News From the Front

Weingarten Rights

In the landmark case NLRB v. J. Weingarten, Inc. 420 U.S. 251 (1975), the Supreme Court upheld a National Labor Relations Board decision that employees have a right to union representation at investigatory interviews. These rights have become known as the Weingarten Rights.

There are three rules to the Weingarten Rights.

1. You must make a clear request for union representation before or during the interview. You cannot be punished for making this request.
2. After the employee makes the request, the employer must choose from among three options:
1. Grant the request and delay questioning until the union representative arrives and (prior to the interview continuing) the representative has a chance to consult privately with the employee;
2. Deny the request and end the interview immediately; or
3. Give the employee a clear choice between having the interview without representation, or ending the interview.
3. If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.

If any member of MSA's management team approaches you to discuss discipline, suspension, termination, or anything that could affect your personal working conditions, politely respond with the following statement and then contact us immediately:

If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative be present at this meeting. Until my representative arrives, I choose not to participate in this discussion.

If anyone from MSA management attempts to question or discipline you, email us at info@nopaymsa.com or call (888) 864-6601 before you answer any questions.

Lawsuit

The lawsuit is close to settlement. We are currently awaiting signatures from the named plaintiffs and defendants. The signatures are due on March 27th. Judge Gorenstein will then have to approve the settlement. We've also been hearing reports from handlers that members of MSA's management team have allegedly been making remarks that discourage being a party to the lawsuit. If any member of MSA's management attempts to discuss the lawsuit with you, record the conversation if possible, and contact us as soon as you can.

Sick Leave

We've initiated an investigation into MSA's sick leave policy with the City of New York, Department of Consumer Affairs. We have received several reports from handlers that supervisors allegedly required they come to work when they attempted to use sick time, that supervisors allegedly demanded notes from doctors detailing their illnesses, and that supervisors and managers have disciplined and suspended handlers for using or attempting to call in sick. This is all against the law. If you have ever experienced any of these situations or have ever had trouble calling in sick, please email us ASAP at info@nopaymsa.com. We are in current contact with an investigator from the City and can arrange to have them take a statement. All statements given to the investigator will be kept confidential.

Paid Family Leave

If you work in California, New Jersey, Rhode Island, New York, Washington State or Washington D.C., you are eligible for paid family leave benefits. You can use these benefits for a variety of reasons such as to care for a family member who is ill or to bond with a newborn child. Your benefits will vary by state. Feel free to select your state from the list below for detailed explanations. If you've attempted to use these benefits in the past and were denied or retaliated against by MSA, contact us for information.

California

New Jersey

Rhode Island

New York

Washington State

Washington D.C.

Update

Lawsuit

On February 21st, MSA's attorneys filed a request for a settlement conference to discuss the following disagreements:

• Whether individual defendants will bear responsibility for the settlement payments if the $14.5 million settlement is not paid in full.

• The amount of any default penalty in the event payment is not made and a letter of credit Defendant MSA Security is posting is not honored.

• Whether settlement funds will revert to the defendants if: (i) certain class or collective members yet to receive notice of the case decline to join the case; or (ii) plaintiffs fail to cash their settlement checks.

The individual defendants are Mike O'Neil, Glen Kucera, and George Harvey. The judge has scheduled conference for March 8th. A settlement agreement will now be due on March 18th.

Union

The first negotiation meeting between the UFK9H and MSA occurred on February 13th. MSA's lawyers were provided with a long list of what handlers all over the country have requested. They will be reviewing the list with their clients and will be in touch soon.

The National Labor Relations Board continues to investigate our charges against MSA which you can find here. They have also decided to dismiss the charges filed against us by MSA which you can find here.

The NLRB has also found merit to our charges that the implementation of the new Canine Home Care Policy and the reduction of the expense stipend were violations of the National Labor Relations Act. The NLRB is currently in the process of preparing an informal settlement agreement. We will continue to fight for the return of the $400 expense stipend, backpay for the months it was reduced, and the ability to negotiate the terms and conditions of the home care policy.

Service Contract Act

Many of you have received the following email from our new "Chief HR Officer" Peter Capizzi.

Dear Handler,

You recently received a notice from the MSA HR Department notifying you of the prevailing wage and fringe benefits associated with posts you work under the McNamara-O’Hara Service Contract Act (SCA). Due primarily to your paystub not previously breaking out your total pay on SCA projects that you worked on, you will be shortly notified by the US Department of Labor that you will be receiving compensation for the breakout omission. Your SCA work is now broken out separately on your paystub.

As a rapidly growing international company, we always strive to meet all legal and regulatory requirements.  Therefore, when we found we had made administrative errors, we corrected them.  More importantly, we introduced longer-term solutions, such as EPAY and UltiPro, to make certain the errors are not made in the future.  Our commitment is to always act with integrity and continue to find ways to enhance our business for our clients and our employees.

