Reminder

To My Fellow Handlers,

This is a friendly reminder to mail in your NLRB ballots. The NLRB office in Brooklyn must receive your ballots by close of business on May 2nd for them to be counted. The ballots will be counted at 10am on Thursday, May 3nd. For your ballot to be counted, you must sign the back of the yellow envelope.

We've also received several phone calls from handlers about field supervisors asking if they've mailed in their ballots. Handlers have been told there is a memo from MSA management asking supervisors to compile a list of who has submitted a ballot and who has not. If you're approached by a supervisor and asked about your ballot, please respectfully decline to provide any information. There is no reason for MSA to know if or how you've voted.

Several handlers have informed us they've contacted the NLRB and have filed complaints. We're asking MSA to cease this attempt to document who has voted. There is no reason for you to obtain this information and it would behoove you to stop before charges are filed.

A Letter from Dave Aboulafia...

Dear Clients:

I have tried mightily to stay on the periphery of the attempts of MSA employees to unionize. However, a barrage of communications from Steve Maritas, and one in particular dated April 13, deserves special mention.

Mr. Maritas runs a professional union organizing group who has attempted to commandeer, for his own purposes, the union being formed by the UNITED FEDERATION OF K9 HANDLERS led by Bill Beaury, Joe Nacarlo, and others.

You're all in law enforcement, and your instincts are better than mine. So let me point out the obvious.

Maritas uses the letters "US" in his logo, purposely suggesting an affiliation with the United States government. This is a potential violation of federal law.

He talks in the language of sales. That should be obvious to you all. He incorporates the phrase "Benevolent Association" in the title of the organization. He is a strong arm union organizer, not the PBA, and his goal is self-serving financial gain, and not philanthropic. He has already suggested how much money he wants from MSA employees in dues.

Maritas spells the word "Association" wrong in his letter. He also spells the word "Security" wrong. Both are in the title of his own organization. This kind of tomfoolery and sloppiness says a lot about the person writing the letter.

Now, in a somewhat desperate move, he is petitioning Bill to "join forces" with him. What poppycock.

Since Maritas has questioned the quality of the Federation's legal representation, I add this: If the United Federation conducts collective bargaining with MSA, I am told that I am the one who will be selected to do it. I am not a simple country lawyer. I am a contracts litigator and drafter in the heart of Manhattan Island, who litigates (as do my co-counsel) against some of the best attorneys in the world. I don't give a crap who is on the other side. My grandfather founded a Union that is now part of the Teamsters. My best friend in the world works beside you right now. And, thanks to my 214 clients, I have gained an intimate knowledge of the goings-on inside MSA.

Any good detective or poker player knows what a "tell" is: A simple thing that tells worlds about the person in front of you. I've hoped you've picked all this up. If you want a union, vote for the United Federation.

And one more thing: If any of you have been harassed or threatened over participation in the Union or the Lawsuit, you need to let me know.

Regards,

Dave Aboulafia

NLRB Ballots

If you have not yet received a union election ballot in the mail, please contact the NLRB office in Brooklyn and ask for Mr. Shao Chen. Mr. Chen is the board agent assigned to the election. There is absolutely NO reason for you to be contacting Peter Deegan. Peter Deegan has no business distributing information or advice related to the union election. Regardless of how you plan to vote, ONLY contact the NLRB for information about your ballot or the election.

Mr. Shao Chen
718-765-6186
shao.chen@nlrb.gov

Region 29 NLRB Office in Brooklyn
718-330-7713

NLRB National Toll-Free Line
1-844-762-6572

If you have not received a ballot. Call these numbers until you receive verification that a new ballot is being mailed to you.

If you live in the following states, your ballot might be delayed:

Connecticut, Massachusetts, Maine, New Hampshire, New Jersey, Puerto Rico, Rhode Island, and Vermont.

When MSA distributed the list of employee addresses, their spreadsheet removed the first zero from the states ZIP codes. The NLRB then mailed the ballots out with a four digit ZIP code. Most likely, they will make it to their destinations but if you have not yet received the ballot, contact the NLRB and ask for a replacement.

