UNITED STATES GOVERNMENT NATIONAL LABOR RELATIONS BOARD PETITION INTERNET FORM NLRS402 (2.08) INSTRUCTIONS: Submit an inai of this Petition to the NLRB Regional THIS SPACE 11-24-09 12—RC-9389 Office In the in which the employer concerned is located. The Petitioner alleges that the following circumstances exist and requests that Ihe NLRB proceed under its proper authotity pursuant to Section 9 o the NLRA. I. PURPOSE OF THIS PETITION (if box RC, RN, or RD is checked and a charge under Section 8(b)(7) of the Act has been Red Involving the Employer named herein, the state entfcllowing the description of the type of petition shall not be deemed made.) (Check One) RC4ERTIFICA11OtJ OF REPRESENTATIVE-A substantial number of employees wish to be represented for purposes of collective bargaining by Petitioner and Petitioner desires to be calmed as representative of the employees. RU-REPRESENTATION (EMPLOYER PETITION) - One or more individuals or labor organizations have presented a claim to Petitioner to be recognized as the D representative of employees of Petitioner RD-OECERDFICATION (REMOVAL OF REPRESENTATIVE) -A substantial number of employees asaertlhat the cestltled or currently recognized bargaining representative is no longer their ispiweentative. UO-WIThDRAWAL OF UNION SHOP AUThORITY (REMOVAL OF OSUCATION TO PAY DUES) - Thirty percent (30%) or more of employees inn bargaining wet covered by an agreement between their employer and a labor organization desire that such authority be rescinded. UC4)NITCLARIF1CAflON-A labor organization is cwrenlly recognized by Employer, but Pa iticner seeks darillcation of placementof certain employees (Check one) Din unit not previously certified. Din unit previously certified In Case No.________________ AC-AUENUuiNTOP CERTIFICATION- Petitioner seeks amendment of certification issued In Case No.__________________________ D Attach statement descthmg the specific amendment sought O D D O I NPTA-IUPA Fundraising Center Matt Edelson 877-733-0004 ax No. 3200 Flighuine Drive, Lakeland, Ft. 33811 4a. Type of Establishment (Factory, mine, wholesaler. etc.) or service Telephone call Center iCell No. Cal Center Operation 5. Unit Involved (In UC pefihion, describe pement bargaining unit and attach description of proposed clailflcatian.) Se Number '1ftiarkedeg Employees Excluded Clerical employees, supervisoty employees as defined in the Act V1 Yes empleyees in the unit? ¶lotspplicatrleleRM, UCWdAC (If you haie checked box RCin I above, char-Ic end complete EffliERltarn 7a pr7b whichever-is apØcable) 7a [] Request for recognition as Sergeinsig Representative was made on (Data) recognition on or about (Data) (if no reply received, so state). 7b. Petitioner is currently recognized as Bargaining Representative and desires certification undertheMt. 8. Name of Recognized or Certified Bargaining Agent (if none, so state.) D and Employer declined 0 Affiliation None Date of Recognition or Certification je-Mall Fax No. any union re now a strike or Involved? so, approximately how many employees are Yes lic. The Employer has been picketed by -on behalf of (Insert Name) organization, cit (hisedAc**ess) ,a labor Since (Month, Day, Year)_________________ 12. Organizations or individuals other than Petitioner (and other than those named in items Sand 110), which have clam and individuals known to have a representative interest in any employees in unit described in item above. (If none, so Name I Address lTel. Cell No. 3. Fitt name ct'partytlling petition re-MalI name, including local name and number) Independent Telemaiketeis Union 14b. Tel. No. 5. Full name of national or 14c. Fax No. 14d. Cell No. 14e. 9-Mal r Petitioner is an affiliate or constituent (to be tilled In when petition is filed bye labor- organIzation) tnienb are true to the John EXT 813-215-6631 P.O. Box 1752 Sarasota, FL 34230 of my knowledg9pnd bellof. a lft I President T TeI. o. P.O. Box 1752 } Cell No. I 051st PRIVACY ACT STATEMENT Solicitation of the information on this form is authorized by the National Labor Relations Act (NLRA), 29 U.S.C. § 151 of seq. The principal use of the information is to assist the National Labor Relations Board (NLRB) in processing unfair Iaborpractice and related proceedings or litigation. The routine uses for the information are fully set forth in the Federal Register, 71 Fed. Req. 7494243 (Dec. 13,2906). The NLRB will further explain these uses upon request Disclosure of this information to the NLRB is tdunteiy, however, failure to supply the information will cause the NLRB to decline to invoke its processes. (Z United States Government NATIONAL LABOR RELATIONS BOARD Region 12 Telephone 813-228-2641 201 E. Kennedy Boulevard, Suite 530 Facsimile 813-228-2874 Tampa, Florida 33602-5824 www.nlrb.gov November 24, 2009 Matt Edelson NPTA-IUPA Fundraising Center 3200 Flightline Drive Lakeland, FL 33811 Re: NPTA-IUPA Fundraising Center Case: 12-RC-9389 Dear Mr. Edelson: Enclosed is a copy of Petition for Certification of Representative, pursuant to the provisions of the National Labor Relations Act, which has been filed with this office. Also enclosed is a copy of “Parties Involved in a Representation Petition,” Form NLRB-4812, explaining the manner in which representation petitions are processed by this Agency. The National Labor Relations Act requires the prompt resolution of questions concerning representation. Because this is an integral part of our mission, these cases are prioritized and resolved as expeditiously as possible. If the Board has jurisdiction, the parties may execute a standard agreement for an election fixing the date, time and place and the classifications to be included in the appropriate unit. All such elections are conducted by an agent of the Board. Election procedures are outlined in the enclosed pamphlet. In the event there is no agreement for an election, a formal investigatory hearing may be held before a hearing officer of the Board. Consistent with the Agency’s efforts to ensure the expeditious resolution of questions concerning representation, please be advised that in the event it is determined that a formal investigatory hearing is necessary it is our intention to conduct that hearing on December 4, 2009. Requests for the postponement of the hearing will be granted only for good cause and consistent with the requirements set forth in Form NLRB 4338, which is enclosed with this letter. For purposes of Section 102.114(d) of the Board’s Rules and Regulations, I am granting advance permission to the parties to file postponement requests with me by facsimile transmission. The hearing, once commenced, will be conducted on consecutive days, until completed, unless the most compelling circumstances warrant otherwise. I advise the parties of these requirements at this time so that they may begin their preparations for them. FILING DOCUMENTS WITH REGIONAL OFFICES: The Agency is moving toward a fully electronic records system. To facilitate this important initiative, the Agency strongly urges all parties to submit documents and other materials (except unfair labor practice charges and representation petitions) to Regional Offices through the Agency’s E-filing http://www.nlrb.gov (See Attachment to this letter for system on its website: instructions). Of course, the Agency will continue to accept timely filed paper documents. It would be helpful if you would furnish this office with your or your representative’s e-mail address for use by the Region for casehandling. Attention is called to your right, and the right of any party, to be represented by counsel or another representative in any proceeding before the National Labor Relations Board. In the event you choose to have a representative appear on your behalf, please have your representative complete “Notice of Appearance,” Form NLRB-4701. This form should be returned to this office as soon as possible. In view of our policy of processing these cases expeditiously, I anticipate that in the event you exercise your right to be represented by counsel or another representative you will do so promptly. Please be further advised that under the Freedom of Information Act, unfair labor practice charges and representation petitions are subject to prompt disclosure to members of the public upon request. In this regard, you may have received or may receive a solicitation by organizations or persons who have obtained public information concerning this matter and who seek to represent you before our Agency. You may be assured that no organization or person seeking your business has any “inside knowledge” or favored relationship with the National Labor Relations Board; their information regarding this matter is only that which must be made available to any member of the public. Prior to conducting a formal hearing, the staff member named below, who has been assigned to this matter, will be in contact with the parties to explore the issues and, if appropriate, to obtain an election agreement. If these contacts do not result in an election agreement, we may conduct an informal conference before the scheduled formal hearing. At this conference, the Board agent will explore all of the issues raised by the petition in an effort either to obtain an election agreement or narrow the issues which will be litigated at the hearing. It has been our experience that these informal conferences can be extremely useful in helping us in these regards, and that it is in the mutual interest of all parties, as well as the Agency, to explore fully all potential areas of agreement in order to eliminate or limit, to the extent possible, the significant costs associated with litigation. I encourage the parties to share all available information at this conference. Please note the enclosed Notice of Anticipated Telephone Conference and Notice of Anticipated Hearing. Please also note the enclosed pamphlet, Full Consent Election Agreements, in the event a hearing is necessary. In order to assist us in our investigation, please submit the following information immediately: 1. Commerce information, which may be furnished on the enclosed “Questionnaire on Commerce Information,” Form NLRB-5081. An extra copy of the form is enclosed for your files. 2. An alphabetized list of employees described in the petition together with their job classifications, for the payroll period immediately preceding the date of this letter. This list is to be used to resolve possible eligibility and unit questions as well as to determine the adequacy of the Petitioner’s showing of interest. 