Sibley CountyDownload PDFNational Labor Relations Board - Unpublished Board DecisionsSep 1, 202118-WH-277843 (N.L.R.B. Sep. 1, 2021) Copy Citation UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD SIBLEY COUNTY Employer and Case 18-WH-277843 MINNESOTA PUBLIC EMPLOYEES ASSOCIATION Petitioner CERTIFICATION OF REPRESENTATIVE AS BONA FIDE UNDER SECTION 7(b) OF THE FAIR LABOR STANDARDS ACT OF 1938 On May 28, 2021, the Minnesota Public Employees Association (the Petitioner) 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 June 22, 2021, the Regional Director for Region 18 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 exclusive 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 the requested certification should not be issued, the National Labor Relations Board certifies that the Minnesota Public Employees Association 1 The record indicates that the Employer is a public sector employer and it contains a copy of the parties’ current collective-bargaining agreement, effective by its terms from January 1, 2019 through December 31, 2021, as well as a copy of the Certification Unit Determination Order and Certification of Exclusive Representative issued on August 29, 2014, by the State of Minnesota, Bureau of Mediation Services. 2 (MNPEA) is a bona fide representative for purposes of Section 7(b) of the FLSA, of the employees in the following unit:2 All licensed essential employees of the Sibley County Sheriff’s Department, Gaylord, Minnesota, who are public employees within the meaning of Minn. Stat. §179A.03, subd. 14, excluding the Sheriff, confidential and all other employees. All non-licensed essential employees of the Sibley County Sheriff’s Department, Gaylord, Minnesota, who are public employees within the meaning of Minn. Stat. §179A.03, subd. 14, excluding the Sheriff, supervisory, confidential and all other employees. Dated, Washington, D.C., September 1, 2021. By direction of the Board: Roxanne Rothschild Executive Secretary 2 A certificate of representative as bona fide for purposes of the FLSA does not necessarily establish the certified organization’s right to be recognized as the exclusive bargaining representative under the provisions of the National Labor Relations Act. See County of Alameda, 322 NLRB 614 (1996). Copy with citationCopy as parenthetical citation