News From the Front...

On April 16th 2018, the attorneys for the many lawsuits against MSA Security submitted an amended consolidated complaint. This complaint adds the newly hired President of MSA, Glen Kucera, as a defendant. It also adds the board of directors as defendants. They are George Harvey, Jessica A. Johnson-Cope, David Ferguson, John McKee, and Gilbert "Chip" Baird. PWP Growth Equity, the investment fund that currently owns MSA, has also been named as a defendant. David Ferguson, John McKee, and Chip Baird make up the leadership of PWP Growth Equity. You can find their contact info and bios here. The amended complaint is included below.

Voting Instructions

I'm sure all of you have received an email from Glen Kucera about the NLRB voting procedures. We wanted to address the following passage:

This week, on April 11th, the National Labor Relations Board (“NLRB”) mailed out to each of you the ballot for the upcoming union election. You should receive your ballot by no later than April 13th. If you do not receive your ballot by April 16th, you should let Peter Deegan know or contact the NLRB directly by calling Mr. Shao Chen, the NLRB Agent handling the election at 718-765-6186 or by email Shao.chen@nlrb.gov. The NLRB mailed the ballot to your home address we have on file.

If you believe there is an issue with your ballot or you have not yet received a ballot, there is absolutely NO reason for you to contact Peter Deegan. He is not an agent of the National Labor Relations Board and any information he provides you can not be guaranteed to be correct. Regardless of how you are voting, you should only be contacting Mr. Shao Chen, the NLRB field examiner assigned to the election. If you can not reach him you may also contact his supervisor Ms. Kate Anderson. Their contact info is below.

Mr. Shao Chen

718-765-6186

shao.chen@nlrb.gov

Ms. Kate Anderson - Supervisory Field Examiner

718-765-6181

You may also contact the main telephone number for the Region 29 NLRB office in Brooklyn at 718-330-7713.

A Letter from John Harvey, former Director of EDC Operations at MSA

Many of you may not know me. I left MSA Security in January 2015. I was a long time employee of MSA Security going back to the late 80's when the company was first founded. I am retired NYPD, and most of my police career I spent in the Emergency Services Unit and the Bomb Squad. In the Bomb Squad I served as both a Bomb Tech and an EDC handler. I was the first to graduate from the NYPD Bomb Squad single-handler EDC Team program. I moonlighted as a screener and EDC handler while still active PD and when I retired in late 2001, I went to work full-time for MSA as both a SmartTech Operator and an EDC handler when needed. From September 17th, 2001 till January 2002 I worked full-time as an EDC handler at 1 New York Plaza until I was appointed to be the first Director of Canine Operations. At that time we had perhaps 20 canines who worked with multiple handlers. I was responsible for getting MSA onboard with a single-handler, single purpose canine, and I would have to say that was my proudest achievement. We began our affiliation with Puppies Behind Bars (PBB) through a referral from Ken Silva (God rest his beautiful soul). Ken was an NYPD Bomb Squad Master Trainer & PBB trainer and he made the introduction for me at PBB. The relationship MSA Security began with PBB was probably the single greatest thing to happen to the EDC Program. I was interviewed for almost three hours by the Director of PBB, and the one thing she demanded, the one thing that was non-negotiable for her was that the dogs never be kenneled, they must live with the handler and their family and get a chance to be a normal dog. I made that promise to her without reservation because I knew in my heart and my head that it was the right thing to do. A happy, healthy and social dog that has a strong bond with their handler is a more effective working dog. It was best for the dog, it was best for the handler and ultimately it was best for the client and the MSA EDC Program.

I have watched from a distance what has been going on these past few years since I left MSA, and it saddens me to see that so many employees are so unhappy with their current status as a handler at MSA. I have always felt the handlers were the face of MSA Security for the client and were deserving of my respect and appreciation.

