Sibley County

National Labor Relations Board - Unpublished Board Decisions

Sep 1, 2021

18-WH-277843 (N.L.R.B. Sep. 1, 2021)

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).