3. Copies of correspondence and existing or recently expired contracts, if any, covering employees in the unit alleged in the petition. Names of any other labor organizations(s) claiming to represent any of the employees in the proposed unit. 4. Your position as to the appropriateness of the unit. It has been our experience that the exchange of information made possible by providing the list of employees requested above in paragraph 2 to all parties to the case is an excellent aid in resolving many of the eligibility and unit questions that arise during case processing. Accordingly, I encourage you both to provide the list as requested in paragraph 2, and to permit me to provide the list to the other parties. Please state in your return correspondence whether you intend to provide the list and whether I may provide it to the other parties. Please be advised that in addition to the list of employees requested above in paragraph 2, in the event an election is agreed to or directed in this case, a list of the full names and addresses of all the eligible voters must be filed by the employer with the undersigned, who will in turn make it available to all parties to the case. The list must be furnished to the undersigned within seven (7) days of the direction of election or approval of an agreement to conduct an election. I am advising you now of this requirement so that you have ample time to prepare for the eventuality that such list may become necessary. It has been our experience that by the time a petition such as this one has been filed, employees may also have questions about what is going on and what may happen. At this stage in the handling of this case, we, of course, do not know what disposition will be made of the petition, but experience tells us that an explanation of rights, responsibilities and Board procedures can be helpful to your employees. The Board believes that employees should have readily available to them information about their rights and the proper conduct of employee representation elections. At the same time, employers and labor organizations should be apprised of their responsibilities to refrain from conduct which could impede employees’ freedom of choice. Accordingly, the Employer is requested to post the enclosed Notice to Employees in conspicuous places in areas where employees such as those described in the enclosed petition work and to advise me where in its facility the notice has been posted. Copies of this notice are also being made available to the labor organization(s) involved. In the event an election is not conducted pursuant to this petition, you are requested to remove the posted notice. In addition, I am enclosing two (2) copies of the pamphlet, “Your Government Conducts an Election,” for distribution to employees and to supervisory personnel. Additional copies of the pamphlet will be furnished upon request. Enclosed is a copy of Section 103.20 of the Board’s Rules and Regulations regarding the time period for posting Notices of Election. Investigation of this matter has been assigned to the staff member named below. If you have any questions, do not hesitate to communicate with the Board agent. Your cooperation in bringing this matter to an early conclusion will be appreciated. Should you make inquiry regarding this case, please refer to the case name and number, addressing your letter to the office shown below. Assistance is available for persons with limited English proficiency. Requests for such assistance should be communicated to the assigned office, as listed below, as early as possible. 1 Please note that customer service standards concerning the processing of representation cases have been published by the Agency and are available upon request from the Regional Office. Very truly yours, Rochelle Kentov Regional Director Enclosures Assigned To: Board Agent Paul M. D'Aurora 201 E. Kennedy Blvd., Suite 530, Tampa, FL 33602 Telephone (813)228-2644 Board Agent E-mail:Paul.D'Aurora@nlrb.gov 1 The National Labor Relations Board will provide assistance to individuals with limited English. If you or anyone involved in this case is in need of assistance due to their limited English, please advise this Office as soon as possible. La Junta Nacional de Relaciones de Trabajo proveerá asistencia a personas con ingles limitado. Si uno necesita asistencia debido a su ingles limitado, debe avisar a esta Oficina tan pronto posible. CC: John Cumbees, President Independent Telemarketers Union PO. Box 1752 Sarasota, FL 34230 NOTICE OF ANTICIPATED TELEPHONE CONFERENCE AND NOTICE OF ANTICIPATED HEARING YOU ARE HEREBY NOTIFIED that if, after preliminary investigation, the undersigned has reasonable cause to believe that a question concerning representation exists within the meaning of Section 9(c) and 3(b) of the Act, a Notice of Hearing will issue scheduling a formal hearing for December 4, 2009 2 unless a signed election agreement is received from each proper party by November 27, 2009. YOU ARE ALSO NOTIFIED that a telephone conference will be held at 10:00 a.m. on December 2, 2009 in order to explore any issues to be raised at the hearing and to further discuss whether the parties will agree to the conduct of an election by this office. 3 DATED at Tampa, Florida, November 18, 2019. Rochelle Kentov, Regional Director National Labor Relations Board, Region 12 201 E. Kennedy Boulevard, Suite 530 Tampa, FL 33602-5824 2 ABSENT EXTRAORDINARY CIRCUMSTANCES, no postponement of the hearing will be granted beyond December 8, 2009. 3 Requests for postponement of the conference shall not be granted unless good cause is shown in writing. Of course, the conference will be cancelled if prior thereto the parties agree to the conduct of an election. (It is expected that any election would be held between 25 and 42 days from the filing of the petition.) FORM NLRB-4338 (6-90) UNITED STATES GOVERNMENT NATIONAL LABOR RELATIONS BOARD NOTICE NPTA-IUPA Fundraising Center Case: 12-RC-9389 The issuance of the notice of formal hearing in this case does not mean that the matter cannot be disposed of by agreement of the parties. On the contrary, it is the policy of this office to encourage voluntary adjustments. The examiner or attorney assigned to the case will be pleased to receive and to act promptly upon your suggestions or comments to this end. An agreement between the parties, approved by the Regional Director, would serve to cancel the hearing. However, unless otherwise specifically ordered, the hearing will be held at the date, hour, and place indicated. Postponements will not be granted unless good and sufficient grounds are shown and the following requirements are met: (1) The request must be in writing. An original and two copies must be filed with the Regional Director when appropriate under 29 CFR 102.16(a) or with the Division of Judges when appropriate under 29 CFR 102.16(b). (2) Grounds must be set forth in detail; (3) Alternative dates for any rescheduled hearing must be given; (4) The positions of all other parties must be ascertained in advance by the requesting party and set forth in the request; and (5) Copies must be simultaneously served on all other parties (listed below), and must be noted on the request. that fact Except under the most extreme conditions, no request for postponement will be granted during the three days immediately preceding the date hearing. Matt Edelson NPTA-IUPA Fundraising Center 3200 Flightline Drive Lakeland, FL 33811 John Cumbees, President Independent Telemarketers Union P.O. Box 1752 Sarasota, FL 34230 (Revised 10/26/2009) Attachment ELECTRONIC FILINGS THROUGH THE AGENCY’S WEBSITE AND EMAIL COMMUNICATION WITH BOARD AGENTS ELECTRONIC FILING OF DOCUMENTS WITH THE AGENCY: All Regional Offices are in the process of creating an electronic investigative case file that contains electronic copies of all documents in the paper case file. This electronic case file initiative is a central component of the Agency’s development of a new case management system called NxGen. When the NxGen system is deployed throughout the Agency, this system will provide parties greater access to public information about pending cases. To facilitate this important initiative, the Agency strongly urges all parties to submit documents and other materials (except unfair labor practice charges and representation petitions) through the Agency’s EFiling system on its website: http://www.nlrb.gov. On the home page of the Agency’s website, click on the “E-Gov” tab, select E-Filing, and follow the detailed instructions. The following documents may be filed electronically through the Agency’s website: • • • • • • • • • • • • • • • • • • Answer to Complaint or Compliance Specification. However, if the electronic version of an Answer to a Complaint or a Compliance Specification is not in a pdf format that includes the signature of the party or its representative, the original answer containing the required signature must be submitted to the Regional Office by traditional means within three (3) business days after the date of electronic filing. Appeal Filings to the Office of the General Counsel Briefs Disclaimer of Interest EAJA Applications Evidence Excelsior List Exceptions or Cross Exceptions Extension of Time Request Motions and Oppositions to Motions Notice of Appearance Objections to an Election Petition to Revoke a Subpoena or Response Position Statement Request for Review Request for Special Permission to Appeal Request to Proceed Withdrawal Request E-FILINGS MUST BE TIMELY: The Agency will accept electronic filings up to 11:59 p.m. in the time zone of the receiving office on the due date. Filings accomplished by any other means must comply with the requirements of Section 102.111 of the Board's Rules and Regulations. • A document will be considered timely filed if the E-Filing receipt reflects that the entire document was received by the Agency’s E-Filing system before midnight local time on the due date. (Midnight is considered the beginning of a new day.) Filings accomplished by any other means such as mail, personal delivery, or facsimile (if allowed), must be received by the close of business in the receiving office on the due date. • Unlike the Federal Courts, the Agency does not add 3 days to any due date regardless of the manner the document to which the filer is responding was served. • Although the Agency’s E-Filing system is designed to receive filings 24 hours per day, parties are strongly encouraged to file documents in advance of the filing deadline and during the normal business hours of the receiving office, in the event problems are encountered and alternate means of filing become necessary. • The receiving office’s staff will respond to non-technical questions regarding the E-Filing system during normal business hours. For technical problems, please refer to the E-Filing FAQ or send an email to e-filing@nlrb.gov. If you wait until after the close of business to attempt to E-File and encounter problems, no one will be available to assist you. • Technical Failure. If the Agency's E-Filing system is unable to receive documents for a continuous period of more than 2 hours after 12 noon (Eastern Time), the