DECISION AND ORDER AMENDING CERTIFICATION OF REPRESENTATIVE

I. INTRODUCTION

The Petitioner labor organization seeks to amend the April 11, 2000 collective bargaining agent certification 2 to substitute Teamsters Local 639 for Teamsters Local 246 as the certified exclusive bargaining representative. The Petitioner asserts that as a consequence of a special membership election Local 246 merged into Local 639 in January 2003.

II. PARTIES’ POSITIONS

Petitioner submits that the merger election complied with guiding case law precedent, afforded due process, and provided full continuity of representation by the merged Teamsters Local 639 retaining the same constitution, dues structure, and servicing union business agents that this bargaining unit previously enjoyed through Teamsters Local 246. Petitioner states 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.

The Employing Office does not oppose the amendment of certification petition and has asked the Board to determine whether it complies with controlling law.

III. DISCUSSION

The Federal Labor Relations Authority (“Authority”), in also applying Title V, U.S.C. Chapter 71 of the Federal Service Labor-Management Relations Statute, has well settled case law in the area of amendment to certification petitions involving labor organization affiliations or mergers. In either situation, two conditions must be met: due process and continuity of representation. These two conditions were first described by the Assistant Secretary of Labor for Labor Management Relations, under the Executive Order 11491 Program, in Veterans Administration Hospital, Montrose, New York (“Montrose”), 4 A/SLMR 858 (1974). The Authority specifically adopted Montrose in Florida National Guard, St. Augustine, Florida, 25 FLRA 728 (1987).3