REPRESENTATION ISSUES; QUESTION CONCERNING REPRESENTATION (QCR) – In General/Definition
Single Topic for Decision A216E
Full Decision Text (click on the link to view): Full Text
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; pp. 9-10, proposed dec. The focus of the substantial continuity inquiry is to determine whether the affiliation substantially changed the union; p. 9, proposed dec. The focus of the due process inquiry 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; p. 9, proposed dec. 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 an employee organization to limit the vote on the decision to affiliate or disaffiliate with another organization, to its members exclusive representative include the originally certified union's interaction with management and the ability of the local members to control the actions of the union's officers; pp. 8-9. Certain changes due to an associations' disaffiliation, such as changes in dues structure, are inherent in a reorganization and should not be afforded significant weight.