Mille Lacs County

National Labor Relations Board - Unpublished Board Decisions

Jul 6, 2011

18-WH-000025 (N.L.R.B. Jul. 6, 2011)

Milaca, MN
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MILLE LACS COUNTY
Employer
and Case 18-WH-25
TEAMSTERS LOCAL 320
Petitioner
CERTIFICATION OF REPRESENTATIVE AS BONA FIDE
UNDER SECTION 7(B) OF THE FAIR LABOR STANDARDS ACT OF 1938
On April 11, 2011, Teamsters Local 320 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. Sec. 207(b).
On April 18, 2011, the Regional Director served on the parties an Order to Show
Cause why the Board should not grant the request. No response was filed. As the
Region’s investigation revealed that the Union is the recognized collective-bargaining
representative of the unit employees,1 the Regional Director recommended to the
Board that the requested certification be issued.
No party having shown cause why a certification should not be issued, the
National Labor Relations Board hereby certifies that Teamsters Local 320 is a bona fide
representative, for purposes of Section 7(b) of the FLSA, of the employees of the Mille

1 The record indicates that on August 25, 1998, the State of Minnesota Bureau of
Mediation Services issued a Certification of Exclusive Representative certifying the
Union as the exclusive representative of the employees in the unit. In addition, the
record indicates that the parties’ most recent collective-bargaining agreement is
effective from January 1, 2011 through December 31, 2013.
2
Lacs County in the following unit, as described in the Certification of Exclusive
Representative issued by the State of Minnesota Bureau of Mediation Services:2
All non-licensed essential employees of the Mille Lacs County Sheriff’s
Department, Milaca, Minnesota, who are public employees within the
meaning of Minn. Stat. 179A.03, subd. 14, excluding supervisory,
confidential and licensed essential employees.
Dated, Washington, D.C., July 6, 2011
By direction of the Board:
Lester A. Heltzer
__________________________
Executive Secretary

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).