I have decided to write this letter because I can say without hesitation or reservation that Bill Beaury and Joe Nacarlo are two of the finest men I know, and for anyone to refer to them as "disgruntled ex-employees" is a damn shame. Their integrity is unquestionable and they are both honorable men. What makes it even worse is the comment was made by someone new to the company who probably has no idea what MSA was like in the days, weeks, months and years post 9/11. It was an honor for me to work with them as an Emergency Service Officer, and it was a privilege to hire them as EDC handlers for MSA Security. It was the integrity, dedication, experience and credibility of men like Bill and Joe that helped make the MSA EDC Program so successful. It was guys like Bill and Joe who would work 12 hour days at Ground Zero and would still take a post for four hours so I could sleep in my car. Guys like Pat O'Connor, Jim Ludwig, Frank Keane, Joe Belcastro, Les Staubitz, Mark Demarco, Eddie Joergens, Ken Silva and many others who helped MSA build the program the right way.

I never professed to be a canine expert or a canine trainer, but I was trained by three of the best canine trainers in the country while in the NYPD Bomb Squad. Tim Dinan, Ken Silva and Karen Engdahl. All I did was use what they taught me while I was in the Bomb Squad at MSA, and it worked. I was also fortunate that they came to work at MSA. Having them as handlers made my job quite a bit easier. I won't say anything negative about MSA, I had a good run, but my time had come so I moved on. To be 100% transparent, I have always respected Mike O'Neil and Keith Mulcahy is someone I consider a good friend. If you decide to have a Union, then so be it, I have no dog in this fight. It makes more sense to me to have representation from guys like Joe and Billy whos reputation as EDC handlers and police officers is above reproach. They have always put the interests of the handlers first. If you look at Bill and Joe's experience in the NYPD and with MSA and compare it with anyone else looking to represent you, the choice is very clear.

Respectfully,
John Harvey

An Open Letter to Steve Maritas...

Dear Steve,

The United Federation of K9 Handlers leadership informed you in March that we did not want your help. You told us you would withdraw from the election. You didn't. You wanted us to affiliate with your union and pay you tribute. We said no. You copied everything we proposed and made it seem like it was your idea. You forwarded and agreed with letters that MSA had sent disparaging decorated members of the NYPD.

You want to represent decorated Police Officers and Veterans of our armed forces yet when we refused your offers you said "the problem is they're cops... dickheaded stupid guys." Well this highly decorated New York City Police Officer and our leadership of decorated Veterans and Police Officers have only one thing to say to you. Please go away. We don't need or want anything you have to offer.

Bill Beaury

P.S.
Your comments about us have been forwarded to every Police Officer in the five boroughs and surrounding counties.

Service Contract Act

Steve Maritas and LEOSU have mentioned that we know nothing about the Service Contract Act (SCA). Steve is a self proclaimed SCA expert because he primarily represents security guards that work at Government facilities. The SCA only applies to contracts a company has with the Federal Government. The majority of MSA's contracts are with private companies which means the SCA does not apply to them. One of our members, Tom Brown, primarily works Federal contracts and began to notice that every other security guard at his post was receiving fringe benefits that they stated were "required." Tom began to do some research on the SCA and brought the issue to the attention of management.

When the talk of a union first started in July, management initiated their first round of post visits to ask handlers about their concerns. On July 27th, 2017 Keith Mulcahy visited Tom at 26 Federal Plaza in lower Manhattan. Keith asked Tom about any concerns he had about the company. Tom questioned Keith about the Service Contract Act and the associated fringe benefits required with working a Government contract. Tom posed the question to Keith because he's listed as a point of contact for Government contracts on the price schedule MSA provides to the General Services Administration. Who better to pose a question about Government contracts than to MSAs point of contact for Government contracts? Keith didn't see it that way. Below you can find Tom's statement he provided in his defense after Keith demanded he be disciplined for daring to question managements policies. This isn't the last time Keith and Tom have had a disagreement about labor as I'm sure many of you are aware. That's a story for a different day.

The fringe benefits Tom referenced can be found in this wage determination for New York City. The wage determination says anyone working on a contract MSA has with the Federal Government must receive the following fringe benefits.

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $4.41 per hour or $176.40 per week or $764.40 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or

successor; 3 weeks after 5 years, 4 weeks after 10 years, and 5 weeks after 20 years.

