BOROUGH OF SOUTH RIVER

National Labor Relations Board - Board Decisions

Apr 18, 2017

22-WH-143566 (N.L.R.B. Apr. 18, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
BOROUGH OF SOUTH RIVER
Employer
and Case 22-WH-143566
AFSCME COUNCIL 73
LOCAL 3440-3
Petitioner
CERTIFICATION OF REPRESENTATIVE AS BONA FIDE
UNDER SECTION 7(B) OF THE FAIR LABOR STANDARDS ACT OF 1938
On December 22, 2014, Counsel for AFSCME Council 73 Local 3440-3 (the
Petitioner) filed with the Regional Director for Region 22 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 1, 2016, the Regional Director for Region 22 served on the parties
a Notice to Show Cause why the Board should not grant the request. No written
response was filed, but the Employer orally informed the Region that it did not oppose
the certification of the Petitioner. 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.

1 The record indicates that the Employer is a public sector employer, and the case file
includes a copy of the Certification of Representative Based Upon Authorization Cards
issued February 3, 2014, by the New Jersey Public Employment Relations Commission.
The record also includes a copy of the parties’ most recent collective-bargaining
agreement, effective by its terms from January 1, 2016 through December 31, 2018.
No party having shown cause why the requested certification should not be
issued, the National Labor Relations Board certifies that AFSCME Council 73, Local
3440-3 is a bona fide representative, for purposes of Section 7(b) of the FLSA, of the
employees of the Borough of South River in the following unit:
2
Included: All regularly employed nonsupervisory dispatchers and
communications personnel employed by the Borough of South River.
Excluded: Managerial executives, confidential employees and supervisors
within the meaning of the Act; professional employees, craft employees,
police, casual employees, and all other employees employed by the
Borough of South River.
Dated, Washington, D.C., April 18, 2017
By direction of the Board:
Gary Shinners
__________________________
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).