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.

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