  Length of service includes the whole span of continuous service with the present

contractor or successor, wherever employed, and with the predecessor contractors in

the performance of similar work at the same Federal facility.  (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of eleven paid holidays per year:  New Year's Day, Martin

Luther King Jr's Birthday, Washington's Birthday, Good Friday, Memorial Day,

Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and

Christmas Day.  A contractor may substitute for any of the named holidays another

day off with pay in accordance with a plan communicated to the employees involved.)

(See 29 CFR 4.174)

The Service Contract Act (SCA) is a fantastic law, unfortunately it only applies to contracts with the Federal Government. When Steve says he can have MSA apply the SCA unilaterally to every contract, it's just not possible. We have requested every city, state, and federal contract that MSA has through the Freedom of Information Act. The only agency capable of enforcing and recovering damages associated with the SCA is the Department of Labor, Wage and Hour Division. You can not sue MSA for SCA violations in court. When the agencies that do business with MSA respond to our FOIA requests, the contracts will be delivered to the Wage and Hour Division to be investigated for compliance. We're confident every contract MSA has with city, state, and federal Government agencies has a clause requiring them to furnish us certain fringe benefits. Below you'll find the clause in the contract for 26 Federal Plaza in NYC.

We predict MSA's response to this post will be that because our wages are higher than the prevailing wage rate for Detection Dog Handler, then their obligation to provide us fringe benefits has been satisfied monetarily. This isn't exactly true. It is possible for MSA to provide fringe benefits in the form of a cash payment, separate from our wage payments, for up to 40 hours a week, up to a total of 2080 hours a year. This method evenly distributes their obligation over an entire year. MSA cannot offset an amount of monetary wages paid in excess of the wages required under the wage determination in order to satisfy fringe benefit obligations under the SCA. This is confirmed in the Code of Federal Regulations, Title 29, Subtitle A, Part 4. The CFR can be found in its entirety here.

§4.170   Furnishing fringe benefits or equivalents.

(a) General. Fringe benefits required under the Act shall be furnished, separate from and in addition to the specified monetary wages, by the contractor or subcontractor to the employees engaged in performance of the contract, as specified in the determination of the Secretary or his authorized representative and prescribed in the contract documents. Section 2(a)(2) of the Act provides that the obligation to furnish the specified benefits “may be discharged by furnishing any equivalent combinations of fringe benefits or by making equivalent or differential payments in cash under rules and regulations established by the Secretary.” The governing rules and regulations for furnishing such equivalents are set forth in §4.177 of this subpart. An employer cannot offset an amount of monetary wages paid in excess of the wages required under the determination in order to satisfy his fringe benefit obligations under the Act, and must keep appropriate records separately showing amounts paid for wages and amounts paid for fringe benefits.

We sincerely hope Keith and MSA will take a second look at their contracts with city, state, and local Government to ensure they are in compliance. This includes the contracts they have with the City of New York and their four year, $95,280,190 contract with the Department of State in Winchester, VA.

You can find information on MSA's contracts with the Federal Government, including the amount of money they receive, by clicking here.

Dear Steve...

My fellow Handlers,

First I'd like to thank our brothers and sisters in the Chicago area that chronicled the adventures of Glen Kucera and Keith Mulcahy in the windy city. Hopefully they were able to try some deep dish pizza. By all accounts, it would have been their only accomplishment there.

Next we'd like to address Steve Maritas. We waited until today to address his constant emails and text messages for a simple reason. We wanted to see how MSA would respond to his claims, reputation, and the overall idea of having him involved with their business. As far as we're aware, MSA hasn't responded at all. How could that be? I could understand the silence if all of Glen's emails were directed at both unions interested in representing the handlers but the letters had a distinct pattern. Namely, the "two disgruntled ex-employees" named Bill Beaury and Joe Nacarlo. If MSA has such an important distinguished reputation to protect, why would it focus its energy attacking retired members of the NYPD Emergency Service Unit instead of a man with a questionable record who never served in the military or as a law enforcement officer? That seems like a strange thing for Glen and MSA to decide to do. Perhaps Glen has had a conversation with Steve and they've reached a mutual understanding?

