City of Fenton

National Labor Relations Board - Unpublished Board Decisions

Aug 2, 2010

07-WH-000219 (N.L.R.B. Aug. 2, 2010)

Fenton, MI
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CITY OF FENTON
Employer
and Case 7-WH-219
FENTON POLICE OFFICERS/
DISPATCHERS ASSOCIATION
Petitioner
CERTIFICATION OF REPRESENTATIVE AS BONA FIDE
UNDER SECTION 7(B) OF THE FAIR LABOR STANDARDS ACT OF 1938
On March 29, 2010, Fenton Police Office rs/D ispatchers Association filed with the
Regional Director for Region 7 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 March 30, 2010, the Regional Director for Region 7 served the petition on the
parties, and on April 6, 2010, the Regional Director sent to the Employer an Order to
Show Cause why the Board should not grant the request. The Order to Show Cause
was posted by the Employer from April 15, 2010 through May 5, 2010. No response to
the Order was filed. On May 28, 2010, the Regional Director recommended to the
Board that a certification be issued.
No party having shown cause why a certification should not be issued, 1 the
National Labor Relations Board certifies that the Fenton Police Officers/Dispatchers
1 The record indicates that on April 15, 1996, the State of Michigan Department
of Employment Relations Commission, Labor Relations Division certified the
Fenton Police Officers Association as the exclusive bargaining representative of
the bargaining unit involved herein. About July 1, 1997, the Employer and the
Fenton Police Officers Association voluntarily agreed to change the
representative's name to Fenton Police Officers/Dispatchers Association (the
Petitioner). That name change is reflected in the recognition clause of the
parties' subsequent collective-bargaining agreements. The parties'most recent
Association is a bona fide representative for purposes of Section 7(b) of the FLSA, for
employees of the City of Fenton in the following unit:2
All certified police officers, matrons, and police dispatchers, excluding
chief of police, clerks, sergeants, confidentials and all other employees.
Dated, Washington, D.C., August 2, 2010.
By direction of the Board:
Lester A. Heltzer
Executive Secretary
collective-bargaining agreement was effective from July 1, 2005 through June
30, 2008, and provided for automatic renewal from year-to-year upon its
expiration.
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).