Should you have any questions on this matter please feel free to send a note to HR@msasecurity.net.

Sincerely,

Peter Capizzi | Chief HR Officer

This is Mr. Capizzi's first communication with us and it seems like he's been fed some incorrect information. MSA did not correct an administrative error as soon as they had found it. MSA was first informed in July 2017 that there was a possibility they weren't in compliance with the Service Contract Act. They did nothing except respond with hostility. We filed a complaint with the Wage and Hour Division of the Department of Labor which then conducted an investigation of MSA. Now 160 handlers will be compensated nearly $250,000 in unpaid fringe benefits. Here is a link to our original post about the Service Contract Act in April of 2018.

As always, if you have any questions feel free to email us at nopaymsa@gmail.com or leave a comment on this post. Stay strong, stay united.

Business as Usual

My fellow handlers,

Tomorrow will mark one week since our fellow handler, Seamus Fennessy, surrendered his partner Mattie to MSA. Since then, there has been an outpouring of support for Seamus and his family. On Friday afternoon, Senator Sam Thompson of New Jersey's 12th District wrote a letter to Mike O'Neil and Glen Kucera in support of Seamus. You can find the news story regarding the letter and comments from Senator Thompson here. He has yet to receive a response.

 

We've also received confirmation that Senator Thompson has reached out to Governor Phil Murphy's office, briefed them on the situation, and discussed possible actions this afternoon. Senator Bob Menendez, a staunch supporter of animal rights, has also been in contact with the Fennessy family and has conveyed that they "have his office's full attention."

It would seem that all eyes are on the third floor of 9 Murray Street. As of now, there is silence, yet the walls continue to close in. With growing interest from the public, MSA can not continue to claim that their policies are top secret. We all know these policies simply don't exist. Policies are created and forgotten on a daily basis and the handlers in the field are never informed. If MSA is worried their policies could incriminate the company, perhaps they should develop policies that don't result in public outcry. Business as usual unfortunately. It's the same business as usual that has cost MSA over $15 million in legal settlements, the same business as usual that results in a 30% turnover rate every year, and the same business as usual that has tarnished MSA's once legendary reputation.

Glen, we have a challenge for you. If you truly want to fix this, do not surround yourself with the same yes men that were the cause of all these problems in the first place.  These are the same people that claimed they didn't have to pay us overtime, the same people that claimed they were in compliance with the SCA, and the same people who have ruined our relationships with the clients. Talk to the handlers who are reservists, get their opinion on the matter, then develop a policy that proves MSA is as military friendly as it claims. You could even go one step further and sit down with us and discuss a plan that would apply to all handlers and their partners if they choose to leave MSA. Better yet, work with us to make MSA a company that handlers won't want to leave in the first place.

No matter what, do not rely on business as usual this time. Do the right thing, reach out to Seamus and his family, and make this right.

In other news, a settlement agreement is close to being reached. The January 16th letter sent to Judge Gorenstein by all parties expressed hope that we will have a final settlement agreement within the next week. Updates will be posted as they happen.

Happy New Year

Fellow handlers,

I am hoping this will find all having a happy and healthy New Year. As the New Year moves forward, we will also be moving forward with negotiations with MSA to get a contract in place. We've been in communication with MSA's lawyers and are working on establishing a set negotiation schedule. The following links are current charges filed against MSA. Case 29-CA-230696 are the charges we filed in response to the reduction of the expense stipend and the implementation of the Canine Home Care Policy; both of which are mandatory subjects of bargaining under the National Labor Relations Act.

29-CA-223187; 29-CA-230696; 21-CA-232091; 02-CA-231312; 15-CA-232136; 15-CA-232787

The lawsuit is still awaiting finalizing and signatures. The government shutdown has hampered this process. It should move forward by the end of the month. A status update on the settlement agreement is due to the court on January 16th and the motion for approval of settlement is due from both parties no later than February 22nd.

 



I would also like to inform you about a New York handler, Seamus Fennessy, who has recently been called to active duty. MSA has been adamant about taking his seven year old partner even though he is able to work part time while on active duty. His petition currently has over 3500 signatures and his page has over 1100 likes. It seems MSA only considers our partners family members when they're being interviewed on national television. Please like his page and share it when you have time.

https://www.facebook.com/SaveK9Mattie/

Finally, I would like to thank all of you for your patience over the last few months. Right now progress is slow, but there is progress. In the coming months, we hope to see the court ordered reinstatement of the $400 stipend, a fair negotiation of the Canine Home Care Policy, and a vast improvement to working conditions all across the country. Eventually, MSA will realize our goal is not to harm the company but to ensure that handlers are compensated fairly and treated with respect. MSA was once a great place to work. Soon, MSA will be great again.

