East Division, Federal Credit Union

682 DECISIONS OF NATIONAL LABOR RELATIONS BOARD East Division, Federal Credit Union ; Maintenance Division, Federal Credit Union; West Mills Divi- sion, Federal Credit Union ; Tech. Admin. & C. M. Div., Federal Credit Union 1 and United Steelwork- ers of America, AFL-CIO, Petitioner. Case 13-RC-12415 October 12, 1971 DECISION ON REVIEW BY CHAIRMAN MILLER AND MEMBERS FANNING AND KENNEDY On April 23, 1971, the Regional Director for Region 13 issued a Decision and Direction of Election in the above-entitled proceeding in which he asserted jurisdiction over all four of the credit unions involved, each having been stipulated to be a separate employ- er, finding that all four met the nonretail standard and that two of them, East and Maintenance, also met the retail standard; and he directed an election in a unit of office clerical employees of each of the Employers. Thereafter, the Employers, in accordance with the National Labor Relations Board Rules and Regula- tions, Series 8, as amended, filed a request for review of the Regional Director's Decision on the grounds, inter alia, that, in asserting jurisdiction over West Mills and Tech. Admin. & C. M. on the basis of the nonretail standard, he erroneously relied on Braniff Airways Federal Credit Union, 189 NLRB No. 50, instead of Lansing A utomakers Federal Credit Union, 150 NLRB 1122, which applied the retail standard to credit unions; and that there are compelling reasons for reconsideration of policy in the matter. The National Labor Relations Board by telegraphic order dated May 19, 1971, granted the request for review with respect to the elections directed for employees of West Mills and Tech. Admin. & C. M., stayed those elections pending decision on review, and authorized the Regional Director to proceed with the elections directed in the units of employees of East and Maintenance. Thereafter, the Employers filed a brief on review. On June 29, 1971, the Board issued a Notice To Show Cause why, in the light of certain facts in the record, it should not, despite the parties' stipulation to the contrary, find all four credit unions named in the caption to be a single entity for jurisdictional purposes and, on that basis, assert jurisdiction over West Mills and Tech. Admin. & C. M. The Employers filed a response. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its I The credit unions named in the caption are referred to herein as East, Maintenance, West Mills, and Tech Admin & C M, respectively 2 Indiana Bottled Gas, Inc, 128 NLRB 1441; Man Products, Inc, 128 powers in connection with this case to a three-member panel. The Board has considered the entire record in this case with respect to the issues under review, including the Employers' brief on review and their response to the Notice To Show Cause, and hereby affirms the Regional Director's Decision and Direction of Elec- tion for the following reasons: Without relying on the factual predicate set forth in the Notice To Show Cause, and accepting for the purposes of this case the parties' stipulation that each of the Employers is a separate entity for jurisdictional purposes, we conclude, as did the Regional Director, that it will best effectuate the policies of the Act to assert jurisdiction over West Mills and Tech. Admin. & C. M. on the basis of record facts indicating that their operations meet the Board' s nonretail standard. We reach this conclusion upon a reconsideration and clarification of our policy as to the assertion of jurisdiction over credit union enterprises. In the Lansing case, the Board recognized that the operations of a credit union were not typical of either retail or nonretail enterprises but decided that the impact of their operations on commerce could be appropriately assessed by applying the retail stand- ard. Upon reconsideration, we believe that credit union operations, like those of many financial institutions, have aspects of both retail and nonretail enterprises. To the extent credit unions lend money to or secure deposits from individuals, their operations appear to be retail in nature. To the extent they invest their funds in Treasury notes or commercial ventures, their activities are nonretail in character. In the past, where an enterprise has been found to have both retail and nonretail characteristics, we have utilized either jurisdictional standard.2 And, in cases involving banking institutions, we have relied on commerce facts pertaining to both their gross volume and the inflow or outflow of their funds across state lines.3 Indeed, in the Braniff case involving a Federal credit union, relied on by the Regional Director, jurisdiction was asserted on the sole basis of facts measurable under the nonretail standard. We find, therefore, that the impact on commerce of credit union operations may be measured by either the retail or nonretail standard. Accordingly, as we have affirmed the Regional Director's assertion of jurisdiction herein, the case is hereby remanded to him for the purpose of conduct- ing elections among the employees of West Mills Division and Tech. Admin. & C. M. Div., Federal Credit Unions pursuant to his Decision and Direction of Election, except that the period for determining NLRB 546 3 Bank of St. Louis, 191 NLRB No. 119, The Connecticut Bank and Trust Company, 114 NLRB 1293 193 NLRB No. 103 EAST DIV., FED. CREDIT UNION 683 eligibility shall be the payroll period immediately preceding the date of issuance.4 I In order to assure that all eligible voters may have the opportunity to be informed of the issues in the exercise of their statutory right to vote, all parties to the election should have access to a list of voters and their addresses which may be used to communicate with them Excelsior Underwear Inc, 156 NLRB 1236, NL RB v Wyman -Gordon Co, 394 U S 759 Accordingly , it is hereby directed that a corrected election eligibility list, containing the names and addresses of all the eligible voters , must be filed by the Employer with the Regional Director for Region 13 within 7 days of the date of this Decision on Review The Regional Director shall make the list available to all parties to the election No extension of time to file this list shall be granted by the Regional Director except in extraordinary circumstances Failure to comply with this requirement shall be grounds for setting aside the election whenever proper objections are filed