Security Walls, LLC, (2017)

NOTICE: This opinion is subject to formal revision before publication in the bound volumes of NLRB decisions. Readers are requested to notify the Executive Secretary, National Labor Relations Board, Washington, D.C. 20570, of any typographical or other formal errors so that corrections can be included in the bound volumes.

Security Walls, LLC and International Union Security Police Fire Professionals of America (SPFPA) and its Local No. 554. Case 13–CA–114946

April 6, 2017

DECISION AND ORDER

BY ACTING CHAIRMAN MISCIMARRA AND MEMBERS PEARCE AND MCFERRAN

This matter comes before the Board upon the joint motion of Respondent Security Walls, LLC, Charging Party International Union Security Police Fire Professionals of America (SPFPA) and its Local 554, and the General Counsel to waive a hearing and decision by an administrative law judge and to transfer the proceedings to the Board for a decision based on a jointly stipulated record. The question presented is whether the Respondent violated Section 8(a)(5) and (1) of the National Labor Relations Act by disciplining a bargaining unit employee without first giving the Union an opportunity to bargain. For the reasons discussed below, we shall grant the parties’ joint motion, and we shall dismiss the complaint.

In their joint motion, the parties agreed that the joint stipulation of facts, statement of issues presented, each party’s statement of position, and the attached exhibits, including the charge, the complaint as amended, the answer to the amended complaint, and the Board’s earlier decision in Security Walls, LLC, 361 NLRB No. 29, slip op. (2014), constitute the entire record in this case.

We grant the parties’ joint motion to transfer the proceedings to the Board, and we approve their joint stipulation and attached exhibits. On the basis of the stipulated record and statements of position, the Board makes the following

FINDINGS OF FACT

1. JURISDICTION

   The Respondent, a limited liability company with an office and place of business in Knoxville, Tennessee, has been engaged in providing security services for Argonne National Laboratory located in Argonne, Illinois, hereafter referred to as Respondent’s facility. In conducting its operations during the 12-month period ending February 18, 2015 (the date of the General Counsel’s second amended complaint), the Respondent performed services for entities located outside the State of Tennessee valued in excess of $50,000. At all material times,...