We've received information that over the next few days, MSA management will be approaching you in person and asking you to sign a document titled MEMORANDUM OF AGREEMENT FOR REIMBURSEMENT OF SPECIALIZED TRAINING EXPENSES. MSA plans on presenting this agreement in an upcoming settlement conference in federal court. Their plan is to attempt to convince the judge that because we signed an agreement for $18.75 an hour for training, their back pay liability should be at that rate as well.
MSA is also using these agreements as an attempt to satisfy section 7(g)(2) of the Fair Labor Standards Act. Section 7(g)(2) of the FLSA allows the employer, pursuant to a bona fide agreement, to compensate canine handlers at a different regular hourly rate for canine care and time and one-half of that rate for canine care duties performed during overtime hours. A bona fide agreement to pay in accordance with the provisions of section 7(g)(2) may be made on an individual, group, or collective bargaining basis. Because MSAs canine handlers have elected a union, any attempt to have employees sign an individual agreement would be a violation of the FLSA.
MSA is not allowed to directly deal with employees or make unilateral changes concerning employment and they're fully aware they're violating section 8(a)(5) of the National Labor Relations Act. We will be taking legal action against Glen Kucera and MSA for these actions.
If anyone from MSA approaches you and asks you to sign this agreement, call us at (888) 864-6601.
DO NOT SIGN THIS AGREEMENT UNDER ANY CIRCUMSTANCE!