Ingham County Board of Commissioners

National Labor Relations Board - Unpublished Board Decisions

Oct 3, 2012

07-WH-084423 (N.L.R.B. Oct. 3, 2012)

Mason, MI
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
INGHAM COUNTY BOARD OF COMMISSIONERS
Employer
and Case 07-WH-084423
CAPITOL CITY LODGE 141,
FRATERNAL ORDER OF POLICE
Petitioner
CERTIFICATION OF REPRESENTATIVE AS BONA FIDE
UNDER SECTION 7(B) OF THE FAIR LABOR STANDARDS ACT OF 1938
On July 3, 2012, Capitol City Lodge 141, Fraternal Order of Police filed with the
Regional Director for Region 7 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 July 24, 2012, the Regional Director served on the parties a Notice to Show
Cause why the Board should not grant the request. On July 27, 2012 the Regional
Director served on the parties a second Notice.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 Regional Director recommended
to the Board that the requested certification be issued.

1 The Regional Director issued the second Notice due to an error in the
Petitioner’s name in the original Notice. The second Notice was posted by the
Employer from July 30, 2012 through August 17, 2012.
2 The record indicates that the Employer is a public sector employer and
recognizes the Petitioner as the representative of bargaining unit employees.
The bargaining unit was created by the merger of the 911 dispatchers working
for the City of Lansing and the City of East Lansing into one consolidated unit
employed by Ingham County, effective June 27, 2012. The Employer and the
Petitioner signed an interim collective-bargaining agreement, effective May 30,
2012, and the parties have agreed to abide by the interim agreement until a
new collective-bargaining agreement or impasse is reached.
2
No party having shown cause why a certification should not be issued, the
National Labor Relations Board hereby certifies that Capitol City Lodge 141, Fraternal
Order of Police is a bona fide representative, for purposes of Section 7(b) of the FLSA,
of the employees of the Ingham County Board of Commissioners in the following unit:3
All regular full-time 911 emergency dispatchers;
excluding all other employees.
Dated, Washington, D.C., October 3, 2012
By direction of the Board:
Lester A. Heltzer
__________________________
Executive Secretary

3 A certificate of 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).