Training Agreement

My fellow handlers,

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!

October 24th

To our fellow handlers,

Several operational IEDs have been mailed to political figures and news organizations throughout the country.

Please stay safe and keep your head on a swivel.

A Letter to Glen

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 

Gentlemen: 

As you know, the United Federation of K-9 Handlers (“UFK9H”) has been certified as the collective bargaining unit for all full-time and regular part time K-9 Handlers employed by Michael Stapleton Associates Ltd. (“MSA”). MSA must collectively bargain in good faith any change in existing terms of conditions of employment. See NLRA § 8(a); Litton Fin. Printing Div. v. NLRB, 501 U.S. 190, 198 (1991) (“[A]n employer commits an unfair labor practice if, without bargaining to impasse, it effects a unilateral change of an existing term or condition of employment.”). That duty commenced no later than the certification of UFK9H; arguably, it commenced when UFK9H received a majority of the votes cast in the representation election. See NLRB Operations Memorandum 06-89 (Aug. 31, 2006), found at 2015 WL 7385121.

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.

Update

My fellow handlers,

We are well aware of what MSA is doing and it is being addressed right now. The United Federation of K9 Handlers will always have your best interest in mind. We will post updates as they become available.

Thank You

Family Values

On September 3rd, MSA bosses appeared on television and proclaimed "The dog is family, that’s how we treat them here. It’s really not a working tool for us here at MSA, they’re part of our family." and "It’s very important to us, we want well-adjusted dogs. We don’t just say that as a marketing line. They are family to us. If the dogs aren’t well adjusted and happy, they don’t provide a good service."

Below is an example of MSA treating our partners like "family". How long until MSA decides to give you the "family" treatment?

Click Here for the NY Post Article

He was a loyal partner who loved apples and a comfortable bed after a long day at work — but he won’t be spending retirement with the family that loved him.

That’s because Valiant the beloved bomb-sniffing dog was cruelly removed from his longtime handler — and the man’s developmentally disabled son — after a workplace dispute, the handler claims. Joseph Tallini says MSA Security fired him under false pretenses and then took the 8-year-old yellow Lab, leaving his family “devastated.”

“It was horrible,” Tallini told The Post. Tallini, who is part of an ongoing Manhattan Federal Court lawsuit against MSA, says he twice warned his supervisors earlier this year that Valiant was “drastically” slowing down and could no longer handle grueling 12-hour shifts at the New York Stock Exchange. His cautions “went in one ear and out the other,” Tallini charges, until someone complained about the way Valiant conducted a search. That’s when MSA officials “told me, ‘You put the public at risk,’ ” according to Tallini.

The company fired him on July 31 and threatened a lawsuit if he didn’t return the pooch. “I had to give the dog back because I couldn’t afford to spend $60,000 on a lawyer to fight them,” he said. Handlers are expected to bring their dogs home each day, to further their bond with the animals. Tallini’s son, Timothy, who battles multiple developmental issues, wept at the loss of Valiant, his parents said. “It’s terrible,” said Tallini’s wife, Pat. “He’s upset, he’s crying. You can’t separate the heart from the head.” Valiant “deserves to be treated like a house pet,” she added.

MSA did not return a message for comment.

Hurricane Florence

My fellow handlers,

If you are in the path of the storm, please know that we are thinking of you. If there is anything we can do to help, do not hesitate to contact us and we'll do everything we can to help you and your families. Thank you for all you do and please stay safe.

Bill Beaury

September 11th

Dear fellow handlers,

It's hard to believe that 17 years have passed since the cowardly attacks on this great nation.

I would like to thank those who responded that day and every day since. I would also like to thank our military personnel for their service during these very trying times.

God bless you and God Bless America.

Let's be extra vigilant on this day. Be safe out there.

Regards,
Bill Beaury

A Message from Bill Beaury

Dear fellow handlers,

I'd like to personally thank you for your responses to our request for suggestions. Handlers all over the nation have repeated the same theme over and over; better pay, vacation time, night differential, safer work sites, and to be treated with RESPECT. All of the suggestions have been included in our list of requests and forwarded to the lawyers who are handling contract demands. Please continue to send us any and all ideas you have about improving MSA and continue to encourage your fellow handlers to voice their concerns as well. As most of you know, hammering out a contract can be a long and tedious ordeal and we are ready and able.

It has also come to our attention that MSA management from coast to coast have made statements that they are cutting your hours because of the Union. They are full of soup. Whether it's going from a 12 hour shift to an 8 hour shift or from 50 hours a week to 30 hours a week the fact that handlers are represented by a Union has nothing to do with it. How can the Union be the cause if there has yet to be an official meeting with MSA? Once again, it's business as usual and it has to STOP!!!

Regards,
Bill Beaury

Labor Day

My fellow handlers,

I'd like to wish everyone a happy and safe Labor Day Weekend.

Regards,
Bill Beaury

State Department OIG Investigation

To our brother and sister handlers:

The U.S. Department of State's Office of the Inspector General has determined that the confidentiality agreement MSA requires its handlers to sign is a violation of federal law.

Specifically, MSA cannot gain the benefit of any federal contract unless it rescinds or amends these agreements, allowing handlers the freedom to report WASTE, FRAUD or ABUSE to a designated investigative or law enforcement representative of a federal department or agency. MSA will be receiving an official order from the Government soon. Upon receipt of the order, MSA will have 60 days to take action and notify you of the recision or amendment.

If MSA fails to take action, the Government will terminate its contracts with MSA for default.

Click here for a copy of the State Departments OIG Report