Below is a copy of a letter sent to Glen Kucera and Tim Coon, MSA's legal representative.
UNITED FEDERATION OF K-9 HANDLERS
October 17, 2018
Timothy P. Coon, Esq.
Eckert Seamans Cherin & Mellott, LLC
10 Bank St., Suite 700
White Plains, NY 10606
Glen Kucera, Chief Executive Officer
Michael Stapleton Associates Ltd.
9 Murray Street, 2nd Floor
New York, NY 10007
Re: Collective Bargaining
This view is supported by Second Circuit case law. In NLRB v. 675 West End Owners Corp., 304 Fed.Appx. 911 (2d Cir. 2008), the court held that an employer who hired a subcontractor after a union election to perform work that had previously been done by employees had violated Section 8 of the NLRA. It stated that “absent compelling economic considerations for doing so, an employer acts at its peril in making changes in terms and conditions of employment during the period that objections to an election are pending and the final determination has not yet been made … the Companies’ unilateral decision to subcontract with Command Security, which occurred after the date of election, is therefore a violation of sections 8(a)(5) and (1) of the Act.” Id. at 915 (citations and internal quotations omitted).
It would be an unfair labor practice for MSA to unilaterally change the terms and conditions of the employment of the members of the bargaining unit. Accordingly, if MSA intends to change any terms and conditions, it must negotiate such changes with UFK9H. UFK9H intends to bargain in good faith and expects MSA to do the same. If MSA chooses not bargain in good faith, UFK9H will pursue all available remedies.
Very Truly Yours,
Bill Beaury, President
cc: David I. Aboulafia, Esq.
Paul H. Aloe, Esq.