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Monday, April 2, 2018

Union Busters Take a Tour of the Ferry

The following was brought to our attention. If you're reading this, you're the eyes and ears of the union and we appreciate the overwhelmingly positive response we've received. Please continue to let us know what MSA is doing and we'll keep publishing the truth.

In regards to this line from the NLRA: 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.

Why in the meeting at the Staten Island Ferry today were the Handlers asked by the unidentified suit (Laywer? Consultant?) Hypothetically, Would you strike if the union called for it?

Riddle me that?

Excellent question and thank you for the heads up! MSA has most likely continued their investment in hiring professional union busters.

Not all strikes are the same. There are two types of lawful strikes. Strikes for economic reasons and strikes for unfair labor practices. The NLRB defines the two as follows:

If the object of a strike is to obtain from the employer some economic concession such as higher wages, shorter hours, or better working conditions, the striking employees are called economic strikers. If the employer has hired bona fide permanent replacements who are filling the jobs of the economic strikers when the strikers apply unconditionally to go back to work, the strikers are not entitled to reinstatement at that time. However, if the strikers do not obtain regular and substantially equivalent employment, they are entitled to be recalled to jobs for which they are qualified when openings in such jobs occur if they, or their bargaining representative, have made an unconditional request for their reinstatement. 

Employees who strike to protest an unfair labor practice committed by their employer are called unfair labor practice strikers. Such strikers can be neither discharged nor permanently replaced. When the strike ends, unfair labor practice strikers, absent serious misconduct on their part, are entitled to have their jobs back even if employees hired to do their work have to be discharged.

If we were to strike for compensation for the take home care of our K9s, we would be considered unfair labor practice strikers. This means MSA could not fire us or permanently replace us. When we decide to come back to work, MSA would have to immediately discharge anyone hired to replace us. If they do not, we are entitled to reimbursement of pay after an investigation by the federal Government.

The home maintenance of our K9s has been determined to be compensable work by the US Department of Labor. Several MSA executives gave testimony affirming this when they were K9 handlers in their respective police departments. This makes MSA Security a willful violator of the Fair Labor Standards Act. We hope a strike is not necessary for MSA to obey the law but it is a possibility if they continue to wilfully violate it.

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