County of Leelanau

National Labor Relations Board - Board Decisions

Dec 12, 2017

07-WH-207016 (N.L.R.B. Dec. 12, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
COUNTY OF LEELANAU
Employer
and Case 07-WH-207016
POLICE OFFICERS ASSOCIATION OF
MICHIGAN (POAM)
Petitioner
CERTIFICATION OF REPRESENTATIVE AS BONA FIDE
UNDER SECTION 7(B) OF THE FAIR LABOR STANDARDS ACT OF 1938
On September 28, 2017, Police Officers Association of Michigan (POAM) (the
Petitioner) 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. § 207(b).
On October 18, 2017, the Regional Director for Region 7 served on the parties a
Notice to Show Cause why the Board should not grant the request. On October 20,
2017, the Employer submitted a response, stipulating and concurring in the Petitioner’s
request for bona fide certification. As the Region’s investigation revealed that the
Petitioner is the recognized exclusive collective-bargaining representative of the unit
employees,
1
the Regional Director recommended to the Board that the requested
certification be issued.

1
The record reveals that the Michigan Employment Relations Commission issued a
Certification of Representative on April 4, 2017, certifying POAM as the exclusive
bargaining representative of the employees in the unit and that the parties are bound to
a collective-bargaining agreement effective by its terms from August 15, 2017 through
No party having shown cause why the requested certification should not be
issued, the National Labor Relations Board certifies that Police Officers Association of
Michigan (POAM) is a bona fide representative, for purposes of Section 7(b) of the
FLSA, of the employees of the County of Leelanau, Michigan in the following unit:
2
All 911 Dispatchers employed by Leelanau County, excluding 911
Director, 911 Assistant Director, Supervisors and all other employees
Dated, Washington, D.C., December 12, 2017
By direction of the Board:
Roxanne Rothschild
Deputy Executive Secretary

December 31, 2017. The record further indicates that the parties have reached a
tentative agreement for a new contract and are in the process of ratification.
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).