SUPPLEMENTAL DECISION AND ORDER 2
I. INTRODUCTION
The Petitioner labor organization seeks to amend the December 19, 2002 collective bargaining agent certification 3 for the Employing Office’s Capitol Facilities Branch to substitute Teamsters Local 639 for Teamsters Local 246 as the certified exclusive bargaining representative. The Petitioner asserts that as a consequence of a membership merger election Local 246 merged into Local 639 in January 2003.
II. PARTIES’ POSITIONS
The Employing Office opposes the amendment to certification petition and asks that it be dismissed on several technical grounds. The Employing Office also asserts that the petition is fatally flawed because the election for Teamsters Local 246 to merge into Teamsters Local 639 failed to meet due process standards reflected in key Federal Labor Relations Authority precedents. The Employing Office noted, inter alia, that no bargaining unit member was eligible to vote in the merger election because none were members of Teamsters Local 246.
Petitioner submits that the merger election complied with guiding case law precedent, afforded due process, and provided full continuity of representation by the merged Local 639 retaining the same constitution, dues structure, and servicing union business agents that this bargaining unit previously enjoyed through Teamsters Local 246. Petitioner submits that because Teamsters Local 246 was under International trusteeship at the time of the merger election, the Local’s membership would not lose their elective officers because there were none. Petitioner acknowledged, however, that no bargaining unit member, at that time, was eligible to vote in the merger election.. Finally, the Petitioner asked the Board, should it find the petition deficient, to sanction from among three prospective curative courses of action the Petitioner posited.4