site will be declared to be in technical failure. Notice of the technical failure determination will be posted on the website as soon as possible. Scheduled service, system maintenance or upgrades, or when the system will be unavailable to receive filings, will also be posted. If the system is determined to be in technical failure on the due date for the filing of a document and the failure prohibited a party from E-Filing, the document must be filed by 5:00 p.m. (Eastern Time) on the next business day. • User Problems. Problems with a user's telephone lines, internet service provider, hardware, or software; user problems in understanding or following the E-Filing instructions; or rejection of a document because it contains a virus do not constitute a technical failure and will not excuse an untimely filing. A filer who cannot E-File a document because of any of these user problems must file conventionally and timely. The Agency’s offices have no lobby facilities for filing after the close of business. Thus, a user who waits until after close of business on the due date to attempt to EFile does so at his/her peril. If you are unsure whether the problem is a technical failure or a user problem, assume it is a user problem. • If a timely, conventional filing is impossible because a user problem developed after close of business on the due date, the user should attempt to E-File using another computer with internet access, such as another computer in the office, a home computer, a computer at a public library, or a computer at a commercial business service center. ELECTRONIC FILING IS A THREE-STEP PROCESS: Electronic filing is not complete until all three steps of the process are completed: (1) entering your data and uploading your document(s); (2) reviewing and confirming your submission; and (3) receiving your receipt with confirmation number. PREFERRED DOCUMENT FORMAT IS PDF: The preferred format for submitting documents using EFiling is Adobe's Portable Document Format (*.pdf). However, in order to make the Agency’s E-Filing system more widely available to the public, persons who do not have the ability to submit documents in PDF format may submit documents in Microsoft Word format (*.doc). Persons who do not have the ability to submit documents in either PDF or Microsoft Word format may submit documents in simple text format (*.txt). Regardless of the format, all documents E-Filed with the Agency must be submitted in a “readonly” state. DOCUMENTS MUST BE VIRUS-FREE: Users are responsible for taking all reasonable steps to prevent sending any material to the Agency that contains computer viruses. All submissions using this E-Filing Form will be scanned for viruses. Any submission that contains a virus will automatically be deleted by the Agency's computer system and thus will not be processed. Rejection of a filing because it contains a virus will not excuse a late filing and is considered to be a user problem, not a technical failure as defined herein. DOCUMENTS MUST BE COMPLETE: Any document submitted electronically to the Agency must be complete. Any attachments must be converted into electronic form and included as part of the document. No attachments may be filed (either electronically or by service of hardcopy) separately from the electronic document under any circumstances. Exception: Position statements or documentary evidence 2 submitted to a Regional Office during an unfair labor practice investigation or documents relating to appeals pending before the Office of Appeals may be filed as separate attachments. CERTAIN DOCUMENTS MUST INCLUDE STATEMENT OF SERVICE: All documents submitted to a Regional, Subregional or Resident Office, which under the Board's Rules and Regulations must be served on other parties to the case, must include a statement of service showing how that document was served on other parties in accordance with the service requirements of Section 102.114(i) of the Board's Rules and Regulations. This rule provides: "In the event the document being filed electronically is required to be served on another party to a proceeding, the other party shall be served by electronic mail (email), if possible. If the other party does not have the ability to receive electronic service, the other party shall be notified by telephone of the substance of the transmitted document and a copy of the document shall be served by personal service no later than the next day, by overnight delivery service, or, with the permission of the party receiving the document, by facsimile transmission." OFFICIAL BUSINESS: Outside parties may send electronic communications to Regional, Subregional and Resident Offices dealing only with official Agency business. E-MAIL COMMUNICATIONS WITH BOARD AGENTS: To encourage and facilitate the exchange of case handling information between the parties or their representatives and Board agents, individual Board agents’ E-mail addresses will be made available to the parties. We encourage parties and/or their representatives to provide the Regional, Subregional or Resident Office with their E-mail addresses. Email communications with a represented party generally will be through the party’s attorney or other representative. If an outside party and/or its representative provides its E-mail address, Board agents will accept and send E-mail messages to arrange appointments, schedule witnesses and exchange other case-relevant information. If a party and/or its representative requests that communications not be sent by E-mail, Board agents will honor such request after receipt of the request in the Regional, Subregional or Resident Office. Please note that Board agents may, on occasion, be out of the Regional office and unable to receive time-sensitive E-mails. It is critically important that all substantive E-mails and any documents listed above should be filed with the Regional Office through the Agency’s website (http://www.nlrb.gov) as outlined above. QUESTIONS: Any questions about the Agency’s E-filing policies may be directed to an NLRB Information Officer during regular business hours. 3 United States Government NATIONAL LABOR RELATIONS BOARD Region 12 Telephone 813-228-2641 201 E. Kennedy Boulevard, Suite 530 Facsimile 813-228-2874 Tampa, Florida 33602-5824 www.nlrb.gov November 24, 2009 John Cumbees, President Independent Telemarketers Union P.O. Box 1752 Sarasota, FL 34230 Re: NPTA-IUPA Fundraising Center Case 12-RC-9389 Board Agent: Paul M. D'Aurora Telephone No.: (813)228-2644 E-mail Address: Paul.D'Aurora@nlrb.gov Dear Mr. Cumbees: The petition which you filed has been assigned the above case number and will be investigated by the above-named Board agent whose telephone number and E-mail address are also listed above. Please note that the agent may be unable to access E-mails when the agent is away from the office. For that reason, you are encouraged to submit all your evidence to the agent through the Agency’s E-Filing system, described below. On all correspondence regarding this charge, please include the case name and number indicated above. If you or your representative has not yet spoken with the Board agent regarding this petition, please call the Board agent. If you are a non-English speaker and need assistance, please inform the Board agent assigned to this case. Procedures: If you have an E-mail address, please provide that address to the agent in order to expedite our communication with you. FILING DOCUMENTS WITH REGIONAL OFFICES: The Agency is moving toward a fully electronic records system. To facilitate this important initiative, the Agency strongly urges all parties to submit documents and other materials (except unfair labor practice charges and representation petitions) to Regional Offices through the Agency’s EFiling system on its website: http://www.nlrb.gov (See Attachment to this letter for instructions). Of course, the Agency will continue to accept timely filed paper documents. Form NLRB 4812 briefly explains the procedures followed in the processing of representation cases, such as the petition in this case, and explains your right to be represented if you choose. c:\users\ehughes\downloads\ltr.12-rc-9389.original petition _for petitioner_.doc 11/18/2019 -2- 12-RC-9389 That form and the forms to designate a representative are available upon request from the Regional Office or on the Agency’s website, http://www.nlrb.gov. Customer service standards concerning the processing of representation cases are available upon request from the Regional Office or by clicking the Public Notices button on the Agency’s website. Notice of Hearing: If it appears the petition is appropriate and the parties have not made a firm commitment to waive hearing and consent to the conduct of an election by this office, we intend to issue a Notice of Hearing within four days from the filing of the petition. Please see the attached Notice of Anticipated Hearing for specifics. If you decide to retain counsel or other representative, that person should be notified immediately of the dates contained therein. Right to Representation: Attention is called to your right, and the right of any party, to be represented by an attorney or other representative in any proceeding before the National Labor Relations Board and the courts. If you wish to have a representative appear on your behalf, please have your attorney or other representative complete the enclosed Form NLRB-4701, Notice of Appearance, and forward it to the respective Regional Office as soon as a representative is chosen. In view of our policy of processing these cases expeditiously, in the event you exercise your right to be represented by counsel or other representative, you should do so promptly. If your representative is an attorney, such attorney will receive exclusive service of all documents, except that you and your attorney will both receive those documents described in Casehandling Manual, Part Two, Representation Proceedings, Section 11008.7, available on the Agency’s internet web page www.nlrb.gov. However, your attorney may consent to have additional documents or correspondence served on you by making the appropriate designation on Form NLRB-4701, Notice of Appearance. If your representative is not an attorney, you and your representative may receive copies of all documents and correspondence. Submission of Information: If you have not already done so, please submit within forty-eight hours copies of all correspondence and contracts, if any, between the Employer and your organization bearing upon the question of representation of the petitioned-for employees. You are also requested to notify the Board agent at once of the names of any interested party who should be apprised of the proceeding, such as another labor organization claiming to represent any of the employees in the proposed unit or an employer who may be a joint employer of the employees in the proposed unit. Failure to disclose the existence of an interested party may affect the processing of the petition to a final conclusion. If potential voters will need notices or ballots translated into a language other than English, please advise the Board agent of the names of those languages and dialects, if applicable. Representative to Receive List of Eligible Voters: If an election is agreed to or directed in this case, the Board requires that the Employer file with this office a list of names and addresses of all the eligible voters. I will then make that list available to all other parties to the case. As only one copy of the list will be available for each party, please advise the Board agent promptly of the representative to whom the list is to be submitted. Absent notice to the contrary, the list will be submitted to the addressee of this letter at the above-listed address. Information for Employees: The Board believes that employees should have readily available information about their rights and the proper conduct of employee representation elections. 