This decision by the Regional Director of the National Labor Relations Board (NLRB) Region 5 addresses a representation petition filed by the Fraternity of American Protective Officers (FAPO) seeking to represent security officers and sergeant supervisors employed by North American Security, Inc. at the National Oceanic and Atmospheric Administration (NOAA) facility. The administrative investigation revealed that North American Security, Inc. will cease operations at the NOAA facility on or about February 28, 2026, and will no longer employ the petitioned-for employees. Furthermore, Golden SVCS, LLC is scheduled to assume the security contract for the NOAA facility effective March 1, 2026.
The National Labor Relations Act (the Act) mandates the Board to investigate representation petitions and, if a question of representation exists, to direct an election. However, the Board recognizes a narrow exception to this mandate: an election petition will be dismissed if it is reasonably certain that conducting an election would serve no purpose. This exception applies in circumstances where an employer's operations are imminently ceasing, such as when the employer completely stops operating, sells its business, or fundamentally alters the nature of its operations.
In light of the imminent cessation of operations and the fact that North American Security, Inc. will no longer employ the petitioned-for employees, the Regional Director issued a Notice to Show Cause, directing the parties to explain why the petition should not be dismissed. The International Union, Security, Police and Fire Professionals of America (SPFPA), the incumbent representative of the employees, responded and agreed that the petition should be dismissed. Consequently, the Regional Director ordered the dismissal of the petition and the withdrawal of the Notice of Representation Hearing.
Parties have the right to request a review of this decision by the Executive Secretary of the NLRB within a specified timeframe, following the procedures outlined in the Board's Rules and Regulations.
Significant Cases Cited
- Retro Environmental Inc., 364 NLRB No. 70 (2016): The Board may dismiss an election petition when it is reasonably certain that conducting an election will serve no purpose due to imminent cessation of employer operations.
- Hughes Aircraft Co., 308 NLRB 82 (1992): This case supports the principle that election petitions can be dismissed when an employer's operations are ceasing.
- Martin Marietta Aluminum, 214 NLRB 646 (1974): This case acknowledges the Board's discretion to dismiss election petitions when the employer's operations are imminently ending.
- Cooper International, 205 NLRB 1057 (1973): This case is cited for the proposition that the Board may dismiss an election petition if the employer is ceasing operations.
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