Steve was involved in the initial organizing effort at MSA. He desperately wanted the ability to advertise the fact that his union was the one that finally organized MSA. He needed the ability to advertise that he represents an organization comprised solely of retired Police Officers and Veterans. He quickly realized he was in over his head. After a few weeks of being rejected by handlers who had researched his background, he decided to abandon the effort. Suddenly, Steve resurfaces after our petition for an election is filed with the NLRB. He offers to affiliate with us if we would pay him $3 per handler in the union. We outright refused. None of us wanted to be involved with a person with his background. This upset Steve quite a bit. So much so that he proclaimed "the problem is that they're cops... dickheaded, stupid guys."

He has shown he had no plan for after the election by copying nearly every bargaining point we proposed. Steve declared we have no knowledge of the Service Contract Act. In the beginning, Steve's selling point was that MSA was not paying the prevailing wage for Detection Dog Handler required by the Service Contract Act. The prevailing wage for Detection Dog Handler is $20.36. Link to the Wage Determination for New York City. Shortly after finding out his claims about the prevailing wage were incorrect, Steve disappeared.

Steve has quite the compromising background. Could Glen Kucera and MSA really be that desperate that they would make a deal with Steve? A deal that would ensure MSA would not publicly discredit Steve and LEOSU? In the beginning, MSA did everything they could to attack Steve including sending him a cease and desist order from their lawyers. Now they are completely silent. Maybe Glen could explain to us what has changed?

A Letter from John Barrett...

I don't usually comment but I feel compelled in this situation. Many of you don't know me. My name is John Barrett. I'm a Marine Corps Veteran and served 20 years with the NYPD. I retired as a Sergeant in the Detective Bureau. I have worked as an EDC handler at MSA for 7 years. The only choice is the "United Federation of K9 Handlers". Bill Beaury, Joe Nacarlo, and John Hansen are the most stand up guys you'll ever meet. They were all handlers and became supervisors in an attempt to make things better for all handlers. They were unfortunately hit with resistance from higher ups. They know more about the company and its clients than most presently employed as supervisors. Kucera and this clown Maritas couldn't shine their shoes. All five of the board members have nothing but our best interest in mind. They are the best and only group that can lead us in the right direction. Every statement they make is backed up by proof and documentation. There is only one choice. One vote for honesty and integrity. It's the United Federation of K9 Handlers.

Thank you for your time,
John Barrett

Dear Glen...

As many of you are aware, Glen is still sending out letters. The man who claims to have your best interest in mind has reminded everyone that he owns your dog. Sure they're attached to us almost 24 hours a day, spend vacations with us, and have become a part of our family but Glen wants to make sure that you know they're his dogs. Can Glen issue the command to confiscate over 350 dogs from Veterans and Police Officers? Yes, he can. Would he? Well that depends on the kind of person Glen is. If he thinks it's in MSA's best interest to refuse to negotiate with us and instead end up on the front page of the NY Post for all our clients to see, then I pity him.

The last thing we want is for MSA to lose business or go bankrupt. Could we inflate a giant rat outside of several of MSA's clients in downtown Manhattan? Of course, but we choose not to. If MSA loses clients, we lose posts and hours. Let's get serious for a moment. If we were to strike, MSA would have a few things to do before it could start to fill posts.

1. Confiscate over 350 dogs from handlers across the country.
2. Somehow get those dogs to Connecticut to be given to new handlers.
3. MSA would then have to ensure there were over 350 new handlers waiting to be matched with our dogs.
4. Train these handlers for two and a half weeks.
5. Explain to the Guide Dog Foundation and Puppies Behind Bars why they've been breaking labor laws for years and instead of deciding to abide by the law, they decided it was better to remove the dogs from their established families and give them to random handlers.
6. Bring Keith Mulcahy out of the office and assign him a post. (Be careful with this idea Glen, Keith demanded money from the NYPD in the late 90s for take home care of his dog, Poca, based on the lawsuit Reich vs. MTA)

We've said it from the beginning, we have no desire to strike. It hurts the clients which will ultimately hurt the handlers. Does that mean it could never happen? Absolutely not. MSA is defending itself in court against several labor lawsuits. If they made some of the changes we've requested, it would actually limit their total responsibility for payment of back wages.