11/18/2019 -3- 12-RC-9389 Accordingly, we have asked the employer to post a Notice to Employees, Form NLRB 5492 (895), which explains employees’ basic rights under the National Labor Relations Act. If you would like a copy of that Notice, please let the Board agent know. We have also prepared the pamphlet "Your Government Conducts an Election" which you or the employer may distribute to employees. The pamphlet is available at www.nlrb.gov/publicat.html or from our office. You may reproduce copies of the Notice and the pamphlet for distribution to employees, provided they are not modified in any way. Freedom of Information Act: Please be further advised that under the Freedom of Information Act, unfair labor practice charges and representation petitions are subject to prompt disclosure to members of the public upon request. In this regard, you may have received or may receive a solicitation by organizations or persons who have obtained public information concerning this matter and who seek to represent you before our Agency. You may be assured that no organization or person seeking your business has any “inside knowledge” or favored relationship with the National Labor Relations Board; their information regarding this matter is only that which must be made available to any member of the public. Very truly yours, Rochelle Kentov Regional Director Enclosures FORM NLRB-877 (4-84) UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD NPTA-IUPA FUNDRAISING CENTER Employer Case No. and 12-RC-9389 INDEPENDENT TELEMARKETERS UNION Petitioner DATE OF MAILING November 24, 2009 AFFIDAVIT OF SERVICE OF I, the undersigned employee of the National Labor Relations Board, being duly sworn, depose and say that on the date indicated above I served the above-entitled document(s) by regular mail and by fax upon the following persons, addressed to them at the following addresses: John Cumbees, President Independent Telemarketers Union P.O. Box 1752 Sarasota, FL 34230 Matt Edelson NPTA-IUPA Fundraising Center 3200 Flightline Drive Lakeland, FL 33811 ;~ Grinder Subscribed and sworn to November 24, 2009 me on 0FN g 2D RRELATIONS BOARD UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 12 NPTA-IUPA FUNDRAISING CENTER Employer and Case No. 12-RC-9389 INDEPENDENT TELEMARKETERS UNION Petitioner NOTICE OF REPRESENTATION HEARING The Petitioner filed the attached petition pursuant to Section 9(c) of the National Labor Relations Act. It appears that a question affecting commerce exists as to whether the employees in the unit described in the petition wish to be represented by a collective-bargaining representative as defined in Section 9(a) of the Act. YOU ARE NOTIFIED that, pursuant to Sections 3(b) and 9(c) of the Act, at 9:30 a.m., on December 8, 2009, and on consecutive days thereafter until concluded, at the National Labor Relations Board, 201 E. Kennedy Blvd., Suite 530, Tampa, FL., a hearing will be conducted before a hearing officer of the National Labor Relations Board. At the hearing the parties will have the right to appear in person or otherwise, and give testimony. (Form NLRB-4669, Statement of Standard Procedures in Formal Hearings Held Before The National Labor Relations Board Pursuant to Petitions Filed Under Section 9 of The National Labor Relations Act, as Amended, is attached.) Signed at Tampa, Florida, on December 1, 2009. Rochelle Kentov Regional Director Region 12 National Labor Relations Board 201 E. Kennedy Boulevard, Suite 530 Tampa, Florida 33602-5824 Attachments FORM NLRB-877 (4-84) UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD NPTA-IUPA FUNDRAISING CENTER Employer Case No. and 12-RC-9389 INDEPENDENT TELEMARKETERS UNION Petitioner I AFFIDAVIT OF SERVICE OF DATE OF MAILING December 1, 2009 Notice of Representation Hearing with copy of Petition and NLRB forms 4338 and 4669 I, the undersigned employee of the National Labor Relations Board, being duly sworn, depose and say that on date indicated above, I served the above-entitled document(s) via facsimile and U.S. regular mail upon the following persons, addressed to them at the following addresses: Matt Edelson NPTA-IUPA Fundraising Center 3200 Flightline Drive Lakeland, FL 33811 John Cumbees, President Independent Telemarketers Union P.O. Box 1752 Sarasota, FL 34230 Aaron Nisenson, General Councel International Union of Police Associations, AFL-CIO 1549 Ringling Blvd. 6th Floor Sarasota, FL 34236 Frank Hamilton Esq. Frank Hamilton & Associates, P.A. P.O. Box 10756 Tampa, FL 33679 - 4~ _/, , Margarita Machado Subscribed and sworn to before me on December 1, 2009 DESIGNATED AGENT NATIONAL LABOR RELATIONS "Exhibit 1(c)" UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 12 NPTA-IUPA FUNDRAISING CENTER Employer Case 12-RC-9389 and INDEPENDENT TELEMARKETERS UNION Petitioner ORDER TO SHOW CAUSE On December 1, 2009, the undersigned issued a Notice of Representation Hearing in the above-captioned case scheduling a hearing for December 8, 2009. After the issuance of the Notice of Hearing, NPTA-IUPA Fundraising Center (the Employer) and Independent Telemarketers Union (the Petitioner) advised the Regional office that on November 25, 2009, the Employer laid off all of the employees in the petitioned-for unit. The Employer further advised the Regional office in writing on December 4, 2009, that it has ceased its operations in Lakeland, Florida and does not anticipate either rehiring any employees in the petitioned-for unit or reopening a call center or hiring individuals to perform unit work, or for similar positions, in the Lakeland, Florida area. In these circumstances, the Petitioner and the Employer are Ordered to Show Cause, if any exists, why the petition in this matter should not be dismissed. The Employer and Petitioner must submit to me, by no later than 4:30 p.m. on December 18, 2009, a written statement in response to this Order to Show Cause. Dated this 8th day of December, 2009 at Tampa, Florida. Rochelle Kentov, Regional Director National Labor Relations Board, Region 12 201 E. Kennedy Blvd., Suite 530 Tampa, FL 33602 2 FORM NLRB-877 (4.84) UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD NPTA-IUPA FUNDRAISING CENTER Employer and Case No. 12-RC-9389 INDEPENDENT TELEMARKETERS UNION Petitioner DATE OF MAILING AFFIDAVIT OF SERVICE OF December 8, 2009 ORDER TO SHOW CAUSE I, the undersigned employee of the National Labor Relations Board, being duly sworn, depose and say that on date indicated above, I served the above-entitled document(s) via facsimile and U.S. regular mail upon the following persons, addressed to them at the following addresses: Matt Edelson NPTA-IUPA Fundraising Center 3200 Flightline Drive Lakeland, FL 33811 John Cumbees, President Independent Telemarketers Union P.O. Box 1752 Sarasota, FL 34230 Aaron Nisenson, General Councel International Union of Police Associations, AFL-CIO 1549 Ringling Blvd. - 6th Floor Sarasota, FL 34236 Frank Hamilton Esq. Frank Hamilton & Associates, P.A. P.O. Box 10756 Tampa, FL 33679 Margarita Machado Subscribed and sworn to before me on December 8, 2009 DESIGNATED AGENT 1 NATIONAL LABOR RELATIONS BOARD UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 12 NPTA-IUPA FUNDRAISING CENTER Employer and Case 12-RC-9389 INDEPENDENT TELEMARKETERS UNION Petitioner ORDER WITHDRAWING NOTICE OF REPRESENTATION HEARING AND DISMISSING PETITION On November 24, 2009, Independent Telemarketers Union (the Petitioner) filed the representation petition in the above case seeking to represent all telemarketing employees employed by NPTA-IUPA Fundraising Center (the Employer) at its call center in Lakeland, Florida. On December 1, 2009, the undersigned issued a Notice of Representation Hearing scheduling a hearing for December 8, 2009. Prior to the holding of a formal hearing, the undersigned was notified by the Employer and the Petitioner that all of the employees in the petitioned-for bargaining unit had been laid off on November 25, 2009. Additionally, on December 4, 2009, in writing, the Employer advised that it has ceased its operations in Lakeland, Florida and that it does not anticipate either rehiring any employees in the petitioned-for unit, or reopening a call center or hiring individuals to perform unit work, or for similar positions, in the Lakeland, Florida area. Thereafter, on December 8, 2009, the undersigned issued an Order to Show Cause, if any exists, why the petition in this matter should not be dismissed in these circumstances, and requested that each party submit a written statement in response by no later than 4:30 p.m. on December 18, 2009. Neither party has submitted any written statement in response to the Order to Show Cause. I have considered the parties’ representations made in this matter. In view of the parties’ failure to respond to the Order to Show Cause, and as it appears that the Employer has ceased its operations, and does not currently employ or have any plans to employ employees in the petitioned-for bargaining unit or to reopen a call center in the Lakeland, Florida area, I find that there is no question concerning representation to be resolved. Accordingly, IT IS ORDERED that the Notice of Representation Hearing previously issued is withdrawn, and that the petition in this matter is dismissed. Right to Request Review: Pursuant to the provisions of Section 102.67 of the National Labor Relations Board's Rules and Regulations, Series 8, as amended, you may obtain review of this action by filing a request with the Executive Secretary, National Labor Relations Board, 1099 14th Street, N.W., Washington, DC 20570-0001. This request for review must contain a complete statement setting forth the facts and reasons on which it is based. Procedures for Filing a Request for Review: Pursuant to the