Monday, February 18, 2019

SPFPA CORRUPTION: Federal Investigation of SPFPA Practices Reveals SPFPA Violated Their Members Section 7 Rights


UNITED STATES GOVERNMENT NATIONAL LABOR RELATIONS BOARD SETTLEMENT AGREEMENT IN THE MATTER OF International Union, Security, Police & Fire Professionals of AmericaSPFPA (Exelon Generation Co. LLC) Case 13-CB-222639 

Subject to the approval of the Regional Director for the National Labor Relations Board, the Charged Party and the Charging Party HEREBY AGREE TO SETTLE THE ABOVE MATTER AS FOLLOWS: 

TRANSMISSION OF NOTICE TO AFFILIATED LOCALS - After the Regional Director has approved this Agreement, the Regional Office will send copies of the approved Notice to the Charged Party. A responsible official of the Charged Party will then sign and date those Notices. The Charged Party will transmit a copy of the signed Notice to each of its affiliated local unions and will include an accompanying request that those affiliated locals distribute copies of the Notice to their members in the same manner as other notifications to members are dispersed.

 INTRANET POSTING - The Charged Party will also post a copy of the Notice in English and in additional languages if the Regional Director decides that it is appropriate to do so, on its intranet at and keep it continuously posted there for 60 consecutive days from the date it was originally posted. The Charged Party will send an e-mail to the Region’s Compliance Officer when it submits the Certification of Posting and provide a password for a password protected intranet site in the event it is necessary to check the electronic posting. 

NON-ADMISSIONS CLAUSE – By entering into this Agreement, the Charged Party does not admit to violating any section of the National Labor Relations Act. 

COMPLIANCE WITH NOTICE — The Charged Party will comply with all the terms and provisions of said Notice. 

SCOPE OF THE AGREEMENT — This Agreement settles only the allegations in the above-captioned case, and does not settle any other case(s) or matters. It does not prevent persons from filing charges, the General Counsel from prosecuting complaints, or the Board and the courts from finding violations with respect to matters that happened before this Agreement was approved regardless of whether General Counsel knew of those matters or could have easily found them out. The General Counsel reserves the right to use the evidence obtained in the investigation and prosecution of the above-captioned case for any relevant purpose in the litigation of this or any other case, and a judge, the Board and the courts may make findings of fact and/or conclusions of law with respect to that evidence. By approving this Agreement, the Regional Director withdraws any Complaint and Notice of Hearing previously issued in the above case, and the Charged Party withdraws any answer(s) filed in response. 

PARTIES TO THE AGREEMENT — If the Charging Party fails or refuses to become a party to this Agreement and the Regional Director determines that it will promote the policies of the National Labor Relations Act, the Regional Director may approve the settlement agreement and decline to issue or reissue a Complaint in this matter. If that occurs, this Agreement shall be between the Charged Party and the undersigned Regional Director. In that case, a Charging Party may request review of the decision to approve the Agreement. If the General Counsel does not sustain the Regional Director's approval, this Agreement shall be null and void. 

AUTHORIZATION TO PROVIDE COMPLIANCE INFORMATION AND NOTICES DIRECTLY TO CHARGED PARTY — Counsel for the Charged Party authorizes the Regional Office to forward the cover letter describing the general expectations and instructions to achieve compliance, a conformed settlement, original notices and a certification of posting directly to the Charged Party. If such authorization is granted, Counsel will be simultaneously served with a courtesy copy of these documents.

PERFORMANCE — Performance by the Charged Party with the terms and provisions of this Agreement shall commence immediately after the Agreement is approved by the Regional Director, or if the Charging Party does not enter into this Agreement, performance shall commence immediately upon receipt by the Charged Party of notice that no review has been requested or that the General Counsel has sustained the Regional Director. The Charged Party agrees that in case of non-compliance with any of the terms of this Settlement Agreement by the Charged Party, and after 14 days’ notice from the Regional Director of the National Labor Relations Board of such non-compliance without remedy by the Charged Party, the Regional Director will reissue the complaint previously issued on February 1, 2019 in the instant case. Thereafter, the General Counsel may file a motion for default judgment with the Board on the allegations of the complaint. The Charged Party understands and agrees that the allegations of the aforementioned complaint will be deemed admitted and its Answer to such complaint will be considered withdrawn. The only issue that may be raised before the Board is whether the Charged Party defaulted on the terms of this Settlement Agreement. The Board may then, without necessity of trial or any other proceeding, find all allegations of the complaint to be true and make findings of fact and conclusions of law consistent with those allegations adverse to the Charged Party on all issues raised by the pleadings. The Board may then issue an order providing a full remedy for the violations found as is appropriate to remedy such violations. The parties further agree that a U.S. Court of Appeals Judgment may be entered enforcing the Board order ex parte, after service or attempted service upon Charged Party/Respondent at the last address provided to the General Counsel. 

NOTIFICATION OF COMPLIANCE — Each party to this Agreement will notify the Regional Director in writing what steps the Charged Party has taken to comply with the Agreement. This notification shall be given within 5 days, and again after 60 days, from the date of the approval of this Agreement. If the Charging Party does not enter into this Agreement, initial notice shall be given within 5 days after notification from the Regional Director that the Charging Party did not request review or that the General Counsel sustained the Regional Director’s approval of this agreement. No further action shall be taken in the above captioned case(s) provided that the Charged Party complies with the terms and conditions of this Settlement Agreement and Notice

(To be printed and posted on official Board notice form)

• Form, join, or assist a union;
• Choose a representative to bargain with your employer on your behalf;
• Act together with other employees for your benefit and protection;
• Choose not to engage in any of these protected activities.

WE WILL NOT maintain the following portions of Article XXI of our Constitution and Bylaws within the Constitution and Bylaws or anywhere else:

Section 1 (page 37)

“Conduct unbecoming a Union member may include actions involving disaffiliation or decertification proceedings or the instigation thereof.”

Section 14 (page 40)

“In any case in which it shall appear to the International President that a member or members have engaged in a conspiracy to commit an offense against this International Union, or in those cases where a member or members have caused or instigated disaffiliation or decertification proceedings, the International President may perfer charges against such member or members of this International Union for violation of this Constitution and By ‑ Laws or for conduct unbecoming a member of this International Union, without regard to the existence of an emergency.”

YOU HAVE THE RIGHT to file election petitions, and to participate in or cooperate in National Labor Relations Board proceedings; and WE WILL NOT maintain in our Constitution and Bylaws, or anywhere else, any rules that threaten you with being fined, or with any other punishment, for filing an election petition with the National Labor Relations Board, or otherwise participating or cooperating in National Labor Relations Board proceedings.

WE WILL NOT in any like or related manner restrain or coerce your exercise of rights under Section 7 of the Act.

WE WILL immediately rescind and give no effect to the portions of Article XXI described in the above paragraphs, and WE WILL post a copy of our revised Constitution and Bylaws that does not contain the above rules on our website and distribute copies to our affiliated local unions.

SPFPA has a Long History of Corruption & Embezzlement under the leadership of David L. Hickey


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