Lansing Automakers Federal Credit Union

National Labor Relations Board - Board Decisions

Jan 18, 1965

150 N.L.R.B. 1122 (N.L.R.B. 1965)

1122 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
it is the sole foundation supporting the essential element of union animus without
which the complaint must fall . Even assuming that the events of 1964 present an
ambiguous situation which requires a look backward to give a rational explanation to
Mrs. Almeida 's conduct, the old activities are too remote in time to be persuasive
now.6
Accordingly , I shall recommend dismissal of the complaint in its entirety.
RECOMMENDED ORDER
Upon the basis of the foregoing findings and conclusions , it is recommended that
the complaint herein be dismissed in its entirety.
0 Compare Inland Seas Boat Co., 131 NLRB 706.
Lansing Automakers Federal Credit Union and Local 393, Office
Employees International Union , AFL-CIO, Petitioner. Case
No. 7-RC- 397. January 18, 1965
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9(c) of the National
Labor Relations Act, as amended, a hearing was held before Hearing
Officer Irene Piccone. The Hearing Officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
1. The Employer, a Federal credit union operating under a charter
from, and the supervision of, the Bureau of Federal Credit Unions
of the Department of Health, Education, and Welfare, is a private
nonprofit corporation engaged in the extension of consumer credit
to employees of the Oldsmobile Division of General Motors Corpora-
tion in Lansing, Michigan, to whom its membership is restricted by
charter.
As of the end of 1963, the Employer had 10,093 active depositors
and total deposits amounting to approximately $8,757,000. Its total
outstanding investments or loans amounted to $7,836,000. During
1963 it loaned approximately $11 million to individual members and
approximately $300,000 to other Michigan credit unions. In the
same year, it deposited $550,000 in California savings and loan asso-
ciations and invested $150,000 in 90-day U.S. Treasury bills. Its
profits during 1963 were derived as follows : $827,000 from loans to
individual members, $17,150 from loans to Michigan credit unions,
and $24,500 from loans to California savings and loan associations.
Its total income during 1963 amounted to $869,000. The parties have
deferred to the Board in the matter of the assertion of jurisdiction
in this case.
Plainly, legal jurisdiction over the Employer exists. However, the
Board has not asserted its jurisdiction to the legal limit but has, in
150 NLRB No. 105.
LANSING AUTOMAKERS FEDERAL CREDIT UNION 1123
the exercise of its judicially sanctioned discretion, restricted the
scope of its permissive jurisdiction to cases which meet certain juris-
dictional standards which have been promulgated from time to time
in response to changing policy and budgetary considerations. With
reference to the most recent jurisdictional standards, promulgated
in 1958, it appears that the operations of this Employer do not pre-
cisely fit any of the standards fashioned for specific types of special-
ized enterprises. As for the more generalized standards, the non-
retail standard was designed to comprehend enterprises engaged in
production and in the rendition of services and it measures the com-
merce impact of such an enterprise by dollar inflow or outflow. Such
a test would not appear to be applicable to the operation of a credit
union whose sources of income are limited to interest on loans, as
appears above.
Inasmuch as the Employer is not engaged in a retail business,, the
retail standard 1 was not designed expressly for it either. Neverthe-
less , we believe that the impact of a credit union upon commerce may
be appropriately assessed by applying the $500,000 monetary stand-
ard which has been adopted for the retailer. We shall, however,
require that this amount be satisfied in terms of annual gross income
such as from loans, deposits, and investments. We are of the opinion
that such a standard reasonably assures the assertion of jurisdiction
over those labor disputes involving credit unions which tend to exert
a real impact upon -commerce.
As the Employer's gross income exceeds the minimum amount re-
quired under the relevant standard, the Board finds that it will effec-
tuate the purposes of the Act to assert jurisdiction herein.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9(c) (1) and Section 2(6) and (7) of the Act.
4. We find, in accordance with the agreement of the parties, that
a unit of ' all office clerical employees and technical employees of the
Employer, including clerk tellers, bookkeeping machine operators,
loan interviewers, loan distributors, and assistant management train-
ees, but excluding maintenance employees, professional employees,
guards, and supervisors as defined in the Act, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9(b) of the Act.
[Text of Direction of Election omitted from publication.]
1 Carolina Supplies and Cement Co , 122 NLRB 88.