City of Fortuna

National Labor Relations Board - Board Decisions

Mar 2, 2016

20-WH-155697 (N.L.R.B. Mar. 2, 2016)

1
Fortuna, CA
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CITY OF FORTUNA
Employer
and Case 20-WH-155697
FORTUNA EMPLOYEES ASSOCIATION
Petitioner
CERTIFICATION OF REPRESENTATIVE AS BONA FIDE
UNDER SECTION 7(B) OF THE FAIR LABOR STANDARDS ACT OF 1938
On July 9, 2015, Fortuna Employees 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).
On July 27, 2015, 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 Petitioner is the recognized collective-
bargaining representative of the unit employees, the Regional Director recommended to
the Board that the requested certification be issued.1
No party having shown cause why the requested certification should not be
issued, the National Labor Relations Board hereby certifies that Fortuna Employees

1 The record indicates that the Employer is a public sector employer and that the
Employer and the Petitioner are parties to a memorandum of understanding valid by
its terms from July 1, 2015 through June 30, 2016, covering the bargaining unit
employees’ wages, hours, and other terms and conditions of employment.
2
Association is a bona fide representative, for purposes of Section 7(b) of the FLSA, of
the employees of City of Fortuna, California, in the following unit:
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Account Clerk II, Account Clerk III, Building Inspector, Bus Driver II, City
Carpenter II, City Carpenter III, Conference Center Supervisor,
Engineering Technician II, Facility Custodian, Lab Director, Park
Maintenance Worker II, Park Maintenance Worker III, Park Maintenance
Worker Lead, Plant Mechanic II, Public Works Administrative Assistant,
Recreation Supervisor, Street Maintenance Worker II, Street Maintenance
Worker III, Street Maintenance Worker Lead, Treatment Plant Operator
OIT, Treatment Plant Operator I, Treatment Plant Operator II, Treatment
Plant Operator III, Treatment Plant Shift Supervisor, Utility Worker II, Utility
Worker II-Service, Utility Worker III, Utility Worker Lead, Vehicle and
Equipment Mechanic II
Dated, Washington, D.C., March 2, 2016
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).