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NLRB Law Memo 02/24/2006
by Ross Runkel at LawMemo

NLRB Law Memo 02/24/2006
by LawMemo - World's Best.

NLRB - Staff summarized 1 decision this week.

Teamsters United Parcel Service National Negotiating Committee on behalf of Teamsters Local 89 (9-CB-10817, et al.; 346 NLRB No. 49) Louisville, KY Feb. 17, 2006.

The Board adopted the administrative law judge's findings that the Respondent Union violated Section 8(b)(1)(A) and (2) of the Act by accepting exclusive recognition as the representative of previously unrepresented UPS international auditors (clerk auditors) and ODC/FDC clerks, at a time when a majority of these employees had not designated the Union as their representative, and by entering into a contract with UPS as the collective-bargaining representative and receiving dues from the pay of certain previously unrepresented clerk auditors and ODC/FDC clerks.

At issue is whether the Union violated the Act by executing and maintaining a collective-bargaining agreement with UPS in 2002, which extended the existing UPS nationwide bargaining unit it represents to include all ODC/FDC clerks and clerk auditors.

The General Counsel contended that the clerk auditors had been historically excluded from the bargaining unit and therefore could not lawfully be accreted to the unit. The judge found that the addition of the clerk auditors employed at UPS' Louisville, KY facility constituted an unlawful accretion to the bargaining unit. In his limited exceptions, the General Counsel requested that the Board clarify that the violation is nationwide in scope, encompassing not only Louisville, but also nearly 1000 UPS locations where the General Counsel asserts that clerk auditors also have never been represented by the Union.

The Board concluded, however, that the General Counsel did not present sufficient evidence to establish a nationwide violation. It found merit in the General Counsel's exceptions only to the extent that it determined that the clerk auditors employed at four additional UPS facilities located in Ontario, CA, Buffalo, NY, Hialeah, FL, and Philadelphia, PA had been historically excluded from the unit and therefore, the Union's unlawful conduct extended to these four locations.

(Chairman Battista and Members Schaumber and Walsh participated.)

Charges filed by Porter Lady, Kelly Southworth, Melissa Curry, and Tom Moxley, Individuals; complaint alleged violation of Section 8(b)(1)(A) and (2). Hearing at Louisville, Oct. 5?6, 2004. Adm. Law Judge Lawrence W. Cullen issued his decision Jan. 19, 2005.

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