Board's Rules and Regulations, Sections 102.111 - 102.114, concerning the Service and Filing of Papers, the request for review must be received by the Executive Secretary of the Board in Washington, DC by close of business on January 4, 2010 at 5 p.m. (ET) unless filed electronically. Consistent with the Agency's E-Government initiative, parties are encouraged to file a request for review electronically. If the request for review is filed electronically, it will be considered timely if the transmission of the entire document through the Agency's website is accomplished by no later than 11:50 p.m. Eastern Time on the due date. Please be advised that Section 102.114 of the Board's Rules and Regulations precludes acceptance of a request for review by facsimile transmission. Upon good cause shown, the Board may grant special permission for a longer period within which to file. A copy of the request for review must be served on each of the other 2 parties to the proceeding, as well as on the undersigned, in accordance with the requirements of the Board's Rules and Regulations. Filing a request for review electronically may be accomplished by using the Efiling system on the Agency's website at www.nlrb.gov. Once the website is accessed, select the E-Gov tab and then click on E-filing link on the pull down menu. Click on the “File Documents” button under Board/Office of the Executive Secretary and then follow the directions. The responsibility for the receipt of the request for review rests exclusively with the sender. A failure to timely file the request for review will not be excused on the basis that the transmission could not be accomplished because the Agency's website was off line or unavailable for some other reason, absent a determination of technical failure of the site, with notice of such posted on the website. Dated at Tampa, Florida this 21st day of December, 2009. Rochelle Kentov, Regional Director National Labor Relations Board, Region 12 201 E. Kennedy Blvd., Suite 530 Tamp FL 33602 3 FORM EXEMPT UNDER 44 U.S.C. UNITED STATES GOVERNMENT NATIONAL LABOR RELATIONS BOARD INTERNET FORM NLRB-502 DO NOT WRITE IN THIS SPACE Case No PETITION Date Filed 12—RC-9386 11-2-09 INSTRUCTIONS: Submit an original of this Petition to the NLRB Regional Office in the Region in which the employer concerned is located. its proper authority pursuant to Section 9 of the NLRA. The Petitioner alleges that the following circumstances exist and requests that the NLRB proceed under 1. PURPOSE OF THIS PETITION (if box RC, RH, or RD is checked and a charge under Section 8(b)(7) of the Act has been filed involving the Employer named herein, the statement following the description of the type of petition shall not be deemed made.) (Check One) RC-CERTIFICATION OF REPRESENTATIVE - A substantial number of employees wish to be represented for purposes of collective bargaining by Petitioner and Petitioner desires to be certified as representative of the employees. RM-REPRESENTATION (EMPLOYER PETITION) - One or more individuals or labor organizations have presented a claim to Petitioner to be recognized as the representative of employees of Petitioner. RD-DECERTIFICATION (REMOVAL OF REPRESENTATIVE) -A substantial number of employees assert that the certified or currently recognized bargaining D0 representative Is no longer their representative. UD.WIThDRAWAL OF UNION SHOP AUTHORITY (REMOVAL OF OBLIGATION TO PAY DUES) - Thirty percent (30%) or more of employees in a bargaining unit covered by an agreement between their employer and a labor organization desire that such authority be rescinded. UC-UNIT CLARIFICATION- A labor organization is currently recognized by Employer, but Petitioner seeks clarification of placement of certain employees: (Check one) In unit not previously certified. Din unit previously certified in Case No. AC-AMENDMENT OF CERTIFICATION- Petitioner seeks amendment of certification issued in Case No.__________________________ Attach statement describing the specific amendment sought. D 0 o 0 Employer Representative to contact 2. Name of Employer Tel. No. Matt Edelson NPTA-IUPA Fundraising Center 877-733-0004 3. Address(es) of Establishment(s) involved (Street and number, city, State ZIP code) Fax No. 3200 Flightline Drive, Lakeland, FL 33811 4b. Identify principal product or service 4a. Type of Establishment (Factory, mine, wholesaler, etc.) e-Mail Call Center Operation Telephone Call Center Cell No. 5. Unit Involved (In UCpetition, describe present bargaining unit and attach description of proposed clarification.) 6a. Number of Employees in Unit Igclu4ed All telemarkebng Employees Present Excluded Clerical employees, supervisory employees 75 (approx) Proposed (By UCIAC) as defined in the Act 6I Is this petition supported by % or more of the employees is the unit?' / Yes No 'Not applicable in RM, U ,and AC (If you have checked box RC in I above, check and complete EITHER item 7a'or 7b, whicheveris applicable) for recognition as Bargaining Representative was made on (Data) 7a. 0 Request recognition on or about (Date) (If no reply received, so state). and Employer declined Petitioner is currently recognized as Bargaining Representative and desires certification under the Act 7b. 8. Name of Recognized or Certified Bargaining Agent (If none, so state.) Affiliation None Tel. No. Address Date of Recognition or Certification 9. Expiration Date of Current Contract If any (Month, Day. Year) N/A e-Mail Fax No. Cell No. 10. If you have checked box UI) in 1 above, show here the date of execution of agreement granting union shop (Month, Day and Year) hlb. If so, approximately how man y employees are participating? ha. Is there now a strike or picketing at the Employer's establishment(s) Involved? Yes No 0 1 1 c. The Employer has been picketed by or on behalf of (Insert Name) organization, of (Insert Address) , a labor Since (Month, Day, Year) 12. Organizations or individuals other than Petitioner (and other than those named in items 8 and 1 ic), which have claimed recognition as representatives and other organizations and individuals known to have a representative interest in any employees in unit described in item 5 above. (If none, so state) Name Address Tel. No. Fax No. Cell No. e-Mail 13. Full name of party filing petition (If labor organization, give full name, including local name and number) Independent Telemarketers Union 14b. Tel. No. 14a. Address (street and number, city, state, and ZiP code) P.O. EXT 14c. Fax No. 813-215-6631 1752 Sarasota, FL 34230 Box 14d. Cell No. 14e. e-Mail 15. Full name of national or international labor organization of which Petitioner is an affiliate or constituent (to be filled in when petition is filed by a labor organization) Ideclare that lhave read the above petition and that the statements are true tothpName (Pdnf) Signs re John Cumbess Address (street and number, city, state, and ZIP code) P.O. Box 1752 of my knowkK%W and belief. I Title (if any) . T . No > President ru No. - eMail Cell No Sarasota FL WILLFUL FALSE STATEMENTS ON THIS PETITION CAN BE PUNISHED BY FINE AND IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001) PKIVAt.T At; I b lAltMNl Solicitation of the information on this form is authorized by the National Labor Relations Act (NLRA), 29 U.S.C. § 151 itt seq. The principal use of the information is to assist the National Labor Relations Board (NLRB) in processing unfair labor practice and related proceedings or litigahon. The routine uses for the information are fully set forth in the Federal Register, 71 Fed. Reg. 74942-43 (Dec. 13, 2006). The NLRB will further explain these uses upon request. Disclosure of this information to the NLRB is voluntary; however, failure to supply the information will cause the NLRB to decline to invoke its processes. çrC) United States Government NATIONAL LABOR RELATIONS BOARD Region 12 Telephone 813-228-2641 201 E. Kennedy Boulevard, Suite 530 Facsimile 813-228-2874 Tampa, Florida 33602-5824 www.nlrb.gov November 2, 2009 Matt Edelson NPTA-IUPA Fundraising Center 3200 Flightline Drive Lakeland, FL 33811 Re: NPTA-IUPA Fundraising Center Case: 12-RC-9386 Dear Mr. Edelson: Enclosed is a copy of Petition for Certification of Representative, pursuant to the provisions of the National Labor Relations Act, which has been filed with this office. Also enclosed is a copy of “Parties Involved in a Representation Petition,” Form NLRB-4812, explaining the manner in which representation petitions are processed by this Agency. The National Labor Relations Act requires the prompt resolution of questions concerning representation. Because this is an integral part of our mission, these cases are prioritized and resolved as expeditiously as possible. If the Board has jurisdiction, the parties may execute a standard agreement for an election fixing the date, time and place and the classifications to be included in the appropriate unit. All such elections are conducted by an agent of the Board. Election procedures are outlined in the enclosed pamphlet. In the event there is no agreement for an election, a formal investigatory hearing may be held before a hearing officer of the Board. Consistent with the Agency’s efforts to ensure the expeditious resolution of questions concerning representation, please be advised that in the event it is determined that a formal investigatory hearing is necessary it is our intention to conduct that hearing on November 12, 2009. Requests for the postponement of the hearing will be granted only for good cause and consistent with the requirements set forth in Form NLRB 4338, which is enclosed with this letter. For purposes of Section 102.114(d) of the Board’s Rules and Regulations, I am granting advance permission to the parties to file postponement requests with me by facsimile transmission. The hearing, once commenced, will be conducted on consecutive days, until completed, unless the most compelling circumstances warrant otherwise. I advise the parties of these requirements at this time so that they may begin their preparations for them. FILING DOCUMENTS WITH REGIONAL OFFICES: The Agency is moving toward a fully electronic records system. To facilitate this important initiative, the Agency strongly urges all parties to submit documents and other materials (except unfair labor practice charges and representation petitions) to Regional Offices through the Agency’s E-filing http://www.nlrb.gov (See Attachment to this letter for system on its website: instructions). Of course, the Agency will continue to accept timely filed paper documents. It would be helpful if you would furnish this office with your or your representative’s e-mail address for use by the Region for casehandling. Attention is called to your right, and the right of any party, to be represented by counsel or another representative in any proceeding before the National Labor