"All they can do is ask for things and hope MSA agrees." Does that sound like an employer that is bargaining in good faith? I didn't think so. Contract negotiation is exactly that, a negotiation. Believe it or not, it is actually mandatory for Glen to negotiate with us on many subjects. The National Labor Relations Act has this to say...

Required subjects of bargaining. The duty to bargain covers all matters concerning rates of pay, wages, hours of employment, or other conditions of employment. These are called “mandatory” subjects of bargaining about which the employer, as well as the employees’ representative, must bargain in good faith, although the law does not require “either party to agree to a proposal or require the making of a concession.” In addition to wages and hours of work, these mandatory subjects of bargaining include but are not limited to such matters as pensions for present employees, bonuses, group insurance, grievance procedures, safety practices, seniority, procedures for discharge, layoff, recall, or discipline, and union security.

Duty to bargain defined. An employer who is required to bargain under this section must, as stated in Section 8(d), “meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement or any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party.” What constitutes a violation of Section 8(a)(5). An employer, therefore, will be found to have violated Section 8(a)(5) if its conduct in bargaining, viewed in its entirety, indicates that the employer did not negotiate with a good faith intention to reach agreement. However, the employer’s good faith is not at issue when its conduct constitutes an out-and-out refusal to bargain on a mandatory subject. For example, it is a violation for an employer, regardless of good faith, to refuse to bargain about a subject that it believes is not a mandatory subject of bargaining, when in fact it is. 

Link to the NLRA guide.

I highly doubt the union and MSA would not come to an agreement during contract negotiations. We're not asking for anything that is so outrageous that MSA could not negotiate with us. Several of our demands, such as training time and reimbursement for expenses, would bring MSA into compliance with Federal labor law. Something that benefits both us and MSA.

Glen seems to enjoy threatening to reduce or remove benefits. Why would you think about taking away our benefits Glen? Are the points we've brought up that outrageous that it would necessitate taking that away? I challenge you to find a handler that doesn't submit an expense report for well over $400 every month. Is requiring contracts to have provisions for heat, AC, and fresh water for the dogs an impossible request? Is covering the medical costs of dogs injured in the line of duty too much to ask? Are pay raises based on our performance that hard to imagine? It's not so hard if you try Glen.

Glen is right, there is no time limit to negotiations. Glen has reportedly told a few of you at the Staten Island Ferry that he has "very expensive lawyers" and that he could "drag it out for years." That's ok though, he has our best interests in mind. He does mention MSA might want to implement changes on its own but can't if there's a union. The effort to unionize MSA started in July 2017. Has our quality of life improved at all since then?

In his time at MSA Glen has...

1. Granted us one bereavement day.
2. Protected Holland Laplant from termination after being caught blackmailing several handlers. Holland had offered better hours and posts to handlers that would lie to the clients about why the post wasn't filled. He would offer this after telling the client it was the handlers fault leaving them in a catch-22.
3. Encouraged Holland to implement a new scheduling system in an attempt to transfer the blame for Hollands scheduling errors to the handlers. This is why we're GPS tracked every time we clock in now. Holland claimed posts were unfilled because we were no shows, not because he had no idea what he was doing.
4. Neglected several contracts that MSA has maintained for years causing clients to seek other companies.
5. Adopted a new payroll system that is both confusing and inaccurate.
6. Reduced our hours in an attempt to cut costs.

