WINONA COUNTY SHERIFF'S DEPARTMENT

National Labor Relations Board - Unpublished Board Decisions

Apr 20, 2012

18-WH-074674 (N.L.R.B. Apr. 20, 2012)

Winona, MN
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
WINONA COUNTY SHERIFF’S DEPARTMENT
Employer
and Case 18-WH-074674
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 February 16, 2012, 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. Sec. 207(b).
On February 22, 2012, the Regional Director 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 issued.
No party having shown cause why the requested certification should not be
issued, the National Labor Relations Board hereby certifies that Law Enforcement Labor
Services, Inc. is a bona fide representative, for purposes of Section 7(b) of the FLSA, of

1 The record indicates that on February 11, 1980, the State of Minnesota Bureau of
Mediation Services issued a Certification of Exclusive Representative certifying the
Petitioner as the exclusive collective-bargaining representative of the unit
employees. In addition, the record includes a copy of the parties’ most recent
collective-bargaining agreement, effective from January 1, 2011 through December
31, 2013, and from year to year thereafter, unless changed or terminated.
2
the employees employed in the Winona County Sheriff’s Department in the following
unit:2
All essential employees of the Winona County Sheriff’s
Department whose employment service exceeds the lesser
of 14 hours per week or 35 percent of the normal work week
and more than 67 work days per year, excluding supervisory
and confidential employees.
Dated, Washington, D.C., April 20, 2012.
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).