BROWN COUNTY SHERIFF'S OFFICE

National Labor Relations Board - Unpublished Board Decisions

Mar 29, 2012

18-WH-073430 (N.L.R.B. Mar. 29, 2012)

New Ulm, MN
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
BROWN COUNTY SHERIFF’S OFFICE
Employer
and Case 18-WH-073430
LAW ENFORCEMENT LABOR SERVICES, INC.
(LOCAL #98)
Petitioner
CERTIFICATION OF REPRESENTATIVE AS BONA FIDE
UNDER SECTION 7(B) OF THE FAIR LABOR STANDARDS ACT OF 1938
On January 30, 2012, Law Enforcement Labor Services, Inc. (Local #98) 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).1
On February 7, 2012, the Regional Director served on the parties an Order to
Show Cause why the Board should not grant the request. No responses were filed. As
the Region’s investigation revealed that the Petitioner is the recognized collective-
bargaining representative of the unit employees,2 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

1 Law Enforcement Labor Services, Inc. (Local #98) amended its petition on
February 3, 2012, to correct the Employer’s name from Brown County
Dispatchers, LELS Local #98 to Brown County Sheriff’s Office.
2 The record indicates that the most recent collective-bargaining agreement
between the parties was effective from January 1, 2010 through December 31,
2011.
2
Services, Inc. (Local #98) is a bona fide representative, for purposes of Section 7(b) of
the FLSA, of the employees of the Brown County Sheriff’s Office in the following unit:3
All essential non-licensed Employees of the Sheriff’s
Department whose employment service exceeds fourteen
(14) hours per week, or more than thirty-five percent (35%)
of the work week, or more than sixty-seven (67) work days
per year, excluding supervisory and confidential Employees.
Dated, Washington, D.C., March 29, 2012.
By direction of the Board:
Lester A. Heltzer
__________________________
Executive Secretary

3 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).