Stay Strong, Stay United
Bill Beaury

Dear Handlers,

I would like to take this opportunity to let you know that Tom Visconti has received his best friend back from MSA.  The MSA management team has decided to do the right thing and we applaud them for this.

Thank You,
Bill Beaury

Family Values Strike Again

The following is a Facebook post made today by the wife of a fellow handler. Click here for the original post. Please share it when you have time.

Today is a very difficult day. We had to give back our dog Augie to my husband’s employer. Augie was a bomb sniffing dog, my husband’s work partner, and his faithful companion for the last 2 years. Unfortunately my husband has been battling a 9/11 related cancer, and his failing health forced him to resign his position as a bomb-dog handler. And although we understand that Augie is legally the property of my husbands employer, we had hoped, considering his older age, that they would retire him a little early and allow him to stay with us. But Unfortunately that did not happen. To the company he is a piece of property that earns them money, but to us he was our family. We are so devastated and heart broken over this loss, and can only hope  he doesn’t stay too long in the training facility, and is placed quickly with a new dog handler that will love him as much as we did.

Another handler treated like family by MSA.

Bill Beaury

Veterans Day

Every year on November 11th, we recognize Veterans Day as a time to honor our country's military veterans, past and present, who fought to protect our freedom and ensure our safety. Please join me in thanking our nation's heroic veterans, including our many MSA employees who currently serve or have served in the military.

Thank You
Bill Beaury

Notice

Everyone should be receiving a corrected version of the form HR sent out last Friday. New York State law requires that MSA notify you of ALL pay rates on the form. Please do not sign this document and continue to reply with the following message.

This is a mandatory subject of bargaining under the National Labor Relations Act. The implementation of this policy is a violation of federal law. Please contact my Union at (888) 864-6601 if you're ready to begin negotiations.

A few of you have asked if MSA can discipline you or terminate your employment for not signing this document. The New York State Department of Labor gives employers the following guidance if an employee refuses to sign...

12. What if a worker refuses to sign the notice?

The employer should still give the notice to the worker and note the worker’s refusal on its copy of the notice.

The sending of this message is considered protected union activity and you're afforded protection under the National Labor Relations Act. As long as you remain calm, courteous, and respectful you'll always be safe. When in doubt, document or record any interaction you feel violated your rights and contact us ASAP.

You can find the NYS DoL Wage Theft Prevention Act FAQ here.

We firmly believe MSA will be using these signed notices as evidence in the settlement conference on November 28th. We believe they will argue that a settlement payment should be at the $18.75 rate because the handlers have already agreed to the rate for at home training of our partners. We will be there to ensure the judge is aware the K-9 handlers of MSA DID NOT agree to this rate. They have stolen enough from us already. Do not let them take another cent. Stay strong, stay united.

Notice From HR

Many of you received an email yesterday from MSA HR regarding a new pay rate. We advise you not to sign and to reply with the message below. If you've already signed the document, send a follow up email explaining that you'd like to recant your signature and include the statement below. If MSA retaliates or threatens you for sending this message, call us ASAP at (888) 864-6601 and legal action will be taken.

This is a mandatory subject of bargaining under the National Labor Relations Act. The implementation of this policy is a violation of federal law. Please contact my Union at (888) 864-6601 if you're ready to begin negotiations.

Our lawsuits against MSA for unpaid wages are nearing judgment and the new canine home care policy is MSAs attempt at coming into compliance with the law. The policy is the perfect example of "robbing Peter to pay Paul." We first heard rumors of this policy in March when MSA management started visiting posts and making promises that they would change things for the better. I think we can all agree that based on this policy, they had no intention of ever making things better for us.

Many of you have asked us, why have Glen Kucera and MSA refused to negotiate? According to our sources, Glen believes we have neither the ability or the willpower to stop him from making these changes. Unfortunately for Glen, what he's done has violated several sections of the National Labor Relations Act (NLRA) and the NLRB is more than happy to force him into compliance. What Glen doesn't realize is his continuing violation of the NLRA may jeopardize MSA's ability to be involved with TSA's third party canine initiative and other Government contracts. Hopefully, he decides to do the right thing and come to the negotiation table before it's too late.

Without a union, we would have zero recourse against MSA and they could continue with business as usual. Now we have the means to fight for what we deserve and bring MSA to the negotiation table. Never again will our only option be to turn in our dogs if we don't agree with MSAs actions. Things will get better, but we all have to stay strong and stay united.

Salary Pay Rate Change Acknowledgement

Earlier today, many of you received an email from HR asking you to sign a salary pay rate change acknowledgement. 

DO NOT SIGN THIS DOCUMENT!

Reply to the email with the following message.

This is a mandatory subject of bargaining under the National Labor Relations Act. The implementation of this policy is a violation of federal law. Please contact my Union at (888) 864-6601 if you're ready to begin negotiations.

If MSA retaliates or threatens you for sending this message, call us ASAP and legal action will be taken.