DECISION AND ORDER OF THE BOARD OF DIRECTORS AMENDlNG CERTIFICATIONS OF REPRESENTATIVE
This case is before the Board on a Petition to amend four Certifications of Representative (”Petition”) filed by Council 26 of the American Federation of State, County and Municipal Employees, Council 26 (“Council 26″ or ” Petitioner”). For the reasons that follow, we grant the Petition.
I. Introduction and Background
The Petitioner is a labor organization and is the duly-certified exclusive representative of the employees of the Office of the Architect of the Capitol (“AOC” or “Employing Office”) in the following units:
- All Visitor Assistants and Capitol Guides employed by the Capito l Visitor Center, Architect of the Capitol, except supervisors, management officials and employees described in 5 U.S.C. Section (7 1 I 2](b)(2), (3), (4), (6), and (7), as applied by the Congressional Accountability Act.
- All employees of the Gift hop Division, U.S. Capitol Visitor Center, Architect of the Capitol, [excluding a]ll supervisors, management officials and employees described in 5 U.S.C. Section 7 112(b)(2), (3), (4), (6), and (7), as applied by the Congressional Accountability Act.
As reflected in the parties’ collective bargaining agreement, as the exclusive bargaining representative, Council 26 has delegated to AFSCME Local 658 the authority to act for and negotiate agreements covering all employees in these bargaining units.
Council 26 seeks to amend the foregoing Certifications to substitute AFSCME District Council 20 (”Council 20″‘) for Council 26 as the certified exclusive bargaining representative. Council 26 asserts that it has now merged with Council 20, and that the members of these bargaining units have voted in favor of changing their affiliation/certification to Council 20.
II. The Parties’ Positions
The Petitioner submits that the merger election complied with guiding case law precedent. afforded due process, and provided full continuity of representation by Council 20, with the merged entity retaining the same constitution, dues structure, and servicing union representative that these bargaining units previously had under Council 26.
