CITY OF ST. PAUL, MN

National Labor Relations Board - Unpublished Board Decisions

Jan 12, 2015

18-WH-137954 (N.L.R.B. Jan. 12, 2015)

1
St. Paul, MN
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CITY OF ST. PAUL, MN
Employer
and Case 18-WH-137954
INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL #70
Petitioner
CERTIFICATION OF REPRESENTATIVE AS BONA FIDE
UNDER SECTION 7(B) OF THE FAIR LABOR STANDARDS ACT OF 1938
On October 2, 2014, International Union of Operating Engineers, Local #70 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. § 207(b).
On October 28, 2014, 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 International Union of
Operating Engineers, Local #70 is a bona fide representative, for purposes of Section

1 The record includes a copy of the parties’ most recent collective-bargaining
agreement, effective by its terms from June 3, 2013 through December 31, 2015.
2
7(b) of the FLSA, of the employees of St. Paul, Minnesota in the following bargaining
unit: 2
All regular, probationary, and provisional engineering and building
maintenance personnel who are employed by the City of Saint Paul or
who have their “terms and conditions of employment” established by the
governing body of the City of Saint Paul, and whose employment service
exceeds the lesser of fourteen (14) hours per week or thirty-five percent
(35%) of the normal work week and more than sixty-seven (67) work days
per year in the following classifications: Building Maintenance Engineer,
Chemical Feed System Repairer, Custodial Worker, Custodian, Custodian
I, Custodian II, Custodian-Engineer Trainee, Custodian-Engineer I,
Custodian-Engineer I-Library, Custodian-Engineer I-Public Safety,
Custodian-Engineer II, Custodian-Engineer II-Library, Custodian-Engineer
III, Custodian Engineer III-Library, Custodian (Light Duty), House
Custodian II, Maintenance Worker, Operating Engineer, Park Security
Officer (Parks), Park Security Officer-Lead, Police Security Ranger
(Police), Pumping Engineer II, Security/Safety Officer-Library, Security
Officer-Water Utility, Sewer Pumping Station Operator, Supervising
Stationary Engineer, Water Plant Operator I, Water Plant Aide, Water
Plant Worker, Water Treatment Plant Operator II, excluding supervisory,
managerial, clerical confidential, temporary, and emergency employees,
those exclusively represented by other labor or employee organizations,
and all other employees.
Dated, Washington, D.C., January 12, 2015
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).