City of Santa Clara

National Labor Relations Board - Unpublished Board Decisions

Nov 30, 2017

32-WH-200183 (N.L.R.B. Nov. 30, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CITY OF SANTA CLARA
Employer
and Case 32-WH-200183
PUBLIC SAFETY NON-SWORN EMPLOYEES
ASSOCIATION, UNIT 10
Petitioner
CERTIFICATION OF REPRESENTATIVE AS BONA FIDE
UNDER SECTION 7(B) OF THE FAIR LABOR STANDARDS ACT OF 1938
On June 6, 2017, Public Safety Non-Sworn Employees Association, Unit 10 (the
Petitioner) and City of Santa Clara (the Employer) jointly submitted to the Regional
Director for Region 32 of the National Labor Relations Board a request for certification
of representative as bona fide under Section 7(b) of the Fair Labor Standards Act of
1938 (FLSA), 29 U.S.C. § 207(b).
On July 21, 2017, the Regional Director for Region 32 served on the parties a
Notice to Show Cause why the Board should not grant the request. No response was
filed.
1
As the Region’s investigation revealed that the Petitioner is the recognized
exclusive collective-bargaining representative of the unit employees,
2
the Regional
Director recommended to the Board that the requested certification be issued.

1 The record indicates that a prior Notice to Show Cause issued on June 9, 2017, and
in response, Santa Clara County Fire Fighters Local 1171 objected to certain
classifications included in the unit. Thereafter, the Employer, the Petitioner, and Santa
Clara County Firefighters Local 1171 agreed that the appropriate unit is as set forth
herein.
2
The record indicates that the Employer is a public sector employer, and that the
Employer and the Petitioner had reached an agreement on a successor MOU, which, at
the time of the submission of this proceeding to the Board, had been ratified by the
No party having shown cause why the requested certification should not be
issued, the National Labor Relations Board certifies that Public Safety Non-Sworn
Employees Association, Unit 10 is a bona fide representative, for purposes of Section
7(b) of the FLSA, of the employees of City of Santa Clara in the following unit:
3
All Community Service Officer I, Community Service Officer II, Fire
Prevention Specialist I, Fire Prevention Specialist II, Jail Service Officer,
Police Records Specialist I, Police Records Specialist II, Police Records
Supervisor, Public Safety Dispatcher I, Public Safety Dispatcher II, Public
Safety Dispatcher III, and Senior Public Safety Dispatcher of the City of
Santa Clara.
Dated, Washington, D.C., November 30, 2017
By direction of the Board:
Roxanne Rothschild
Deputy Executive Secretary

Petitioner’s membership, approved by the City Council, and was in the process of being
finalized.
3
A certificate of representative as bona fide for purposes of the FLSA does not
necessarily establish the right of the organization so certified to be recognized as the
exclusive bargaining representative of employees within a particular bargaining unit
under the provisions of the National Labor Relations Act. See County of Alameda, 322
NLRB 614 (1996).