Unfortunately, Glen is under the assumption we have no understanding of the law. Yet every claim we make is backed up by a link to an official US Government website or document. Glen's claims are backed up by his signature at the bottom of his letter. Glen also claims we are adversarial. If he's hurt by the documents we've posted regarding his past then I suggest he make better choices in the future. Mike announced the hiring of Glen on October 4th 2017 and said Glen "successfully managed two service companies, Paramount Building Solutions, Inc. and GCA Services Group through periods of rapid growth." Do you think informing us that both these companies sued Glen for damages is information we're entitled to? What about that he was fired from GCA for "gross financial negligence" before bankrupting the company? Glen may be hurt by this information but that does not mean we're not entitled to know the background of the man who's now "acting in our best interest." To be fair Glen, it was "adversarial" to implicate us in several crimes in one of your early letters.

Like we stated earlier, we have no desire for MSA to lose business or go bankrupt. However, we do believe MSA has the substantial ability to improve the quality of life for its employees. We also believe Glen will receive a substantial bonus based on the valuation of the company when it's sold. Keeping labor and benefit costs low would increase the valuation of the company. If this is untrue, Glen and Mike can simply make their employment agreements public to prove they are acting in our best interest or they could go back to burying coffee cans full of cash in their backyards.

News From the Front

On April 6th, Judge Alison J. Nathan conditionally certified the lawsuits against MSA as class and collective actions. EDC handlers that worked in New York for any period of time from July 18, 2011 to the present, or in California for any period of time from July 18, 2014 to the present are automatically included. Employees who worked in New York or California do not have to do anything to join the class actions.

If you don't work in New York or California, don't worry. There is an FLSA collective action that will be sent to you. EDC handlers that have worked for any period of time from May 22, 2014 to the present are eligible to join the collective. If you want to be included in the FLSA collective, you MUST fill out and return the form that will be mailed to you in the coming weeks.

Everyone in the union leadership is also a named plaintiff in the lawsuits and is willing to testify under oath to ensure MSA does not continue these practices. We want to ensure that all handlers are properly compensated for the work they do. The lawsuits will ensure we are paid for the work we've already done and a union will ensure we are properly compensated in the future.

We've made the order from Judge Nathan available below. It gives the time frame for the mail outs, explanations of the different classes, and the dates former handlers must have worked to be eligible. If you have any questions, feel free to comment or email.

A Message From Bill Beaury

To my fellow handlers,

We are well aware of the tactics being used by MSA to discourage you from unionizing. We'd like to thank the many handlers that have relayed what you've been told by MSA during their numerous post visits. You must ask yourselves, why are they so afraid of a union? Why after all these years are they suddenly getting out from behind their desks and taking an interest in what you have to say? Where were they years ago when these issues were first raised? Why has the MSA motto of "if you don't like it, quit" suddenly disappeared? Do you honestly think MSA would voluntarily continue this dialogue or go back into hiding?

The reason behind forming our own union is simple. There is no union that has experience representing K9 handlers. We created the United Federation of K9 Handlers to represent the best interests of you and your partner. Our leadership is made up of current and former handlers who are willing to stand up to MSA and demand fair and respectable treatment for all handlers.

Finally, I'd like to address Mr. Kucera's comment about "two disgruntled ex-New York employees." He was referencing myself and Joe Nacarlo. I assume we were not named to deter you from researching our reputations. We left MSA after thirteen years of faithful service. In our final years, we became field supervisors at MSA in an attempt to change the way handlers were treated. We were met with overwhelming resistance.

We must not allow MSA to return to business as usual. Cast your vote for the United Federation of K9 Handlers.

Respectfully Submitted,
Bill Beaury

What We Will Fight For

Below you'll find a list of what we will be fighting for after the election. We welcome any and all suggestions from every handler in the country. Any contract that is negotiated with MSA can only be approved by a majority vote of every K9 handler in the country. Email nopaymsa@gmail.com with any additional demands you'd like to see added.

Care for Your Partner

• After your dog turns seven, you have the option to keep your dog if you decide to leave the company.
• Dogs will be retired at age nine. You'll have the option to keep your dog or return it with no repercussions.
• If MSA medically retires your dog at anytime, they will be responsible for the dogs veterinary care for the remainder of the dogs life.
• If you dog retires in good health, MSA will pay for 3/4 of the veterinarian bills and the handler will pay for the remaining 1/4 at the company discount price. One well visit per year is included with required shots.
• If your retired EDC needs to be put down for any reason, MSA will be responsible for all related costs.

