REPRESENTATION ISSUES; QUESTION CONCERNING REPRESENTATION (QCR) – In General/Definition
Single Topic for Decision A215E
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1307.01000 – In General/Definition
The appropriate test for determining whether a question concerning representation exists in a case of affiliation or disaffiliation is the NLRB's traditional substantial continuity and due process analysis. The focus of the substantial continuity inquiry is to determine whether the disaffiliation substantially changed the Union. The focus of the due process analysis is to determine whether the election was conducted with adequate safeguards, including notice of election, and adequate opportunity for members to discuss the election and reasonable precautions to maintain ballot secrecy. In accord with the U.S. Supreme Court's decision in NLRB v. Financial Institution Employees, the local association is within its rights as an employee organization to limit the vote on the decision to affiliate or disaffiliate with another organization, to its members only. An amendment of certification is appropriate to reflect the disaffiliation where (1) the changes resulting from the disaffiliation were not sufficiently dramitic to alter the local organization's identity; and (2) the disaffiliation election was conducted with adequate due process safeguards in accordance with the organization's constitution. Such changes in certification are not appropriate where, as a result of that change, a question concerning representation is created. QCR defined as sufficient doubt about the union's continuing status as the legitimate representative of employees in a particular unit such that a new election should be conducted to determine employee sentiment. Substantial continuity where officers and negotiator remained the same. Change in dues structure, modification of constitution and loss of affiliate; services did not alter substantial continuity. Due process does not require a vote of all members of the bargaining unit just union members.