PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS – Dissolution or Inactive Status; Successor Unions; Affiliation
Single Topic for Decision A216E
Full Decision Text (click on the link to view): Full Text
202.03000 – Dissolution or Inactive Status; Successor Unions; Affiliation
An amendment of certification is appropriate to reflect an affiliation or disaffiliation where there is no change in the basic identity of the representative chosen by the employees; p. 8, P.D. Such changes in certification are not appropriate where, as a result of that change, a question concerning representation is created; p. 8, P.D. The effective date of disaffiliation is the date of the union's decision to disaffiliate; p. 14. 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, P.D. The focus of the substantial continuity inquiry is to determine whether the affiliation substantially changed the union; p. 9, P.D. The focus of the due process inquiry is to determine whether the election was conducted with adequate safeguards, the union; p. 9, P.D. The focus of the due process inquiry is to determine whether the election was conducted with adequate safeguards, ballot secrecy; p. 9, P.D. 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; p. 8, P.D. Factors considered significant in determining if there has been a change in identity of the 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. Disaffiliation where there is no QCR becomes effective as of the date of decision to disaffiliate.