Stipend and Compensation

• The monthly stipend will immediately increase to $800 per month. It will then increase $100 per year until it reaches $1000 per month.
• The starting pay will remain at $26 an hour. After a six month probationary period, handlers will receive a $1 raise to $27 an hour.
• After probationary period, handlers will receive performance evaluations tied to a $1 an hour raise per year.
• Home maintenance and training of your K9 will be paid at your normal rate, one hour per day, seven days a week, 365 days a year. The seven hours per week of home care will be factored into weekly overtime calculations. For example, if you work 40 hours a week, the seven hours will be paid at the overtime rate of time and a half.

Quality of Life at Worksites

• All sites must be able to accommodate a handler and K9. Heat will be available in the winter. Air conditioning will be available in the summer. Fresh water will be available at all times. A crate in a sheltered area will be provided for rest periods.

Removing K9s from Handlers

• Before a K9 is removed from a handler for any disciplinary reason, a group of four senior handlers will meet and have the final say.

Vacation Time

• 1-2 Years = 5 days + 5 sick days
• 2-4 Years = 10 days + 5 sick days
• 5-7 Years = 12 days + 5 sick days
• 7+ Years = 15 days + 5 sick days

Vacation Picks

• Picks will be based on seniority starting January 15th.
• Unused vacation and sick days will be paid at your normal rate by January 15th of the following year unless handlers submit in writing that they would like the time to be carried over.

Breaks

• MSA will provide enough dog teams to provide sufficient lunch breaks to locations that do not provide for meal breaks. They will also provide transportation costs for relief teams to move from site to site with sufficient time to give all proper relief. If no meal relief is given, you will be paid double time for a missed meal.

Notification of Tours

• If you are asked or notified to work a tour less than five days in advance from the start of the tour, you will be paid at time and a half your normal rate.
• If you are notified 48 hours or less before the start of the tour, you will be paid double your normal rate.

Uniforms

• Upon Hire, every handler will receive a winter jacket, two pairs of pants, two short sleeve shirts, and two long sleeve shirts. 
• Every six months, every handler will receive a new pair of pants and shirt.
• Every year handlers will receive a new leash and collar.
• Every two years, handlers will receive a new winter jacket.
• $1500 uniform allowance per year for uniform upkeep and dry cleaning.

Travel

• If you agree to travel you must be notified two weeks prior of complete itinerary.
• Travel days will be compensated at your normal rate plus five extra hours per travel day.
• Transportation costs to and from the airport will be paid by MSA.
• During your stay, handlers will be compensated at $15 per hour for non work hours.
• If you agree to use your personal vehicle for travel, you will be reimbursed at .75 cents per mile.
• If you do not agree to use your personal vehicle, MSA must rent you an appropriate vehicle.
• Reimbursement for meals will be $50 per day. Payment will be five days prior to the beginning of the trip.
• All travel expenses incurred by handlers will be paid in full five business days after MSA receives the receipts or handlers will be owed interest.
• Being assigned to worksites outside of the area you were hired to work will be considered travel and will be reimbursed at .75 cents per mile. For example, if you're hired to work in Los Angeles but assigned to a post in San Diego, you will be paid travel and $50 per day for meals.

Parking

• Parking at all sites will be the responsibility of MSA. If you are instructed to park in the street and are ticketed or towed, MSA is responsible for the costs.

Training

• NAPWDA certification will be paid at your normal rate plus five hours for travel.

Weather

• For any storm that will anticipate a state of emergency, hotel rooms and parking will be made available for all working tours and incoming tours.
• For any forecast with the anticipation of 6 inches or more of snow, hotel rooms and parking will be made available.
• Meal stipends will be included at $50 per day.
• Individual rooms may be necessary for aggressive dogs.

Cruise Ship Terminals

• K9 teams posted on the roof when the temperature reaches 85 will not work for one hour and then rest for one hour.
• K9 teams working the stores will also work for one hour and then break for one hour.
• MSA will provide a clean and equipped break room.