Texas Plastics, Inc.

National Labor Relations Board - Board Decisions

Aug 13, 1982

263 N.L.R.B. 394 (N.L.R.B. 1982)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Texas Plastics, Inc. and United Food and Commer-
cial Workers International Union, AFL-CIO,
Local Union No. 171, Petitioner. Case 23-AC-
44
August 13, 1982
DECISION ON REVIEW
On September 25, 1980, the Regional Director
for Region 23 issued his Decision and Order
Amending Certification of Representative in the
above-entitled proceeding in which he amended
Petitioner's certification, substituting United Food
and Commercial Workers International Union,
AFL-CIO, Local Union No. 171, for Amalgamat-
ed Meat Cutters and Butcher Workmen of North
America, AFL-CIO (herein Meat Cutters).
Thereafter, in accordance with Section 102.67 of
the National Labor Relations Board Rules and
Regulations, Series 8, as amended, the Employer
filed a timely request for review of the Regional
Director's decision on the grounds that the Region-
al Director erred in finding that Petitioner is a
legal successor to Meat Cutters as neither the Em-
ployer's employees nor the Petitioner's members
were permitted to vote on the merger of Meat Cut-
ters and Retail Clerks International Union (herein
Retail Clerks) to form the United Food and Com-
mercial Workers International Union, AFL-CIO
(herein UFCW).
By telegraphic order dated November 18, 1980,
the National Labor Relations Board granted the
Employer's request for review.
The Board has considered the entire record in
this case with respect to the issue under review,
and makes the following findings:
On December 2, 1963, Meat Cutters was certi-
fied in Case 23-RC-2148 as the collective-bargain-
ing representative of the production and mainte-
nance employees employed at the Employer's Elsa,
Texas, facility. Subsequently, apparently following
prior agreements, Meat Cutters Local No. 171 and
the Employer entered into a collective-bargaining
agreement on April 24, 1978, for the period effec-
tive February 4, 1978, through and including Feb-
ruary 3, 1980.
On June 5 and 6, 1979, Meat Cutters and Retail
Clerks held a special convention in Washington,
D.C., attended by delegates of both unions for the
purpose of effectuating a merger to form UFCW.
According to the merger agreement, approved by
the convention and effective June 7, 1979, the
UFCW's executive board was to be comprised of
both Internationals' vice presidents, secretary-trea-
surers, and presidents. The geographical divisions
or districts of Meat Cutters were to remain unal-
tered, with any proposed change requiring unani-
263 NLRB No. 59
mous agreement of the Meat Cutters representa-
tives on the UFCW executive board. All standing
committees of the International unions were to sur-
vive unless a counterpart existed, in which case the
duplicative committees were to be consolidated.
Local unions, including Local 171, automatically
became charter members of UFCW, and were not
required to merge with other locals. Additionally,
the agreement provided that UFCW assumed all
rights, property, and obligations of the two Inter-
national unions, including the responsibility for ad-
ministering all collective-bargaining agreements.
Also pursuant to the agreement, all members of the
Meat Cutters and Retail Clerks became members of
the UFCW as of the date of their original member-
ship in their respective unions.
Although permitted to send four delegates,
Local 171's executive committee met on March 24,
1979, and voted not to send delegates to the special
convention. Local 171's members did not vote on
the proposed merger of the International unions
but were notified of the merger in small shop meet-
ings by Local 171's business agents.
Subsequent to the merger, Local 171 was noti-
fied that it would be receiving a new charter, re-
flecting UFCW as the International union. The
same officers, staff, dues structure, operating
bylaws, and geographical jurisdiction that existed
prior to the merger were retained by Local 171
after the merger.
Based on the foregoing, the Regional Director
found that the identity and continuity of the bar-
gaining representative has been preserved subse-
quent to its change in name in June 1979, and
granted the amendment of certification. We agree.
In so finding, we reject the Employer's conten-
tion that the change in name is improper because
its employees, and Local 171's members, did not
participate in or ratify the merger. The record
amply demonstrates that there is continuity of rep-
resentation. Thus, nothing but Local 171's designa-
tion-i.e., that it is chartered by UFCW rather
than Meat Cutters-changed. Indeed, the same per-
sonnel who serviced Local 171's various shops
continued doing so after the merger of the Interna-
tional unions, the jurisdiction of Local 171 re-
mained the same after the merger, and the rights
and privileges of the employees represented by
Local 171 were unchanged by the merger. More-
over, Local 171 was given the opportunity to send
delegates to the special convention, but its execu-
tive committee exercised its discretion to choose
not to do so.' Additionally, we note that the em-
' Erby M. Rendon, Petitioner's financial secretary, testified that Peti-
tioner chose not to send delegates because of financial considerations and
not as an expression of dissent to the merger of the International unions.
394
TEXAS PLASTICS, INC.
ployees, by their membership, were bound to the
terms and conditions of the Meat Cutters constitu-
tion, which expressly authorized the Meat Cutters
International executive board to merge Meat Cut-
ters with other International unions. 2 Pursuant to
this constitutional authority, the Meat Cutters In-
ternational executive board, through the merger
agreement with Retail Clerks, bound its members
and locals, including Local 171, to become mem-
bers and locals of the newly formed UFCW. 3
' Constitution of the Amalgamated Meat Cutters and Butcher Work-
men of North America, AFL-CIO. as amended (1976), art. VII. sec. 2(d).
* Merger Agreement of Retail Clerks and Meat Cutters, sec. 11, 13.
Therefore, as the merger of the two International
unions did not affect representation at the local
level, and no improprieties by Meat Cutters were
established, we hereby affirm the Regional Direc-
tor's amendment of the certification. 4 This amend-
ment is not, however, to be considered a new certi-
fication or a recertification.
4 Warehouse Groceries Management Inc, 254 NLRB 252, 256 (1981);,
St Mary's Home, Inc t/a St Mary's Infant Home, 255 NLRB 1139, 1140
(1981). See also American Enka Company. a Division of Akona Incorporat-
ed, 231 NLRB 1335, 1337 (1977); Wellman Industries. Inc, 248 NLRB
325, 328 (1980).
395