COUNTY OF CASS, MINNESOTA

National Labor Relations Board - Unpublished Board Decisions

Jun 27, 2012

18-WH-079356 (N.L.R.B. Jun. 27, 2012)

Walker, MN
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
COUNTY OF CASS, MINNESOTA
Employer
and Case 18-WH-079356
TEAMSTERS GENERAL LOCAL UNION NO. 346
Petitioner
CERTIFICATION OF REPRESENTATIVE AS BONA FIDE
UNDER SECTION 7(B) OF THE FAIR LABOR STANDARDS ACT OF 1938
On April 23, 2012, Teamsters General Local Union No. 346 (the Union) filed with
the Regional Director for Region 18 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. Sec. 207(b).
On May 1, 2012, the Regional Director served on the parties an Order to Show
Cause why the Board should not grant the request. No response was filed. As the
Region’s investigation revealed that the Petitioner is the recognized collective-
bargaining representative of the unit employees, the Regional Director recommended to
the Board that the requested certification be issued.1
No party having shown cause why the requested certification should not be
issued, the National Labor Relations Board hereby certifies that Teamsters General

1 The record indicates that the State of Minnesota Bureau of Mediation Services
(BMS) issued an Amended Certification of Exclusive Representative, BMS Case
No. 97-PRE-752, on March 13, 1997, certifying the Union as the exclusive
collective-bargaining representative of the unit employees. The parties informed the
Region that this certification contains the correct unit description, and that the
parties’ current collective-bargaining agreement effective from January 1, 2011
through December 31, 2012 contains an erroneous unit description.
2
Local Union No. 346 is a bona fide representative, for purposes of Section 7(b) of the
FLSA, of the employees employed in the Cass County Sheriff’s Department in the
following unit:2
All non-essential employees of the Cass County Sheriff’s Department,
Walker, Minnesota, who are public employees within the meaning of Minn.
Stat. 179A.03 subd. 14, excluding supervisory and confidential
employees.
Dated, Washington, D.C., June 27, 2012
By direction of the Board:
Lester A. Heltzer
__________________________
Executive Secretary

2 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).