HENRY COUNTY SHERIFF'S DEPT

National Labor Relations Board - Board Decisions

Apr 16, 2013

25-WH-094431 (N.L.R.B. Apr. 16, 2013)

Cambridge, IL
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
COUNTY OF HENRY AND
HENRY COUNTY SHERIFF’S DEPARTMENT
Employer
and Case 25-WH-094431
ILLINOIS FRATERNAL ORDER OF POLICE
LABOR COUNCIL
Petitioner
CERTIFICATION OF REPRESENTATIVE AS BONA FIDE
UNDER SECTION 7(B) OF THE FAIR LABOR STANDARDS ACT OF 1938
On December 7, 2012, Illinois Fraternal Order of Police Labor Council filed with
the Regional Director for Region 25 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 January 18, 2013, a Notice to Show Cause why the Board should not grant
the request was served on the parties. A second Notice to Show Cause was served on
the parties on January 30, 2013.1 No response was filed. As the Region’s investigation
revealed that the Petitioner is the recognized collective-bargaining representative of the
unit employees,2 the Acting Regional Director recommended to the Board that the
requested certification be issued.

1 The Regional Director issued the second Notice to Show Cause due to an error in the
address of the original Notice.
2 The record indicates that the Employer and the Petitioner entered into a collective-
bargaining agreement that was effective from December 1, 2009 through November
30, 2012, that would continue in effect from year to year in the absence of written
notice of termination.
No party having shown cause why the requested certification should not be
issued, the National Labor Relations Board hereby certifies that the Illinois Fraternal
Order of Police Labor Council is a bona fide representative, for purposes of Section 7(b)
of the FLSA, of the employees of the County of Henry and Henry County Sheriff’s
Department in the following unit:3
All full-time sworn non-peace officers and civilian employees of the Henry
County Sheriff’s Department in the position classifications of Correctional
Officer, Telecommunicator, Jail Administrator, Secretary/Clerk, Data
Analyst, and Court Security Officer.
Dated, Washington, D.C., April 16, 2013.
By direction of the Board:
Gary W. Shinners
__________________________
Executive Secretary

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).