City of Arcata

National Labor Relations Board - Unpublished Board Decisions

Feb 13, 2020

20-WH-244080 (N.L.R.B. Feb. 13, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CITY OF ARCATA
Employer
and Case 20-WH-244080
ARCATA POLICE ASSOCIATION
Petitioner
CERTIFICATION OF REPRESENTATIVE AS BONA FIDE
UNDER SECTION 7(b) OF THE FAIR LABOR STANDARDS ACT OF 1938
On June 27, 2019, Arcata Police Association (the Petitioner) 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. § 207(b).
1
On July 23, 2019, the Regional Director for Region 20 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
exclusive collective-bargaining representative of the unit employees,2 the Regional
Director recommended to the Board that the requested certification be issued.

1
The Notice to Show Cause states that the Arcata Police Association filed its
petition on June 28, 2019. However, the Petition filed with the Board indicates
that the Petition was filed on June 27, 2019. We believe the date stated in the
Notice to Show Cause to be an inadvertent error and we correct the date for the
purposes of this order.
2
The record indicates that the Employer is a public sector employer and that it has
voluntarily recognized the Petitioner as the collective-bargaining representative of its
employees since 1993. The recognition is embodied in the terms of the parties’
collective-bargaining agreement for the period of July 1, 2017 to June 30, 2019.
2
No party having shown cause why the requested certification should not be
issued, the National Labor Relations Board certifies that Arcata Police Association is a
bona fide representative, for purposes of Section 7(b) of the FLSA, of the employees of
City of Arcata in the following unit:3
Police Sergeant, Police Officer, Dispatch Supervisor, Senior Dispatcher,
Dispatcher, Lead Parking Officer, Police Service Officer, and Police
Services Assistant.
Dated, Washington, D.C., February 13, 2020.
By direction of the Board:
Roxanne Rothschild
Executive Secretary

3
A certificate of representative as bona fide for purposes of the FLSA does not
necessarily establish the certified organization’s right to be recognized as the exclusive
bargaining representative under the provisions of the National Labor Relations Act. See
County of Alameda, 322 NLRB 614 (1996).