Kalkaska County Sheriff

National Labor Relations Board - Unpublished Board Decisions

Feb 17, 2021

07-WH-270117 (N.L.R.B. Feb. 17, 2021)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
KALKASKA COUNTY SHERIFF
Employer
and Case 07-WH-270117
POLICE OFFICER’S LABOR COUNCIL
(POLC)
Petitioner
CERTIFICATION OF REPRESENTATIVE AS BONA FIDE
UNDER SECTION 7(b) OF THE FAIR LABOR STANDARDS ACT OF 1938
On December 11, 2020, the Police Officer’s Labor Council (POLC) (the
Petitioner) 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. § 207(b).
On December 16, 2020, the Regional Director for Region 7 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.
No party having shown cause why the requested certification should not be
issued, the National Labor Relations Board certifies that the Police Officer’s Labor
1 The record indicates that the Employer is a public sector employer and it contains a
copy of the parties’ current collective-bargaining agreement, effective by its terms from
January 1, 2018 through December 31, 2020.
2
Council (POLC) is a bona fide representative for purposes of Section 7(b) of the FLSA,
of the employees in the following unit:2
All full-time Detectives, Deputies, Court Officers, Corrections Officers,
Dispatchers and Clericals, but EXCLUDING Sheriff, Undersheriff,
Confidential Secretary, Lieutenants, Sergeants part-time and temporary
employees, and all other employees.
Dated, Washington, D.C., February 17, 2021.
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).