The Service Employees International Union (SEIU) wants Wackenhut Services Incorporated (WSI) to sign an exclusive representation agreement with their union, which would circumvent the National Labor Relations Board process for unionization among security employees. WSI has refused to sign this waiver believing it is illegal and that doing so would threaten national security.
- WSI fully respects the right to unionize. We have recognition agreements with 15 unions and union representation within our workforce is four times the average of our major United States competitors.
- SEIU wants WSI to waive a section of the National Labor Relations Act that guarantees WSI the right to have their security guards represented by a 9(b)(3) qualified security guard-only union.
- The 9(b)(3) section of the National Labor Relations Act specifically prohibits the National Labor Relations Board from including guards in the same unit as other employees. It further prohibits the Board from certifying a labor organization as the representative of a plant guard unit if the labor organization has members who are non-guard employees or if it is "affiliated directly or indirectly" with an organization that has members who are non-guard employees.
This section of the law has never been legally amended to allow what SEIU is asking to do.
WSI will not intercede in the legitimate prerogatives of the existing security unions to chart their own futures. WSI will continue to support the right of our employees to organize with the 9(b)(3) union of their choice and WSI will continue to engage in sensible and productive collective bargaining negotiations with our employee unions.
WSI has made the decision to resist the unlawful campaign intended to destroy the legitimate 9(b)(3) unions here in the United States. WSI will not turn its back on our legitimate unions, with which we have a long history, in order to sign an exclusive agreement with a non-security union.
"WSI will not turn its back on our legitimate unions, with which we have a long history, in order to sign an exclusive agreement with a non-security union."
Ignoring The Law Threatens National Security
The 9(b)(3) section of the law exists to protect property and American citizens. Security guards represented by a mixed union would be compelled to be loyal to their fellow union members in the event of a strike - leaving property and citizens unprotected while the guards are on the picket line.
- If the law is ignored there is a possibility that strategic DOE and Defense facilities could have compromised security. In a post 9-11 world there is no room for error when it comes to the protection of NASA, Savannah River, Oak Ridge and Nevada Test Site.
- The National Labor Relations Board does not have the power to make law – Congress does. It should not be left up to appointees of an administrative board to make law by de facto proxy, especially when it comes to the defense of our nation.