Bruno W. Katz (Partner-San Diego, CA) and Christina M. Heischmidt (Partner-McLean, VA) defended a nonprofit religious organization that runs a Residential Re-entry Center (RRC) in Maryland, for former prison inmates and employs Security Specialists. The International Union, Security, Police and Fire Professionals of America (SPFPA) filed an election petition with the NLRB for a vote to recognize the SPFPA as the union for the Security Specialists. Our client opposed this petition based on lack of jurisdiction as a religious organization. At the same time, the SPFPA filed an unfair labor practice (ULP) against our client alleging the suspension and ultimate termination of some Security Specialists in violation of the National Labor Relations Act (NLRA) because they were exercising their rights to seek and campaign for unionization. 

Bruno and Christina provided evidence that the RCC is funded through a grant from the federal Bureau of Prisons (BOP), which requires employees to have a BOP security clearance. The evidence showed the suspension and eventual termination of employment of the employees along with one of the supervisors was mandatory as they did not have the required security clearance. There was evidence of other non-complaining/ union supporting employees whose clearance was pulled by BOP who were also terminated. As a result of Bruno and Christina’s vigorous defense, the NLRB Regional Director ordered the ULP dismissed due to insufficient evidence to establish a violation of the NLRA. The Union also withdrew its election petition seeking recognition. The time to appeal the decision has now passed.