueroa Street, 9th Floor, Los Angeles, California 90017-5449, telephone (213) 894-5224, and request a ballot. Ballots must be returned to and received at the above office no later than 2:00 p.m., on Wednesday, February 18, 2004, at which time the ballots will be opened and counted at the same office.