Seattle-First National Bank

National Labor Relations Board - Board Decisions

Nov 18, 1982

265 N.L.R.B. 426 (N.L.R.B. 1982)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Seattle-First National Bank and Financial Institu-
tion Employees of America, Local No. 1182,
chartered by United Food and Commercial
Workers International Union, AFL-CIO. Cases
19-CA-11364 and 19-AC-23
November 18, 1982
SUPPLEMENTAL DECISION AND
ORDER
On September 28, 1979, the National Labor Re-
lations Board issued its Decision and Order in Case
19-CA-113641 finding that the Respondent had
violated Section 8(a)(5) and (1) of the National
Labor Relations Act, as amended, by refusing to
recognize and bargain with Financial Institution
Employees of America, Local No. 1182, after it
had affiliated with United Food and Commercial
Workers International Union, AFL-CIO,2 and
changed its name from Firstbank Independent Em-
ployees Association (herein FIEA) to Financial In-
stitution Employees of America, Local No. 1182. 3
The Respondent was ordered to recognize and bar-
gain with the newly affiliated Union. On June 27,
1980, the United States Court of Appeals for the
Ninth Circuit granted the Board's motion to with-
draw the record on review, and the parties were
notified on October 30, 1980, that the Board had
decided, sua sponte, to reconsider its decision and
that statements of position could be submitted. The
Board received timely statements of position from
the Charging Party and the Respondent.
The Board has reconsidered its decision in light
of the entire record and the statements of position
and, for the reasons set forth herein, has decided to
dismiss the complaint in Case 19-CA-11364 in its
entirety, and to dismiss the petition and revoke the
amended certification in Case 19-AC-23.
The facts have been fully set forth in the Board's
Decision and Amendment of Certification, 241
NLRB 751. Briefly summarized they are as fol-
lows: FIEA was certified by the Board on Novem-
ber 30, 1970. The parties entered into their initial
collective-bargaining agreement in 1971. The most
recent collective-bargaining agreement was termi-
nated by the Respondent in 1977.
' 245 NLRB 700.
2 Initially, the Local affiliated with Retail Clerks International Union,
AFL-CIO. Thereafter, the International merged with Amalgamated
Meat Cutters and Butcher Workmen of North America, AFL-CIO, cre-
ating the United Food and Commercial Workers. In Case 19-CA-11364
the Board amended the name of the Charging Party. 245 NLRB 700 at
fn. I.
3 As a result of its affiliation FIEA petitioned the Board to amend its
certification. The petition was granted and an Amendment of Certifica-
tion was issued at 241 NLRB 751 (1979). Thereafter, the Respondent re-
fused to recognize and bargain with the affiliated Union. Accordingly,
because of the relationship between Case 19-CA-11364 and Case 19-
AC-23 the Board has decided, sua sponte, to consolidate them.
265 NLRB No. 55
In 1977 the executive council of FIEA unani-
mously agreed to seek affiliation with the Retail
Clerks. Meetings were held, which were open to
all unit members, throughout the State of Washing-
ton. At these meetings the affiliation was discussed
along with voter eligibility requirements. Eligible
to vote were current FIEA members and those
who joined by January 19, 1978. In addition to the
meetings, letters were sent to all unit members ex-
plaining, inter alia, the eligibility requirements.
Thereafter, the Washington State Public Employ-
ment Relations Commission conducted a secret-
ballot election. Ballots were mailed to 2,624 union
members; there was approximately 4,800 employees
in the unit. Of the union members, 1,206 voted for
affiliation and 774 against. On April 1, 1978, FIEA
was granted a charter by the Retail Clerks.
The Respondent argues, inter alia, that the affili-
ation election is invalid because only members of
FIEA were permitted to vote. In accordance with
our recent decision in Amoco Production Company,4
this contention is correct. The issue in Amoco, as
here, was the validity of a "members only" affili-
ation vote. The Board held that an affiliation vote
in which nonmembers are not permitted to vote
violates fundamental due-process standards.
In this case nonmembers were not permitted to
vote in the affiliation election. Accordingly, the
election did not meet minimal due-process stand-
ards and the affiliation was improper. The Re-
spondent, therefore, did not violate Section 8(a)(5)
of the Act when it refused to bargain with Finan-
cial Institution Employees of America, Local No.
1182, chartered by United Food and Commercial
Workers International Union, AFL-CIO.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
lations Board hereby orders that its Decision and
Order in Case 19-CA-11364 (245 NLRB 700) be
vacated and the complaint be, and it hereby is, dis-
missed in its entirety.
IT IS FURTHER ORDERED that the Board's Deci-
sion and Amendment of Certification issued in
Case 19-AC-23 (241 NLRB 751) be, and it hereby
is, vacated.
IT IS FURTHER ORDERED that the petition in Case
19-AC-23 be, and it hereby is, dismissed.
MEMBERS FANNING and ZIMMERMAN, dissenting:
An affiliation election is nothing more than an
internal union matter upon which the Board gener-
4 262 NLRB 1240 (1982) (Members Fanning and Zimmerman dissent-
ing).
426
SEATTLE-FIRST NATIONAL BANK
ally will not intrude. For this reason, and as more
fully set forth in our dissenting opinion in Amoco
Production Company,5 we would find that the affili-
ation election conducted herein fully met adequate
due-process requirements and reaffirm the original
decisions.
i 262 NLRB 1240 (1982).
427