Seattle-First National Bank

National Labor Relations Board - Board DecisionsNov 18, 1982

265 N.L.R.B. 426 (N.L.R.B. 1982)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD Seattle-First National Bank and Financial Institu- tion Employees of America, Local No. 1182, chartered by United Food and Commercial Workers International Union, AFL-CIO. Cases 19-CA-11364 and 19-AC-23 November 18, 1982 SUPPLEMENTAL DECISION AND ORDER On September 28, 1979, the National Labor Re- lations Board issued its Decision and Order in Case 19-CA-113641 finding that the Respondent had violated Section 8(a)(5) and (1) of the National Labor Relations Act, as amended, by refusing to recognize and bargain with Financial Institution Employees of America, Local No. 1182, after it had affiliated with United Food and Commercial Workers International Union, AFL-CIO,2 and changed its name from Firstbank Independent Em- ployees Association (herein FIEA) to Financial In- stitution Employees of America, Local No. 1182. 3 The Respondent was ordered to recognize and bar- gain with the newly affiliated Union. On June 27, 1980, the United States Court of Appeals for the Ninth Circuit granted the Board's motion to with- draw the record on review, and the parties were notified on October 30, 1980, that the Board had decided, sua sponte, to reconsider its decision and that statements of position could be submitted. The Board received timely statements of position from the Charging Party and the Respondent. The Board has reconsidered its decision in light of the entire record and the statements of position and, for the reasons set forth herein, has decided to dismiss the complaint in Case 19-CA-11364 in its entirety, and to dismiss the petition and revoke the amended certification in Case 19-AC-23. The facts have been fully set forth in the Board's Decision and Amendment of Certification, 241 NLRB 751. Briefly summarized they are as fol- lows: FIEA was certified by the Board on Novem- ber 30, 1970. The parties entered into their initial collective-bargaining agreement in 1971. The most recent collective-bargaining agreement was termi- nated by the Respondent in 1977. ' 245 NLRB 700. 2 Initially, the Local affiliated with Retail Clerks International Union, AFL-CIO. Thereafter, the International merged with Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CIO, cre- ating the United Food and Commercial Workers. In Case 19-CA-11364 the Board amended the name of the Charging Party. 245 NLRB 700 at fn. I. 3 As a result of its affiliation FIEA petitioned the Board to amend its certification. The petition was granted and an Amendment of Certifica- tion was issued at 241 NLRB 751 (1979). Thereafter, the Respondent re- fused to recognize and bargain with the affiliated Union. Accordingly, because of the relationship between Case 19-CA-11364 and Case 19- AC-23 the Board has decided, sua sponte, to consolidate them. 265 NLRB No. 55 In 1977 the executive council of FIEA unani- mously agreed to seek affiliation with the Retail Clerks. Meetings were held, which were open to all unit members, throughout the State of Washing- ton. At these meetings the affiliation was discussed along with voter eligibility requirements. Eligible to vote were current FIEA members and those who joined by January 19, 1978. In addition to the meetings, letters were sent to all unit members ex- plaining, inter alia, the eligibility requirements. Thereafter, the Washington State Public Employ- ment Relations Commission conducted a secret- ballot election. Ballots were mailed to 2,624 union members; there was approximately 4,800 employees in the unit. Of the union members, 1,206 voted for affiliation and 774 against. On April 1, 1978, FIEA was granted a charter by the Retail Clerks. The Respondent argues, inter alia, that the affili- ation election is invalid because only members of FIEA were permitted to vote. In accordance with our recent decision in Amoco Production Company,4 this contention is correct. The issue in Amoco, as here, was the validity of a "members only" affili- ation vote. The Board held that an affiliation vote in which nonmembers are not permitted to vote violates fundamental due-process standards. In this case nonmembers were not permitted to vote in the affiliation election. Accordingly, the election did not meet minimal due-process stand- ards and the affiliation was improper. The Re- spondent, therefore, did not violate Section 8(a)(5) of the Act when it refused to bargain with Finan- cial Institution Employees of America, Local No. 1182, chartered by United Food and Commercial Workers International Union, AFL-CIO. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Re- lations Board hereby orders that its Decision and Order in Case 19-CA-11364 (245 NLRB 700) be vacated and the complaint be, and it hereby is, dis- missed in its entirety. IT IS FURTHER ORDERED that the Board's Deci- sion and Amendment of Certification issued in Case 19-AC-23 (241 NLRB 751) be, and it hereby is, vacated. IT IS FURTHER ORDERED that the petition in Case 19-AC-23 be, and it hereby is, dismissed. MEMBERS FANNING and ZIMMERMAN, dissenting: An affiliation election is nothing more than an internal union matter upon which the Board gener- 4 262 NLRB 1240 (1982) (Members Fanning and Zimmerman dissent- ing). 426 SEATTLE-FIRST NATIONAL BANK ally will not intrude. For this reason, and as more fully set forth in our dissenting opinion in Amoco Production Company,5 we would find that the affili- ation election conducted herein fully met adequate due-process requirements and reaffirm the original decisions. i 262 NLRB 1240 (1982). 427