East Division, Federal Credit Union

National Labor Relations Board - Board Decisions

Oct 12, 1971

193 N.L.R.B. 682 (N.L.R.B. 1971)

682 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
East Division , Federal Credit Union ; Maintenance
Division , Federal Credit Union ; West Mills Divi-
sion, Federal Credit Union ; Tech . Admin. & C. M.
Div., Federal Credit Union 1 and United Steelwork-
ers of America, AFL-CIO , Petitioner. Case
13-RC-12415
October 12, 1971
DECISION ON REVIEW
BY CHAIRMAN MILLER AND MEMBERS
FANNING AND KENNEDY
On April 23, 1971, the Regional Director for Region
13 issued a Decision and Direction of Election in the
above-entitled proceeding in which he asserted
jurisdiction over all four of the credit unions involved,
each having been stipulated to be a separate employ-
er, finding that all four met the nonretail standard and
that two of them, East and Maintenance, also met the
retail standard; and he directed an election in a unit of
office clerical employees of each of the Employers.
Thereafter, the Employers, in accordance with the
National Labor Relations Board Rules and Regula-
tions, Series 8, as amended, filed a request for review
of the Regional Director's Decision on the grounds,
inter alia, that, in asserting jurisdiction over West
Mills and Tech. Admin. & C. M. on the basis of the
nonretail standard, he erroneously relied on Braniff
Airways Federal Credit Union, 189 NLRB No. 50,
instead of Lansing A utomakers Federal Credit Union,
150 NLRB 1122, which applied the retail standard to
credit unions; and that there are compelling reasons
for reconsideration of policy in the matter.
The National Labor Relations Board by telegraphic
order dated May 19, 1971, granted the request for
review with respect to the elections directed for
employees of West Mills and Tech. Admin. & C. M.,
stayed those elections pending decision on review,
and authorized the Regional Director to proceed with
the elections directed in the units of employees of East
and Maintenance. Thereafter, the Employers filed a
brief on review. On June 29, 1971, the Board issued a
Notice To Show Cause why, in the light of certain
facts in the record, it should not, despite the parties'
stipulation to the contrary, find all four credit unions
named in the caption to be a single entity for
jurisdictional purposes and, on that basis, assert
jurisdiction over West Mills and Tech. Admin. & C.
M. The Employers filed a response.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
I The credit unions named in the caption are referred to herein as East,
Maintenance , West Mills, and Tech Admin & C M, respectively
2 Indiana Bottled Gas, Inc, 128 NLRB 1441; Man Products, Inc, 128
powers in connection with this case to a three-member
panel.
The Board has considered the entire record in this
case with respect to the issues under review, including
the Employers' brief on review and their response to
the Notice To Show Cause, and hereby affirms the
Regional Director's Decision and Direction of Elec-
tion for the following reasons:
Without relying on the factual predicate set forth in
the Notice To Show Cause, and accepting for the
purposes of this case the parties' stipulation that each
of the Employers is a separate entity for jurisdictional
purposes, we conclude, as did the Regional Director,
that it will best effectuate the policies of the Act to
assert jurisdiction over West Mills and Tech. Admin.
& C. M. on the basis of record facts indicating that
their operations meet the Board' s nonretail standard.
We reach this conclusion upon a reconsideration and
clarification of our policy as to the assertion of
jurisdiction over credit union enterprises.
In the Lansing case , the Board recognized that the
operations of a credit union were not typical of either
retail or nonretail enterprises but decided that the
impact of their operations on commerce could be
appropriately assessed by applying the retail stand-
ard. Upon reconsideration, we believe that credit
union operations, like those of many financial
institutions, have aspects of both retail and nonretail
enterprises. To the extent credit unions lend money to
or secure deposits from individuals, their operations
appear to be retail in nature. To the extent they invest
their funds in Treasury notes or commercial ventures,
their activities are nonretail in character. In the past,
where an enterprise has been found to have both retail
and nonretail characteristics, we have utilized either
jurisdictional standard.2 And, in cases involving
banking institutions, we have relied on commerce
facts pertaining to both their gross volume and the
inflow or outflow of their funds across state lines.3
Indeed, in the Braniff case involving a Federal credit
union, relied on by the Regional Director, jurisdiction
was asserted on the sole basis of facts measurable
under the nonretail standard. We find, therefore, that
the impact on commerce of credit union operations
may be measured by either the retail or nonretail
standard.
Accordingly, as we have affirmed the Regional
Director's assertion of jurisdiction herein, the case is
hereby remanded to him for the purpose of conduct-
ing elections among the employees of West Mills
Division and Tech. Admin. & C. M. Div., Federal
Credit Unions pursuant to his Decision and Direction
of Election, except that the period for determining
NLRB 546
3 Bank of St. Louis, 191 NLRB No. 119, The Connecticut Bank and
Trust Company, 114 NLRB 1293
193 NLRB No. 103
EAST DIV., FED. CREDIT UNION 683
eligibility shall be the payroll period immediately preceding the date of issuance.4
I In order to assure that all eligible voters may have the opportunity to
be informed of the issues in the exercise of their statutory right to vote, all
parties to the election should have access to a list of voters and their
addresses which may be used to communicate with them Excelsior
Underwear Inc, 156 NLRB 1236, NL RB v Wyman -Gordon Co, 394 U S
759 Accordingly , it is hereby directed that a corrected election eligibility
list, containing the names and addresses of all the eligible voters , must be
filed by the Employer with the Regional Director for Region 13 within 7
days of the date of this Decision on Review The Regional Director shall
make the list available to all parties to the election No extension of time to
file this list shall be granted by the Regional Director except in
extraordinary circumstances Failure to comply with this requirement shall
be grounds for setting aside the election whenever proper objections are
filed