Relations Board. In the event you choose to have a representative appear on your behalf, please have your representative complete “Notice of Appearance,” Form NLRB-4701. This form should be returned to this office as soon as possible. In view of our policy of processing these cases expeditiously, I anticipate that in the event you exercise your right to be represented by counsel or another representative you will do so promptly. Please be further advised that under the Freedom of Information Act, unfair labor practice charges and representation petitions are subject to prompt disclosure to members of the public upon request. In this regard, you may have received or may receive a solicitation by organizations or persons who have obtained public information concerning this matter and who seek to represent you before our Agency. You may be assured that no organization or person seeking your business has any “inside knowledge” or favored relationship with the National Labor Relations Board; their information regarding this matter is only that which must be made available to any member of the public. Prior to conducting a formal hearing, the staff member named below, who has been assigned to this matter, will be in contact with the parties to explore the issues and, if appropriate, to obtain an election agreement. If these contacts do not result in an election agreement, we may conduct an informal conference before the scheduled formal hearing. At this conference, the Board agent will explore all of the issues raised by the petition in an effort either to obtain an election agreement or narrow the issues which will be litigated at the hearing. It has been our experience that these informal conferences can be extremely useful in helping us in these regards, and that it is in the mutual interest of all parties, as well as the Agency, to explore fully all potential areas of agreement in order to eliminate or limit, to the extent possible, the significant costs associated with litigation. I encourage the parties to share all available information at this conference. Please note the enclosed Notice of Anticipated Telephone Conference and Notice of Anticipated Hearing. Please also note the enclosed pamphlet, Full Consent Election Agreements, in the event a hearing is necessary. In order to assist us in our investigation, please submit the following information immediately: 1. Commerce information, which may be furnished on the enclosed “Questionnaire on Commerce Information,” Form NLRB-5081. An extra copy of the form is enclosed for your files. 2. An alphabetized list of employees described in the petition together with their job classifications, for the payroll period immediately preceding the date of this letter. This list is to be used to resolve possible eligibility and unit questions as well as to determine the adequacy of the Petitioner’s showing of interest. 3. Copies of correspondence and existing or recently expired contracts, if any, covering employees in the unit alleged in the petition. Names of any other labor organizations(s) claiming to represent any of the employees in the proposed unit. 4. Your position as to the appropriateness of the unit. It has been our experience that the exchange of information made possible by providing the list of employees requested above in paragraph 2 to all parties to the case is an excellent aid in resolving many of the eligibility and unit questions that arise during case processing. Accordingly, I encourage you both to provide the list as requested in paragraph 2, and to permit me to provide the list to the other parties. Please state in your return correspondence whether you intend to provide the list and whether I may provide it to the other parties. Please be advised that in addition to the list of employees requested above in paragraph 2, in the event an election is agreed to or directed in this case, a list of the full names and addresses of all the eligible voters must be filed by the employer with the undersigned, who will in turn make it available to all parties to the case. The list must be furnished to the undersigned within seven (7) days of the direction of election or approval of an agreement to conduct an election. I am advising you now of this requirement so that you have ample time to prepare for the eventuality that such list may become necessary. It has been our experience that by the time a petition such as this one has been filed, employees may also have questions about what is going on and what may happen. At this stage in the handling of this case, we, of course, do not know what disposition will be made of the petition, but experience tells us that an explanation of rights, responsibilities and Board procedures can be helpful to your employees. The Board believes that employees should have readily available to them information about their rights and the proper conduct of employee representation elections. At the same time, employers and labor organizations should be apprised of their responsibilities to refrain from conduct which could impede employees’ freedom of choice. Accordingly, the Employer is requested to post the enclosed Notice to Employees in conspicuous places in areas where employees such as those described in the enclosed petition work and to advise me where in its facility the notice has been posted. Copies of this notice are also being made available to the labor organization(s) involved. In the event an election is not conducted pursuant to this petition, you are requested to remove the posted notice. In addition, I am enclosing two (2) copies of the pamphlet, “Your Government Conducts an Election,” for distribution to employees and to supervisory personnel. Additional copies of the pamphlet will be furnished upon request. Enclosed is a copy of Section 103.20 of the Board’s Rules and Regulations regarding the time period for posting Notices of Election. Investigation of this matter has been assigned to the staff member named below. If you have any questions, do not hesitate to communicate with the Board agent. Your cooperation in bringing this matter to an early conclusion will be appreciated. Should you make inquiry regarding this case, please refer to the case name and number, addressing your letter to the office shown below. Assistance is available for persons with limited English proficiency. Requests for such assistance should be communicated to the assigned office, as listed below, as early as possible. 1 Please note that customer service standards concerning the processing of representation cases have been published by the Agency and are available upon request from the Regional Office. Very truly yours, Rochelle Kentov Regional Director Enclosures Assigned To: cc: Board Agent Paul M. D'Aurora 201 E. Kennedy Blvd., Suite 530, Tampa, FL 33602 Telephone (813)228-2644 Board Agent E-mail:Paul.D'Aurora@nlrb.gov John Cumbess, President Independent Telemarketers Union P.O. Box 1752 1 The National Labor Relations Board will provide assistance to individuals with limited English. If you or anyone involved in this case is in need of assistance due to their limited English, please advise this Office as soon as possible. La Junta Nacional de Relaciones de Trabajo proveerá asistencia a personas con ingles limitado. Si uno necesita asistencia debido a su ingles limitado, debe avisar a esta Oficina tan pronto posible. Sarasota, FL 34230 Frank Hamilton, Esq. Frank Hamilton & Associates, P.A. P.O. Box 10756 Tampa, FL 33679 NOTICE OF ANTICIPATED TELEPHONE CONFERENCE AND NOTICE OF ANTICIPATED HEARING YOU ARE HEREBY NOTIFIED that if, after preliminary investigation, the undersigned has reasonable cause to believe that a question concerning representation exists within the meaning of Section 9(c) and 3(b) of the Act, a Notice of Hearing will issue scheduling a formal hearing for November 12, 2009 2 unless a signed election agreement is received from each proper party by November 4, 2009. YOU ARE ALSO NOTIFIED that a telephone conference will be held at 10:00 a.m. on November 9, 2009 in order to explore any issues to be raised at the hearing and to further discuss whether the parties will agree to the conduct of an election by this office. 3 DATED at Tampa, Florida, November 18, 2019. Rochelle Kentov, Regional Director National Labor Relations Board, Region 12 201 E. Kennedy Boulevard, Suite 530 Tampa, FL 33602-5824 2 ABSENT EXTRAORDINARY CIRCUMSTANCES, no postponement of the hearing will be granted beyond November 16, 2009. 3 Requests for postponement of the conference shall not be granted unless good cause is shown in writing. Of course, the conference will be cancelled if prior thereto the parties agree to the conduct of an election. (It is expected that any election would be held between 25 and 42 days from the filing of the petition.) FORM NLRB-4338 (6-90) UNITED STATES GOVERNMENT NATIONAL LABOR RELATIONS BOARD NOTICE NPTA-IUPA Fundraising Center Case: 12-RC-9386 The issuance of the notice of formal hearing in this case does not mean that the matter cannot be disposed of by agreement of the parties. On the contrary, it is the policy of this office to encourage voluntary adjustments. The examiner or attorney assigned to the case will be pleased to receive and to act promptly upon your suggestions or comments to this end. An agreement between the parties, approved by the Regional Director, would serve to cancel the hearing. However, unless otherwise specifically ordered, the hearing will be held at the date, hour, and place indicated. Postponements will not be granted unless good and sufficient grounds are shown and the following requirements are met: (1) The request must be in writing. An original and two copies must be filed with the Regional Director when appropriate under 29 CFR 102.16(a) or with the Division of Judges when appropriate under 29 CFR 102.16(b). (2) Grounds must be set forth in detail; (3) Alternative dates for any rescheduled hearing must be given; (4) The positions of all other parties must be ascertained in advance by the requesting party and set forth in the request; and (5) Copies must be simultaneously served on all other parties (listed below), and must be noted on the request. that fact Except under the most extreme conditions, no request for postponement will be granted during the three days immediately preceding the date hearing. Matt Edelson NPTA-IUPA Fundraising Center 3200 Flightline Drive Lakeland, FL 33811 John Cumbess, President Independent Telemarketers Union P.O. Box 1752 Sarasota, FL 34230 Frank Hamilton, Esq. Frank Hamilton & Associates, P.A. P.O. Box 10756 Tampa, FL 33679 (Revised 10/26/2009) Attachment ELECTRONIC FILINGS THROUGH THE AGENCY’S WEBSITE AND EMAIL COMMUNICATION WITH BOARD AGENTS ELECTRONIC FILING OF DOCUMENTS WITH THE AGENCY: All Regional Offices are in the process of creating an electronic