County of Lyon, Minnesota

National Labor Relations Board - Unpublished Board Decisions

Jun 30, 2011

18-WH-000026 (N.L.R.B. Jun. 30, 2011)

Marshall, MN
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
COUNTY OF LYON, MINNESOTA
Employer
and Case 18-WH-26
LAW ENFORCEMENT LABOR
SERVICES, INC.
Petitioner
CERTIFICATION OF REPRESENTATIVE AS BONA FIDE
UNDER SECTION 7(B) OF THE FAIR LABOR STANDARDS ACT OF 1938
On April 14, 2011, Law Enforcement Labor Services, Inc. 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. Section 207(b).
On April 15, 2011, the Regional Director for Region 18 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,1 the Regional Director
recommended to the Board that the requested certification be granted.
No party having shown cause why the requested certification should not be
issued, the National Labor Relations Board certifies that Law Enforcement Labor

1 The record reveals that the State of Minnesota Bureau of Mediation Services issued
a Corrected Certification of Exclusive Representative on February 25, 2009,
certifying the Union as the exclusive bargaining representative of the employees in
the unit and that the parties are in the process of negotiating their first collective-
bargaining agreement.
2
Services, Inc. is a bona fide representative, for purposes of Section 7(b) of the FLSA, of
employees of the County of Lyon, Minnesota in the following bargaining unit:2
All essential non-licensed employees employed by the Lyon County Sheriff’s
Department, Marshall, Minnesota who are public employees within the meaning
of Minn. Stat. § 179A.03 subd. 14, excluding supervisory, confidential and all
other employees.
Dated, Washington, D.C., June 30, 2011.
By direction of the Board:
Lester A. Heltzer
__________________________
Executive Secretary

2 A certification 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).