Automotive & Allied Industries Local 618 (Sears, Roebuck & Co.), 865 (1997)
National Labor Relations Board
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Automotive & Allied Industries Local 618 (Sears, Roebuck & Co.), 865 (1997)
Automotive, Petroleum and Allied Industries Employees Union, Local 618 (Sears, Roebuck and Company) and Eric W. Becker. Case 14-CB- 7803
October 29, 1997DECISION AND ORDERBY CHAIRMAN GOULD AND MEMBERS FOX AND HIGGINSThe central question in this case is whether the Respondent violated Section 8(b)(1)(A) by soliciting, maintaining, and enforcing contracts with individual employees under which the employees agree to pay ''financial-core'' fees to the Union for the duration of the Union's representation of the employees, or for the duration of their employment, whichever is shorter.1The National Labor Relations Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge's rulings, findings, and conclusions only to the extent consistent with this Decision and Order.The Employer and the Union have been parties to successive collective-bargaining agreements. The agreement in place at the time of the events at issue here was effective from August 1, 1988, through July 31, 1991. This agreement did not contain any union-security provision. Thus, no employee was required, as a condition of employment, to provide financial support to the Union.Prior to the expiration of the 1988-1991 agreement, the union steward informed unit employees at the Chesterfield facility that unless a sufficient number of employees paid dues to the Union, the Union could not afford to continue to represent the employees. Employees were told that they did not have to join the Union, but those who did wish to join would have to sign a ''financial-core'' agreement. This document states in pertinent part:For and in consideration of the Agreement of Teamsters Local Union No. 618 to continue to act and serve as my collective bargaining representative as a Sears employee in an appropriate collective bargaining unit, I agree to become a financial-core member of the Union and pay the fees uniformly charged to financial-core members during the term of my employment by Sears. I understand that the fees which financial-core members are required to pay to the Union at the present time is $- per month; but I am aware that those fees may change from time to time, and I will agree to pay any adjusted amounts upon notification from the Union.I understand that nothing contained in this Agreement requires me to become or remain a member of the Union, or restricts my right to join or resign from the Union as I see fit; and the amounts I have agreed to pay to the Union as a financial-core member have no connection with union membership in any way whatsoever.. . . .This agreement shall terminate on the termination of my ...See the full content of this document
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