Operations In Fiscal Year 1988 - National Labor Relations Board

Representation Proceedings 53which faculty routinely exercised authority, and because the Dubuquefaculty's authority in academic matters was not absolute.Member Johansen cited the fact that Yeshiva faculty exercisedauthority in 18 areas, and also that the Supreme Court found theYeshiva faculty had absolute authority in academic matters.Member Johansen found the authority exercised by Dubuque facultymembers in nonacademic areas to be significant, but concludedthat, on the whole, the Dubuque faculty lacked the depthand breadth of authority possessed by the Yeshiva faculty and,therefore, the Dubuque faculty members were nonmanagerial.F. Union AffiliationSection 9(c)(1) of the Act provides the Board with the authorityto issue certifications of bargaining representatives. Impliedwithin this authority is the Board's capacity to amend its certifications—onpetition of a party—to reflect changes in the representativeor the employer that do not present a question concerningrepresentation. One of the most common situations underlyinga petition for amendment of certification is the affiliation ofthe bargaining representative with another labor organization.In Western Commercial Transport," the Board examined itsrole, under the guiding light of NLRB v. Financial InstitutionEmployees, 32 of how properly to determine whether an affiliationof one labor organization with another raises a question concerningrepresentation.The Board's traditional method of determining whether an affiliationraises a question concerning representation was to decideif the affiliation procedure was conducted with appropriate dueprocess safeguards and whether there was a substantial change inthe identity of the representative entity. However, the relativeweight to be accorded these factors had not been fully consideredand precedent in the area presented conflicts.In Western Commercial, the certified representative was theSouthwest Tank Lines Employees Union (STLEU), a . small, independentunion whose entire membership was composed of theemployees of the employer. The union leadership, facing deterioratingfinances and a declining membership, investigated theprospects of affiliating with a larger and more fmancially soundorganization. A plan was worked out with the International Associationof Machinists for the STLEU to affiliate with IAMDistrict Lodge 776. After explaining to employees, in meetingsand by letter, the effects of an affiliation, the union conducted asecret-ballot vote among all unit members, resulting in a 71 to 13vote in favor of affiliation.31 288 NLRB No. 27 (Chairman Stephens and Members Babson and Cracraft; Member Johansendissenting).32 475 U.S. 192 (1986).