investigative case file that contains electronic copies of all documents in the paper case file. This electronic case file initiative is a central component of the Agency’s development of a new case management system called NxGen. When the NxGen system is deployed throughout the Agency, this system will provide parties greater access to public information about pending cases. To facilitate this important initiative, the Agency strongly urges all parties to submit documents and other materials (except unfair labor practice charges and representation petitions) through the Agency’s EFiling system on its website: http://www.nlrb.gov. On the home page of the Agency’s website, click on the “E-Gov” tab, select E-Filing, and follow the detailed instructions. The following documents may be filed electronically through the Agency’s website: • • • • • • • • • • • • • • • • • • Answer to Complaint or Compliance Specification. However, if the electronic version of an Answer to a Complaint or a Compliance Specification is not in a pdf format that includes the signature of the party or its representative, the original answer containing the required signature must be submitted to the Regional Office by traditional means within three (3) business days after the date of electronic filing. Appeal Filings to the Office of the General Counsel Briefs Disclaimer of Interest EAJA Applications Evidence Excelsior List Exceptions or Cross Exceptions Extension of Time Request Motions and Oppositions to Motions Notice of Appearance Objections to an Election Petition to Revoke a Subpoena or Response Position Statement Request for Review Request for Special Permission to Appeal Request to Proceed Withdrawal Request E-FILINGS MUST BE TIMELY: The Agency will accept electronic filings up to 11:59 p.m. in the time zone of the receiving office on the due date. Filings accomplished by any other means must comply with the requirements of Section 102.111 of the Board's Rules and Regulations. • A document will be considered timely filed if the E-Filing receipt reflects that the entire document was received by the Agency’s E-Filing system before midnight local time on the due date. (Midnight is considered the beginning of a new day.) Filings accomplished by any other means such as mail, personal delivery, or facsimile (if allowed), must be received by the close of business in the receiving office on the due date. • Unlike the Federal Courts, the Agency does not add 3 days to any due date regardless of the manner the document to which the filer is responding was served. • Although the Agency’s E-Filing system is designed to receive filings 24 hours per day, parties are strongly encouraged to file documents in advance of the filing deadline and during the normal business hours of the receiving office, in the event problems are encountered and alternate means of filing become necessary. • The receiving office’s staff will respond to non-technical questions regarding the E-Filing system during normal business hours. For technical problems, please refer to the E-Filing FAQ or send an email to e-filing@nlrb.gov. If you wait until after the close of business to attempt to E-File and encounter problems, no one will be available to assist you. • Technical Failure. If the Agency's E-Filing system is unable to receive documents for a continuous period of more than 2 hours after 12 noon (Eastern Time), the site will be declared to be in technical failure. Notice of the technical failure determination will be posted on the website as soon as possible. Scheduled service, system maintenance or upgrades, or when the system will be unavailable to receive filings, will also be posted. If the system is determined to be in technical failure on the due date for the filing of a document and the failure prohibited a party from E-Filing, the document must be filed by 5:00 p.m. (Eastern Time) on the next business day. • User Problems. Problems with a user's telephone lines, internet service provider, hardware, or software; user problems in understanding or following the E-Filing instructions; or rejection of a document because it contains a virus do not constitute a technical failure and will not excuse an untimely filing. A filer who cannot E-File a document because of any of these user problems must file conventionally and timely. The Agency’s offices have no lobby facilities for filing after the close of business. Thus, a user who waits until after close of business on the due date to attempt to EFile does so at his/her peril. If you are unsure whether the problem is a technical failure or a user problem, assume it is a user problem. • If a timely, conventional filing is impossible because a user problem developed after close of business on the due date, the user should attempt to E-File using another computer with internet access, such as another computer in the office, a home computer, a computer at a public library, or a computer at a commercial business service center. ELECTRONIC FILING IS A THREE-STEP PROCESS: Electronic filing is not complete until all three steps of the process are completed: (1) entering your data and uploading your document(s); (2) reviewing and confirming your submission; and (3) receiving your receipt with confirmation number. PREFERRED DOCUMENT FORMAT IS PDF: The preferred format for submitting documents using EFiling is Adobe's Portable Document Format (*.pdf). However, in order to make the Agency’s E-Filing system more widely available to the public, persons who do not have the ability to submit documents in PDF format may submit documents in Microsoft Word format (*.doc). Persons who do not have the ability to submit documents in either PDF or Microsoft Word format may submit documents in simple text format (*.txt). Regardless of the format, all documents E-Filed with the Agency must be submitted in a “readonly” state. DOCUMENTS MUST BE VIRUS-FREE: Users are responsible for taking all reasonable steps to prevent sending any material to the Agency that contains computer viruses. All submissions using this E-Filing Form will be scanned for viruses. Any submission that contains a virus will automatically be deleted by the Agency's computer system and thus will not be processed. Rejection of a filing because it contains a virus will not excuse a late filing and is considered to be a user problem, not a technical failure as defined herein. DOCUMENTS MUST BE COMPLETE: Any document submitted electronically to the Agency must be complete. Any attachments must be converted into electronic form and included as part of the document. No attachments may be filed (either electronically or by service of hardcopy) separately from the electronic document under any circumstances. Exception: Position statements or documentary evidence 2 submitted to a Regional Office during an unfair labor practice investigation or documents relating to appeals pending before the Office of Appeals may be filed as separate attachments. CERTAIN DOCUMENTS MUST INCLUDE STATEMENT OF SERVICE: All documents submitted to a Regional, Subregional or Resident Office, which under the Board's Rules and Regulations must be served on other parties to the case, must include a statement of service showing how that document was served on other parties in accordance with the service requirements of Section 102.114(i) of the Board's Rules and Regulations. This rule provides: "In the event the document being filed electronically is required to be served on another party to a proceeding, the other party shall be served by electronic mail (email), if possible. If the other party does not have the ability to receive electronic service, the other party shall be notified by telephone of the substance of the transmitted document and a copy of the document shall be served by personal service no later than the next day, by overnight delivery service, or, with the permission of the party receiving the document, by facsimile transmission." OFFICIAL BUSINESS: Outside parties may send electronic communications to Regional, Subregional and Resident Offices dealing only with official Agency business. E-MAIL COMMUNICATIONS WITH BOARD AGENTS: To encourage and facilitate the exchange of case handling information between the parties or their representatives and Board agents, individual Board agents’ E-mail addresses will be made available to the parties. We encourage parties and/or their representatives to provide the Regional, Subregional or Resident Office with their E-mail addresses. Email communications with a represented party generally will be through the party’s attorney or other representative. If an outside party and/or its representative provides its E-mail address, Board agents will accept and send E-mail messages to arrange appointments, schedule witnesses and exchange other case-relevant information. If a party and/or its representative requests that communications not be sent by E-mail, Board agents will honor such request after receipt of the request in the Regional, Subregional or Resident Office. Please note that Board agents may, on occasion, be out of the Regional office and unable to receive time-sensitive E-mails. It is critically important that all substantive E-mails and any documents listed above should be filed with the Regional Office through the Agency’s website (http://www.nlrb.gov) as outlined above. QUESTIONS: Any questions about the Agency’s E-filing policies may be directed to an NLRB Information Officer during regular business hours. 