City of Anderson

National Labor Relations Board - Unpublished Board Decisions

Apr 6, 2011

20-WH-000021 (N.L.R.B. Apr. 6, 2011)

Anderson, CA
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CITY OF ANDERSON
Employer
and Case 20-WH-21
GENERAL TEAMSTERS, PROFESSIONAL, HEALTH
CARE AND PUBLIC EMPLOYEES, LOCAL 137
Petitioner
CERTIFICATION OF REPRESENTATIVE AS BONA FIDE
UNDER SECTION 7(B) OF THE FAIR LABOR STANDARDS ACT OF 1938
On November 18, 2010, General Teamsters, Professional, Health Care and
Public Employees, Local 137 filed with the Regional Director for Region 20 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 December 3, 2010, 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 Union is the recognized collective-
bargaining representative of the unit employees,1 the Regional Director recommended
to the Board that a certification be issued.
No party having shown cause why a certification should not be issued, the
National Labor Relations Board certifies that General Teamsters, Professional, Health
Care and Public Employees, Local 137 is a bona fide representative for purposes of

1 The record indicates that in about 1993, the Employer agreed to voluntarily
recognize General Teamsters, Professional, Health Care and Public
Employees, Local 137 as the collective-bargaining representative of the
employees in the unit, and that the current collective-bargaining agreement is
effective July 1, 2010 to July 1, 2011.
Section 7(b) of the FLSA, of the employees of the City of Anderson in the following
unit:2
Laborer, Custodian, Teen Coordinator, Sr. Citizens Coordinator, Clerk
Typist, Clerk Typist II, Animal Control Assistant, Account Clerk, Public
Safety Records Clerk, Secretary, Public Safety Dispatcher/Records Clerk,
Animal Control Officer, Community Services Officer, Maintenance Worker,
Lead Account Clerk, Lead Dispatcher/Records Clerk, Lead Maintenance
Worker, Sr. Maintenance Worker, Wastewater Treatment Plant Operator,
Recreation Supervisor, Account Clerk Supervisor, Engineering
Technician, Fleet Maintenance Coordinator, Maintenance Working
Supervisor, Parks Supervisor, Wastewater Collection Working Supervisor,
Water Working Supervisor, Wastewater Treatment Plant Operator III,
Building Inspector, Wastewater Treatment Plant Supervisor, and Assistant
Planner.
Dated, Washington, D.C., April 5, 2011.
By direction of the Board:
Lester A. Heltzer
__________________________
Executive Secretary

2 A certificate of 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).