Extract
United Parcel Service, 326 (1991)
United Parcel Service and Sara F. Griffin. Teamsters National United Parcel Service Negotiating Committee and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 385, AFL-CIO, its Agent and Sara F. Griffin. Cases 12-CA- 12749 and 12-CB-3028
June 11, 1991DECISION AND ORDERBY MEMBERS DEVANEY, OVIATT, AND RAUDABAUGHThe issue presented is whether Respondent United Parcel Service (UPS) and Respondent Teamsters violated Section 8(a)(1), (2), and (3) and Section 8(b)(1)(A) and (2) of the Act, respectively, by executing and maintaining a collective-bargaining agreement in 1987 which extended an existing nationwide bargaining unit to include a group of employees who had historically been excluded from that unit. The judge found that the challenged action involved a lawful accretion.1 For the reasons set forth below, we find merit in the General Counsel's exceptions to this finding.The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge's rulings,2 findings, and conclusions only to the extent consistent with this Decision and Order.UPS engages in the interstate transportation and distribution of parcels. Prior to 1979, approximately 220 local unions of the International Brotherhood of Team-sters had individual bargaining relationships with various UPS facilities located throughout the country. Operations clerks3 were included in the bargaining unit at some facilities and were excluded from the unit at other facilities.In 1979, UPS and the Teamsters executed their first National Master Agreement consolidating all previously represented units into a single nationwide bargaining unit. Article 1, section 2, of that agreement was entitled ''Employees Covered'' and stated ''Em- ployees covered by this Agreement shall be construed to mean, where already recognized . . . clerks.'' The term ''clerks'' referred to operations clerks.Approximately 40 percent of UPS operations clerks had not previously been represented in a recognized Teamsters bargaining unit when the 1979 National Master Agreement was executed. Notwithstanding the contract reference to coverage of clerks ''where already recognized,'' the Union asserted that all operations clerks should be covered by the 1979 agreement. The contrary view of UPS prevailed in practice, however, so that previously unrepresented operations clerks were excluded from the nationwide unit.During negotiations for a new National Master Agreement in 1982, the Union proposed deletion of ''where already recognized'' from the ''Employees Covered'' section. UPS rejected this proposal. The language of that section in the new 1982 agreement remained the same as in its predecessor. Consequently, previously unrepresented operations clerks continued to be unrepresented.On August 1, 1987, the parties executed a new 3-year National Master Agreement. This time the Union prevailed in its effort to include all operations clerks in the bargaining unit. The relevant portion of article 1, section 2, of the new contract c...See the full content of this document
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