Hennepin County

National Labor Relations Board - Unpublished Board Decisions

Oct 19, 2020

18-WH-264272 (N.L.R.B. Oct. 19, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
HENNEPIN COUNTY
Employer
and Case 18-WH-264272
MINNESOTA PUBLIC EMPLOYEES
ASSOCIATION
Petitioner
CERTIFICATION OF REPRESENTATIVE AS BONA FIDE
UNDER SECTION 7(b) OF THE FAIR LABOR STANDARDS ACT OF 1938
On August 12, 2020, Minnesota Public Employees Association (the Petitioner)
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. § 207(b).
On August 20, 2020, the Regional Director for Region 18 served on the parties a
Notice 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
exclusive collective-bargaining representative of the unit employees,1 the Regional
Director recommended to the Board that the requested certification be issued.
1
The record indicates that the Employer is a public sector employer, and it contains a
copy of the parties’ most recent collective-bargaining agreement, effective by its terms
from January 1, 2019 through December 31, 2021, as well as a copy of the Certification
of Exclusive Representative issued on October 28, 2011 by the Minnesota Bureau of
Mediation Services (BMS).
2
No party having shown cause why the requested certification should not be
issued, the National Labor Relations Board certifies that Minnesota Public Employees
Association is a bona fide representative, for purposes of Section 7(b) of the FLSA, of
the employees of Hennepin County in the following unit:2
All essential non-licensed employees of the Hennepin County Sheriff’s
Department, Minneapolis, Minnesota, who are public employees within the
meaning of Minn. Stat. 179A.03, subd. 14, excluding supervisory and confidential
employees.
Dated, Washington, D.C., October 19, 2020.
By direction of the Board:
Roxanne Rothschild
Executive Secretary
2
A certificate of representative as bona fide for purposes of the FLSA does not
necessarily establish the certified organization’s right to be recognized as the exclusive
bargaining representative under the provisions of the National Labor Relations Act. See
County of Alameda, 322 NLRB 614 (1996).