McLeod County

National Labor Relations Board - Unpublished Board Decisions

Jul 8, 2010

18-WH-000019 (N.L.R.B. Jul. 8, 2010)

Glencoe, MN
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
McLEOD COUNTY
Employer
and Case 18-WH-000019
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 1, 2010, 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 13, 2010, the Acting 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.

1 The record indicates that on June 24, 1987 and February 10, 1988,
respectively, the State of Minnesota Bureau of Mediation Services issued
two Certifications of Exclusive Representative certifying the Union as the
exclusive collective-bargaining representative of the employees in the
units. In addition, the record includes a copy of the parties’ recent
collective bargaining agreement, effective from December 23, 2007
through December 18, 2010, which contains a unit description including
both of the state-certified units combined into one unit.
2
No party having shown cause why the requested certification should not
be issued, the National Labor Relations Board certifies that Law Enforcement
Labor Services, Inc. is a bona fide representative, for purposes of Section 7(b) of
the FLSA, of the employees of McLeod County in the following unit:2
All Communications Officers, Corrections Officers, Jail Program
Coordinator and Jail Corporals within the McLeod County Sheriff’s
Department who are employed for more than 14 hours per week and more
than 67 work days per year, excluding the Sheriff and the Chief Deputy,
supervisory and confidential employees.
Dated, Washington, D.C., July 8, 2010.
By direction of the Board:
Lester A. Heltzer
__________________________
Executive Secretary

2 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).