Pro-Tech Fire Services, Ltd., (2007)

Extract

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Pro-Tech Fire Services, Ltd., (2007)

Pro-Tec Fire Services Ltd., a subsidiary of JJ Protective Services, Inc. and International Association of Firefighters Local No. 3694 affiliated with the International Association of Firefighters. Cases 17–CA–21310 and 17–CA–21486

September 27, 2007

DECISION AND ORDER

By Chairman Battista and Members Liebman and Schaumber

On August 1, 2002, Administrative Law Judge Lana H. Parke issued the attached decision. The Respondent filed exceptions and a supporting brief. The General Counsel filed an answering brief, and the Respondent filed a reply brief.

The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge’s rulings, findings,[1] and conclusions[2] only to the extent consistent with this Decision and Order and to adopt the recommended Order as modified.

The judge concluded that the Respondent violated Section 8(a)(3) of the Act by refusing to consider or hire employee Robert Manley. The Respondent has excepted. We find merit in this exception.

i. background

The Respondent provides aircraft rescue firefighting services at Will Rogers Airport in Oklahoma City, Oklahoma. Wackenhut, the Respondent’s predecessor, had employed Robert Lindstrom as fire chief and Manley as captain, both supervisory positions, during the last 5 years of Wackenhut’s contract. From 1997 to June 20, 2001, Wackenhut was a party to a collective-bargaining agreement covering firefighting employees. Manley, while serving periodically as union president from the spring of 1996 through mid-June 2001, had a stormy relationship with Lindstrom.

ii. facts

In early 2001, Manley learned that the Respondent was planning to bid on the Will Rogers Airport contract. Manley phoned Jerry Rynerson, the Respondent’s corporate fire chief, identified himself as president of the Union, and asked if the Respondent would be interested in negotiating a tentative labor agreement or a commitment to retain all Wackenhut employees if the Respondent obtained the contract. Rynerson said that it was the Respondent’s intention to hire all employees, so long as they did not have discipline problems and were not unfit.

On June 12, 2001, Will Rogers Airport awarded the contract to the Respondent. The Respondent provided applications to all Wackenhut employees. On June 21, 2001, Manley applied for a position with the Respondent. On the line of the application designating “Position(s) applied for” and “location”, Manley wrote “any, Will Rodgers OKC.”[3] During this time, Lindstrom also applied to the Respondent for the position of fire ch...

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