DECISION SUMMARY
Public Case No. AC 1991-012
(Cross References R 1975-098, UC 1978-005, RD 1980-042, UC 1984-110, R 1986-017, AC 1990-021 and UC 2001-028)
Kansas City Association of Educational Office Personnel (KCAEOP) v.
Kansas City School District, Kansas City, Missouri
KCAEOP filed a petition to amend its certification as bargaining representative of certain employees of the Kansas City School District in order to reflect its affiliation with the Kansas City Federation of Teachers, Local 691, AFT. An earlier decision of the Board dismissed the petition because due process was not followed in the “show of hand” vote to affiliate. The union then held a secret election. The applicable legal standard is that when an affiliation of one union with another prompts the union to seek an amendment of Board certification, the affiliation will be reviewed to determine, (1) whether there was substantial continuity between the pre-affiliation and post-affiliation unions, and (2) whether the union members had an adequate opportunity to vote on affiliation. In evaluating the first requirement, factors such as whether the local union retained local autonomy, local offices, and continued to follow established procedures will be considered. In evaluating the second requirement, the Board looked to due process considerations such as whether adequate notice of the vote was given, whether there was opportunity to discuss affiliation, and whether reasonable precautions were taken to maintain ballot security. Applying these factors, the Board concluded that the legal standard was met, and issued an order granting amendment of certification.
Date Issued: March 28, 1991