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Employer/Union Rights and Obligations

The National Labor Relations Act forbids employers from interfering with, restraining, or coercing employees in the exercise of rights relating to organizing, forming, joining or assisting a labor organization for collective bargaining purposes, or from working together to improve terms and conditions of employment, or refraining from any such activity. Similarly, labor organizations may not restrain or coerce employees in the exercise of these rights.



Examples of employer conduct that violates the law:

  • Threatening employees with loss of jobs or benefits if they join or vote for a union or engage in protected concerted activity.

  • Threatening to close the plant if employees select a union to represent them.

  • Questioning employees about their union sympathies or activities in circumstances that tend to interfere with, restrain or coerce employees in the exercise of their rights under the Act.

  • Promising benefits to employees to discourage their union support.

  • Transferring, laying off, terminating, assigning employees more difficult work tasks, or otherwise punishing employees because they engaged in union or protected concerted activity

  • Transferring, laying off, terminating, assigning employees more difficult work tasks, or otherwise punishing employees because they filed unfair labor practice charges or participated in an investigation conducted by NLRB.

The National Labor Relations Act forbids employers from interfering with, restraining, or coercing employees in the exercise of rights relating to organizing, forming, joining or assisting a labor organization for collective bargaining purposes, or from working together to improve terms and conditions of employment, or refraining from any such activity. Similarly, labor organizations may not restrain or coerce employees in the exercise of these rights.

Examples of labor organization conduct that violates the law:

  • Threats to employees that they will lose their jobs unless they support the union.

  • Seeking the suspension, discharge or other punishment of an employee for not being a union member even if the employee has paid or offered to pay a lawful initiation fee and periodic fees thereafter.

  • Refusing to process a grievance because an employee has criticized union officials or because an employee is not a member of the union in states where union security clauses are not permitted.

  • Fining employees who have validly resigned from the union for engaging in protected concerted activities following their resignation or for crossing an unlawful picket line.

  • Engaging in picket line misconduct, such as threatening, assaulting, or barring non-strikers from the employer's premises.

  • Striking over issues unrelated to employment terms and conditions or coercively enmeshing neutrals into a labor dispute.


What rules govern collective bargaining for a contract?


After employees choose a union as a bargaining representative, the employer and union are required to meet at reasonable times to bargain in good faith about wages, hours, vacation time, insurance, safety practices and other mandatory subjects. Some managerial decisions such as subcontracting, relocation, and other operational changes may not be mandatory subjects of bargaining, but the employer must bargain about the decision's effects on unit employees.


It is an unfair labor practice for either party to refuse to bargain collectively with the other, but parties are not compelled to reach agreement or make concessions.


If after sufficient good faith efforts, no agreement can be reached, the employer may declare impasse, and then implement the last offer presented to the union. However, the union may disagree that true impasse has been reached and file a charge of an unfair labor practice for failure to bargain in good faith. The NLRB will determine whether true impasse was reached based on the history of negotiations and the understandings of both parties.


If the Agency finds that impasse was not reached, the employer will be asked to return to the bargaining table. In an extreme case, the NLRB may seek a federal court order to force the employer to bargain.


The parties' obligations do not end when the contract expires. They must bargain in good faith for a successor contract, or for the termination of the agreement, while terms of the expired contract continue.


A party wishing to end the contract must notify the other party in writing 60 days before the expiration date, or 60 days before the proposed termination. The party must offer to meet and confer with the other party and notify the Federal Mediation and Conciliation Service of the existence of a dispute if no agreement has been reached by that time.



How is "good faith" bargaining determined?


There are hundreds, perhaps thousands, of NLRB cases dealing with the issue of the duty to bargain in good faith. In determining whether a party is bargaining in good faith, the Board will look at the totality of the circumstances. The duty to bargain in good faith is an obligation to participate actively in the deliberations so as to indicate a present intention to find a basis for agreement. This implies both an open mind and a sincere desire to reach an agreement as well as a sincere effort to reach a common ground.


The additional requirement to bargain in "good faith" was incorporated to ensure that a party did not come to the bargaining table and simply go through the motions. There are objective criteria that the NLRB will review to determine if the parties are honoring their obligation to bargain in good faith, such as whether the party is willing to meet at reasonable times and intervals and whether the party is represented by someone who has the authority to make decisions at the table.


Conduct away from the bargaining table may also be relevant. For instance if an Employer were to make a unilateral change in the terms and conditions of employees employment without bargaining, that would be an indication of bad faith.

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What does a Security Guard do?

Security Guards are typically employed by private individuals or businesses to protect people, property and assets. Their regular duties can vary from position to position depending on the needs of their employer, but they’re often required to physically monitor or patrol an area and ensure the safety of the people within the home or business. Some Security Guards work as part of a team, while others work independently. Security Guards can be freelancers, internal employees or contractors from a security company.

