MCLEOD COUNTY

National Labor Relations Board - Unpublished Board Decisions

May 25, 2016

18-WH-169685 (N.L.R.B. May. 25, 2016)

1
Glencoe, MN
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MCLEOD COUNTY
Employer
and Case 18-WH-169685
MINNESOTA PUBLIC EMPLOYEES
ASSOCIATION
Petitioner
CERTIFICATION OF REPRESENTATIVE AS BONA FIDE
UNDER SECTION 7(B) OF THE FAIR LABOR STANDARDS ACT OF 1938
On February 16, 2016, Minnesota Public Employees Association (MPEA) (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 March 11, 2016, the Regional Director 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 collective-
bargaining representative of the unit employees, the Regional Director recommended to
the Board that the requested certification be issued.1

1 The record indicates that the Petitioner and the Employer have entered into a
collective-bargaining agreement effective by its terms from December 29, 2013 through
December 26, 2016. The record also indicates that the Petitioner was certified by the
Minnesota Bureau of Mediation Services (BMS) as the exclusive bargaining
representative of the unit employees on March 23, 2012, following an election in which
Law Enforcement Labor Services (LELS) participated but was decertified.
Previously, on July 8, 2010, the Board issued a Certification of Representative as
Bona Fide in favor of LELS in Case 18-WH-000019. In light of the decertification of
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No party having shown cause why the requested certification should not be
issued, the National Labor Relations Board hereby certifies that Minnesota Public
Employees Association 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., May 25, 2016
By direction of the Board:
Gary Shinners
__________________________
Executive Secretary

LELS, the July 8, 2010 Certification of Representative as Bona Fide in favor of LELS is
revoked.
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).