UNITED STATES OF AMERICA

BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 28

INDEPENDENT CERTIFIED EMERGENCY PROFESSIONALS, LOCAL NO. 1
and Case 28-CB-092161
PROFESSIONAL MEDICAL TRANSPORT, INC. d/b/a PMT AMBULANCE



APPEAL for comprehensive enforcement
Cases 28-CA-22175
28-CA-22289
28-CA-22338
28-CA-22350
28-CA-22519
9
th
Circuit Order No. 11-71785 (September 23rd, 2011

On behalf of:
INDEPENDENT CERTIFIED EMERGENCY PROFESSIONALS OF ARIZONA, LOCAL #1





Background
1) (a) At all material times, the Employer has been a corporation with an office and place of
business in Mesa, Arizona (the Respondents facility), and has been engaged in the business of providing
emergency medical services and transportation.
(b) In conducting its operations during the 24-month period ending Respondent purchased
and received at the Employers facility goods valued in excess of $50,000 directly from points outside
the State of Arizona.

(c) At all material times, the Employer has been an employer engaged in commerce within the
meaning of Section 2(2), (6), and (7) of the Act.
2. At all material times, Respondent has been a labor organization within the meaning of Section
2(5) of the Act.
3. At all material times, the following individuals held the positions set forth opposite their
respective names and have been agents of Respondent within the meaning of Section 2(13) of the Act:
Joshua S. Barkley - President
Mathew Schwartz- Secretary-Treasurer
4). (a) The following employees of the Employer (the Unit) constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9(b) of the Act:

All full-time field paramedics, EMTs IEMTs and registered nurses; excluding administrative staff
individuals, support services or personnel not directly operating in the field as an EMS provider, guards,
office clericals and supervisors as defined by the National Labor Relations Act.
Request for Review:

The Regio decided to submitted an informal settlement for charges in case 28 CA-117950 for suspending
unit members without negotiating with the union. This case alone is the 4
th
and 5
th
unit member that
fell victim to the serial violations of this ruthless employer, however, now we are at unit members 6. 7.
8. 9. And 10. Unit member #8 was the Union VP and negotiator who was suspended for a policy that
did not exist, first without pay, then with pay. Brad Taylor is the Union VP an previous NLRB Federally
subpoenaed witness who has now been retaliated against by the same management crew that was
involved in the cases that were upheld by the 9
th
circuit. There is a cease and desist order agains
retaliation against Union officers and/or members for participating in union activities, yet PMT proceeds
uninhibited by the Region.

August 5
th
of 2013 represented case number.28-CA-089300 and case 28-CA-099144 where the same
PMT Ambulance management team had retaliated against Tony Lopez, previous Union VP, now on
appeal at your level and has been since January of 2014. PMT Ambulance has retaliated against Federal
witnesses since 2009 and continues to do so now without inhibition or enforcement of law.

8 U.S. Code 1513 - Retaliating against a witness, victim, or an informant:
(d) There is extraterritorial Federal jurisdiction over an offense under this section.
(e) Whoever knowingly, with the intent to retaliate, takes any action harmful to any person, including
interference with the lawful employment or livelihood of any person, for providing to a law enforcement
officer any truthful information relating to the commission or possible commission of any Federal
offense, shall be fined under this title or imprisoned not more than 10 years, or both.
(f) Whoever conspires to commit any offense under this section shall be subject to the same penalties as
those prescribed for the offense the commission of which was the object of the conspiracy.
(g) A prosecution under this section may be brought in the district in which the official proceeding
(whether pending, about to be instituted, or completed) was intended to be affected, or in which the
conduct constituting the alleged offense occurred.

These ongoing retaliatory actions can no longer go ignored. The violation of a 9
th
circuit court order is a
crime, the violation of the above codes is a crime, yet the employer goes uninhibited and even
emboldened by the lack of law enforcement.
When the NLRB has a non-compliant party, they send the case to District court for an enforcement
order. In standard Labor cases, this would be the logical next step. However, as noted in the Unions
appeal In January 0f 2014 on the above case numbers, these infractions are a matter of failed
enforcement by the Region. We have a 9
th
circuit court order in place to cease and desist retaliating
against unit members. Yet that continues to date with the last case the VP of the ICEP, Brad Taylor.

We now have failure to follow new NLRB guidelines for the 5
th
11th time, and all settlements or
infractions have been in 2014. Its not a matter of understanding; it is a matter of respect for law. This
company has declared Bankruptcy nationwide, multiple Medicare fraud cases and a history of anti-
union tactics across the country. This labor-management relationship has an 8 year history, and
although the company has been sold twice, the players are the same and the violators of law continue
to operate without interference from Region 28 or the NLRB. The relentless ULP, retaliation and
conspired actions against the ICEP and their representative is a matter of historical and documented
history. Yet we continue to play this settlement game. Which has clearly failed and is a modification of
9th Circuit court order # 11-71785 upholding cases 28-CA-22175 28-CA-22289 28-CA-22338 28-CA-
22350 28-CA-22519.

As we move forward, they have again retaliated against another Union Officer and negotiator, Matthew
Swartz for a purported violation that was not on duty and violated no policy. He was forced to meet
with 5 Fire Department officers and 3 firefighters with a PMT Regional Manager and serial retaliator Bev
Lemoine hosting the interviews. The Union was not notified, the Presidents request to attend was
ignored by Rural Metro Counsel Robert Coyle, who defended the action as a non-disciplinary meeting
for a non-policy violation.

Additionally, Robert Coyle, attorney for the company, has now threatened to sue the President if these
matters are discussed during correspondence for collective bargaining.

The ICEP has been promised many times by the Region that no formal settlement will be entered into
without a CBA in place, due to the lengthy unilateral retaliation by Rural Metro. Yet, in the Grand
Settlement of 2012, Cases 28-CA-022175 28-CA-022289 28-CA-022338 28-CA-022350 28-CA-022519
28-CA-023399 28-CA-060435 28-CA-061218 28-CA-062824, that did not happen, and the door was open
to continue pre-planned retaliation against Union organizers and officers.

Thus our Appeal to the Board for enforcement of the order, and an injunction until enforcement is
verified. We request this action based on the 9
th
circuit court order that is in place and repeatedly
ignored by Region 28 after the sale to Rural Metro. We grieve this action secondary to Rural Metros
proven veracity to retaliate and violate new labor standards after settling them repeatedly. We grieve
this action because no CBA is place, as promised prior to any formal settlements, to finish the deal that
was started 8 years ago. We refuse to play victim in any circumstance due to the lack of enforcement in
this case. The 10
th
circuit has issued decisions in the past stating that NLRB Region Directors lack the
authority to Modify any District order, yet it is done with abandon in this case.

PLEA

We ask that the Board issue a 10j injunction against Rural Metro to cease and desist violation of Labor
Law, retaliation against Federal witnesses, and retaliation against Union Officers until thorough
enforcement has taken place at the highest level. We ask that all action against the Union be held in
abeyance until the Regional Directors promise of a CBA has been completed. We were told that this is
an endurance race, and not a sprint. We were not told that there would be no enforcement of law
when crimes are committed.

Joshua S. Barkley, ICEP President

Copies emailed to:

Cornelle Overstreet, Regional Director, Region 28
William Mabry. Attorney for the General Counsel, Region 28
Robert Coyle, Attorney for the Respondent.
,