 

Security Guard Job Description: Top Duties and Qualifications

A Security Guard, or Security Officer, is responsible for protecting a person, organization or asset in the case of an incident. Their duties include monitoring a specific area, evicting trespassers and writing reports detailing any occurrences during their shift.

Security Guard duties and responsibilities

The overall duty of a Security Guard is to protect a company’s property, employees and visitors. Here are some of their typical daily responsibilities that you can include in a job description:

  • Patrolling and monitoring activities on the company’s premises regularly to discourage criminals and ensure the environment is safe and secure

  • Evicting trespassers and violators and detaining perpetrators while following legal protocols before relevant authorities arrive to take over

  • Controlling the entrance and departure of employees, visitors and vehicles according to protocols

  • Monitoring surveillance cameras to watch out for any disruptions or unlawful activities

  • Providing detailed reports on daily activities and any incidents that may have occurred to management

  • Testing security systems and, if needed, operating X-ray machines and metal detectors

  • Using provided communication devices such as two-way radios in a clear and concise manner

  • Performing CPR or first aid when needed

Security Guard salary expectations

A Security Guard makes an average of $12.92 per hour. This pay rate may vary depending on factors such as experience, education, certifications and additional skills. Unionized Security Guards make anywhere from $17.00 on a low end to over $30.00 an hour plus benefits based on the job type and location. For example the United Federation LEOS-PBA Paragon Security officers under our Paragon Protective Service Officers National Union, working at the federal buildings in New York City make $30.50 an hour plus they receive full benefits.

United Federation LEOS-PBA Law Enforcement Officers Security & Police Benevolent Association LEOS-PBA

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Security Guard skills and qualifications

In order to ensure the safety of a company and its assets, a Security Guard should have the following skills and qualifications:

  • Excellent knowledge of security protocols

  • Ability to operate security systems and emergency equipment

  • Exceptional interpersonal skills

  • Advanced verbal and written communication skills

  • Ability to work alone or as part of a team

  • Ability to solve problems as they arise

  • Attention to detail

  • Ability to react appropriately in stressful situations

Security Guard education and training requirements

Unlike many other professional roles, the right candidate for a Security Guard position doesn’t need to have a degree. Most employers will consider applicants with a high school diploma or GED certificate. Companies typically give priority to candidates with a certification, a Security Guard license or security training. Candidates should also be trained in first aid and self-defense. For higher-level roles, employers may look for candidates with a four-year degree in criminal justice or a related field.

Security Guard experience requirements

Candidates applying for a Security Guard role should have at least a year of work experience. Employers may prefer applicants who have worked in the police force or the army or those who have previous experience as a Security Guard, Security Officer or another similar role. Candidates should also have demonstrable experience working with security systems, be proficient in Microsoft Office and know how to write reports.

CONTACT THE

UNITED FEDERATION

LEOS-PBA - DC

 

Address

1717 Pennsylvania Ave NW, 10th Floor

Washington, D.C. 20006

Phone
Office / Fax: (202) 595-3510
Organizing: (800) 516-0094

 

UFSPSO: (914) 941-4103

Fax: (914) 941-44722

NUSPO: (202) 499-3956

Fax: (202) 499-3956

NUNSO: (815) 900-9944

Fax: (815) 900-9944

PSONU: (877) - 60-PSONU

FAX:  (877) -607-7668

FPSOA: (202)-595-3510

Fax: (202) 595-3510

UFK9H  (800) 516-0094

Email

organizing@leospba.org

CONTACT EAST COAST

Address

New York City Office

17 State Street, 40th Floor

New York, NY 10004

Long Island Office

220 Old Country Road #2

Mineola, NY 11501

 

Phone
Office / Fax: (212) 457-1010
Organizing: (800) 516-0094

Email
organizing@leospba.org

CONTACT WEST COAST

Address

Los Angeles Office

ARCO Tower 1055 West 7th Street, 33rd Floor (Penthouse) Los Angeles, CA 90017

Phone
Office / Fax: (213) 205-1855
Organizing: (800) 516-0094

Hawaii Guam Saipan 808-212-9831

Email

organizing @leospba.org

Site Map

Lally & Misir LLP

Address

The Nassau Building

220 Old Country Road #2

Mineola, NY 11501

Phone: (516) 741-2666

Fax: (516) 742-8533

Website: https://www.lallymisir.co

BEINS AXELROD

Address

1717 K Street N.W.  Suite 1120 

Washington DC 20006 

Phone: (202) 328-7222

Fax: (202) 328-7030 

Website: http://www.beinsaxelrod.com

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