3 S R E4 0 S United States Government NATIONAL LABOR RELATIONS BOARD Region 12 Telephone 813-228-2641 201 E. Kennedy Boulevard, Suite 530 Facsimile 813-228-2874 Tampa, Florida 33602-5824 www.nlrb.gov November 2, 2009 John Cumbess, President Independent Telemarketers Union P.O. Box 1752 Sarasota, FL 34230 Re: NPTA-JUPA Fundraising Center Case 12-RC-9386 Board Agent: Paul M. D'Aurora Telephone No.: (813)228-2644 E-mail Address: Paul.D'Aurora@nlrb.gov Dear Mr. Cumbess: The petition which you filed has been assigned the above case number and will be investigated by the above-named Board agent whose telephone number and E-mail address are also listed above. Please note that the agent may be unable to access E-mails when the agent is away from the office. For that reason, you are encouraged to submit all your evidence to the agent through the Agency’s E-Filing system, described below. On all correspondence regarding this charge, please include the case name and number indicated above. If you or your representative has not yet spoken with the Board agent regarding this petition, please call the Board agent. If you are a non-English speaker and need assistance, please inform the Board agent assigned to this case. Procedures: If you have an E-mail address, please provide that address to the agent in order to expedite our communication with you. FILING DOCUMENTS WITH REGIONAL OFFICES: The Agency is moving toward a fully electronic records system. To facilitate this important initiative, the Agency strongly urges all parties to submit documents and other materials (except unfair labor practice charges and representation petitions) to Regional Offices through the Agency’s EFiling system on its website: http://www.nlrb.gov (See Attachment to this letter for instructions). Of course, the Agency will continue to accept timely filed paper documents. Form NLRB 4812 briefly explains the procedures followed in the processing of representation cases, such as the petition in this case, and explains your right to be represented if you choose. h:\r12com\region 12 r cases\12-rc-9386\regional determination\ltr.12-rc-9386.original petition (for petitioner).doc 11/4/2009 -2- 12-RC-9386 That form and the forms to designate a representative are available upon request from the Regional Office or on the Agency’s website, http://www.nlrb.gov . Customer service standards concerning the processing of representation cases are available upon request from the Regional Office or by clicking the Public Notices button on the Agency’s website. Notice of Hearing: If it appears the petition is appropriate and the parties have not made a firm commitment to waive hearing and consent to the conduct of an election by this office, we intend to issue a Notice of Hearing within four days from the filing of the petition. Please see the attached Notice of Anticipated Hearing for specifics. If you decide to retain counsel or other representative, that person should be notified immediately of the dates contained therein. Right to Representation: Attention is called to your right, and the right of any party, to be represented by an attorney or other representative in any proceeding before the National Labor Relations Board and the courts. If you wish to have a representative appear on your behalf, please have your attorney or other representative complete the enclosed Form NLRB-4701, Notice of Appearance, and forward it to the respective Regional Office as soon as a representative is chosen. In view of our policy of processing these cases expeditiously, in the event you exercise your right to be represented by counsel or other representative, you should do so promptly. If your representative is an attorney, such attorney will receive exclusive service of all documents, except that you and your attorney will both receive those documents described in Casehandling Manual, Part Two, Representation Proceedings, Section 11008.7, available on the Agency’s internet web page www.nlrb.gov . However, your attorney may consent to have additional documents or correspondence served on you by making the appropriate designation on Form NLRB-4701, Notice of Appearance. If your representative is not an attorney, you and your representative may receive copies of all documents and correspondence. Submission of Information: If you have not already done so, please submit within forty-eight hours copies of all correspondence and contracts, if any, between the Employer and your organization bearing upon the question of representation of the petitioned-for employees. You are also requested to notify the Board agent at once of the names of any interested party who should be apprised of the proceeding, such as another labor organization claiming to represent any of the employees in the proposed unit or an employer who may be a joint employer of the employees in the proposed unit. Failure to disclose the existence of an interested party may affect the processing of the petition to a final conclusion. If potential voters will need notices or ballots translated into a language other than English, please advise the Board agent of the names of those languages and dialects, if applicable. Representative to Receive List of Eligible Voters: If an election is agreed to or directed in this case, the Board requires that the Employer file with this office a list of names and addresses of all the eligible voters. I will then make that list available to all other parties to the case. As only one copy of the list will be available for each party, please advise the Board agent promptly of the representative to whom the list is to be submitted. Absent notice to the contrary, the list will be submitted to the addressee of this letter at the above-listed address. Information for Employees: The Board believes that employees should have readily available information about their rights and the proper conduct of employee representation elections. 11/4/2009 -3- 12-RC-9386 Accordingly, we have asked the employer to post a Notice to Employees, Form NLRB 5492 (895), which explains employees’ basic rights under the National Labor Relations Act. If you would like a copy of that Notice, please let the Board agent know. We have also prepared the pamphlet "Your Government Conducts an Election" which you or the employer may distribute to employees. The pamphlet is available at www.nlrb.gov/publicat.html or from our office. You may reproduce copies of the Notice and the pamphlet for distribution to employees, provided they are not modified in any way. Freedom of Information Act: Please be further advised that under the Freedom of Information Act, unfair labor practice charges and representation petitions are subject to prompt disclosure to members of the public upon request. In this regard, you may have received or may receive a solicitation by organizations or persons who have obtained public information concerning this matter and who seek to represent you before our Agency. You may be assured that no organization or person seeking your business has any “inside knowledge” or favored relationship with the National Labor Relations Board; their information regarding this matter is only that which must be made available to any member of the public. Very truly yours, Rochelle Kentov Regional Director Enclosures CC:Frank Hamilton, Esq. Frank Hamilton & Associates, P.A. P.O. Box 10756 Tampa, FL 33679 FORM NLRB-877 (4-84) UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD NPTA-IUPA FUNDRAISING CENTER Employer Case No. and 12-RC-9386 INDEPENDENT TELEMARKETERS UNION Petitioner DATE OF MAILING November 2. 2009 AFFIDAVIT OF SERVICE OF PETITION I, the undersigned employee of the National Labor Relations Board, being duly sworn, depose and say that on the date indicated above I served the above-entitled document(s) by regular mail and by fax upon the following persons, addressed to them at the following addresses: Matt Edelson NPTA-IUPA Fundraising Center 3200 Flightline Drive Lakeland, FL 33811 John Cumbess President Independent Telemarketers Union P.O. Box 1752 Sarasota, FL 34230 Frank Hamilton, Esq. Frank Hamilton & Associates, P.A. P.O. Box 10756 Tampa, FL 33679 Subscribed and sworn to before me on November 2, 2009 Latoria Grinder DiEIGNAATED44)T (LLJ'. FT1OIIAtTABOR RELATIONS BOARD UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 12 NPTA-IUPA FUNDRAISING CENTER Employer and Case No. 12-RC-9386 INDEPENDENT TELEMARKETERS UNION Petitioner NOTICE OF REPRESENTATION HEARING The Petitioner filed the attached petition pursuant to Section 9(c) of the National Labor Relations Act. It appears that a question affecting commerce exists as to whether the employees in the unit described in the petition wish to be represented by a collective-bargaining representative as defined in Section 9(a) of the Act. YOU ARE NOTIFIED that, pursuant to Sections 3(b) and 9(c) of the Act, at 9:30 a.m., on November 16, 2009, and on consecutive days thereafter until concluded, at the National Labor Relations Board, 201 E. Kennedy Blvd., Suite 530, Tampa, FL., a hearing will be conducted before a hearing officer of the National Labor Relations Board. At the hearing the parties will have the right to appear in person or otherwise, and give testimony. (Form NLRB4669, Statement of Standard Procedures in Formal Hearings Held Before The National Labor Relations Board Pursuant to Petitions Filed Under Section 9 of The National Labor Relations Act, as Amended, is attached.) Signed at Tampa, Florida, on November 4, 2009 Margaret J. ri'iaz Acting Regional Director Region 12 National Labor Relations Board 201 E. Kennedy Boulevard, Suite 530 Tampa, Florida 33602-5824 Attachments UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 12 NPTA-IUPA FUNDRAISING CENTER Employer and Case No. 12-RC-9386 INDEPENDENT TELEMARKETERS UNION Petitioner WITHDRAWAL OF NOTICE OF HEARING AND APPROVAL OF WITHDRAWAL REQUEST The undersigned having previously issued a Notice of Representation Hearing; the Petitioner having since requested that it be permitted to withdraw the Petition without prejudice; and the undersigned having duly considered the matter, IT IS HEREBY ORDERED that the Notice of Representation Hearing previously issued be, and it is, withdrawn; and that the Petitioner's request to withdraw the Petition be, and it is, granted. DATED at Tampa, Florida, this 17th day of November, 2009. Rochelle Kentov, Regional Director National Labor Relations Board Region 12 201 E. Kennedy Blvd., Suite 530 Tampa, FL 33602 FORM NLRB-877 (4-84) UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD NPTA-IUPA FUNDRAISING CENTER Employer Case No. and 12-RC-9386 INDEPENDENT TELEMARKETERS UNION Petitioner DATE OF MAILING AFFIDAVIT OF SERVICE OF November 17, 2009 WITHDRAWAL OF NOTICE OF HEARING AND APPROVAL OF WITHDRAWAL REQUEST I, the undersigned employee .of the National Labor Relations Board, being duly sworn, depose and say that on date indicated above, I served the above-entitled document(s) via facsimile and U.S. regular mail upon the following persons, addressed to them at the following addresses: Matt Edelson NPTA-IUPA Fundraising Center 3200 Flightline Drive Lakeland, FL 33811 John Cumbess, President Independent Telemarketers Union P.O. Box 1752 Sarasota, FL 34230 Aaron Nisenson, General Counsel International Union of Police Associations, AFL-CIO 1549 Ringling Blvd. - 6th Floor Sarasota, FL 34236 Frank Hamilton, Esq. Frank Hamilton & Associates, P.A. P.O. Box 10756 Tampa, FL 33679 Glenn W Harris, Dir. of Organizing United food and Commercial Workers, Local 1625 705 E. Orange Street Lakeland, FL 33801 Margarita Machado Subscribed and sworn to before me on November 17, 2009 DESIGNATED AGENT NATIONAL LABOR RELATIONS BOARD UNITED STATES GOVERNMENT NATIONAL LABOR RELATIONS BOARD REGION 12 201 E Kennedy Blvd., Ste. 530 Tampa, FL 33602-5824 Agency Website: www.nlrb.gov Telephone: (813)228-2641 Fax: (813)228-2874 December 15, 2017 John Cumbess, President Independent Telemarketers Union P.O. Box 1752 Sarasota, FL 34230-1752 Re: NPTA-IUPA Fundraising Center Case 12-RC-009386 Dear Cumbess: Enclosed is the showing of interest that you submitted in connection with the above-referenced matter. Very truly yours, David Cohen Regional Director i.t. Enclosures