47:0242(16)AC - - Naval Aviation Depot, Naval Air Station, Alameda, CA and IAM, Lodge 1584 - - 1993 FLRAdec AC - - v47 p242
[ v47 p242 ]
The decision of the Authority follows:
47 FLRA No. 16
FEDERAL LABOR RELATIONS AUTHORITY
NAVAL AVIATION DEPOT
NAVAL AIR STATION
INTERNATIONAL ASSOCIATION OF MACHINISTS AND
AEROSPACE WORKERS, LODGE 1584, AFL-CIO
ORDER DENYING APPLICATION FOR REVIEW
March 31, 1993
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This case is before the Authority on an application for review filed by the International Association of Machinists and Aerospace Workers (IAM) under section 2422.17(a) of the Authority's Rules and Regulations. The Activity and IAM Lodge 1584 jointly filed the petition in this case, seeking to amend the certification for an existing bargaining unit to reflect a change in: (1) the name of the Activity; and (2) the name of the exclusive representative. In her Decision and Order, the Acting Regional Director (ARD) granted the petition with respect to the name of the Activity, but denied the proposed amendment of certification to change the name of the exclusive representative and dismissed the petition in that respect. Accordingly, the ARD stated that she would issue a certification amending the name of the Activity.
IAM seeks review of the ARD's decision. The Activity did not file an opposition to the application for review. For the reasons discussed below, we find that IAM has not established any basis for review of the ARD's Decision and Order. Accordingly, we deny the application for review.
II. Background and Regional Director's Decision (*)
On January 6, 1977, IAM Lodge 739 was certified as the exclusive representative of a bargaining unit of approximately 2300 wage grade employees and Production Controllers employed at the Naval Air Rework Facility, Naval Air Station, Alameda, California. Effective April 20, 1987, the Activity's name was changed from the Naval Air Rework Facility, Naval Air Station, Alameda, California to the Naval Aviation Depot, Naval Air Station, Alameda, California.
Effective December 31, 1991, IAM "merged IAM Lodge 739 with another IAM local lodge [IAM Lodge 1584]." ARD's Decision at 2. The ARD found that, since the merger, IAM Lodge 1584 has been responsible for representing the employees in the bargaining unit. The merger "was implemented by IAM administratively and no election was held among employees in the bargaining unit concerning the change." Id. The ARD found that, since the merger, "[t]he change in local lodge representational responsibility has had no effect on the day-to-day representation of the bargaining unit[;] [t]he steward system remains intact[;] [and] [t]he IAM Grand Lodge continues to assign a Business Agent to assist the on-site unit employee stewards." Id. The ARD also found that, since the merger, "[t]he parties continue to follow the provisions of the collective bargaining agreement in effect prior to the change in local lodge representational responsibility." Id.
The ARD found that the proposed amendment to the name of the Activity was merely a nominal or technical change that accurately reflected the current name of the Activity and did not otherwise alter the nature and scope of the bargaining unit. Therefore, the ARD found that it was appropriate to amend the certification with respect to the name of the Activity and stated that she would grant the petition with respect to the proposed change in the name of the Activity. IAM does not seek review of the ARD's conclusion in that respect.
The ARD denied the proposed amendment of certification to change the name of the exclusive representative. The ARD stated that an exclusive representative which proposes to change affiliation must follow the procedures established in Veterans Administration Hospital, Montrose, New York, 4 A/SLMR 859 (1974), review denied, 3 FLRC 259 (1975) (Montrose), and specifically adopted by the Authority and applied to the merger involved in Florida National Guard, St. Augustine, Florida, 25 FLRA 728 (1987) (Florida National Guard I). As stated by the ARD, under Montrose, an exclusive representative which proposes to change affiliation is required to:
(1) hold a special meeting of the members of the organization with adequate notice to all members to discuss the proposed change; (2) hold the meeting at a time and place convenient to all members; (3) provide adequate time at the special meeting for discussion of the proposed change; and (4) take a secret ballot vote of the members of the organization, with the ballot clearly stating the change proposed.
ARD's Decision at 2.
The ARD stated that "[t]he purpose of the Montrose procedures is to ensure that the employees affected by a change in affiliation decide by the ballot box whether they wish to affiliate with a different labor organization." Id. at 3. The ARD found that although IAM "may determine administratively to merge local lodges, such as the merger involved in this case[,] . . . in order [to support a petition] to change the exclusive representative for the bargaining unit in this case to another IAM local lodge, it was necessary to follow the Montrose procedures." Id. (citations omitted).
The ARD found that the Montrose procedures were not followed in this case. The ARD noted that "[n]o special meeting of IAM Lodge 739 members was held to discuss the proposed change and no secret ballot vote was taken concerning the desires of the employees with respect to their exclusive representative." Id. Therefore, the ARD denied the proposed amendment of certification to change the name of the exclusive representative from IAM Lodge 739 to IAM Lodge 1584 and dismissed the petition in that respect.
III. Application for Review
IAM seeks review of the ARD's decision under section 2422.17 of the Authority's Regulations, alleging that: (1) substantial questions of law or policy are raised by the decision; (2) the decision is erroneous on a substantial factual issue and such error prejudicially affects the rights of IAM; an