WARREN COUNTY

National Labor Relations Board - Unpublished Board Decisions

Jun 24, 2014

22-WH-110912 (N.L.R.B. Jun. 24, 2014)

1
Warren County, NJ
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
WARREN COUNTY
Employer
and Case 22-WH-110912
AFSCME, COUNCIL 73
Petitioner
CERTIFICATION OF REPRESENTATIVE AS BONA FIDE
UNDER SECTION 7(B) OF THE FAIR LABOR STANDARDS ACT OF 1938
On August 8, 2013, AFSCME, Council 73 (Petitioner) filed with the Regional
Director for Region 22 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 September 5, 2013, the Acting 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 AFSCME, Council 73 is

1 The record indicates that the Employer is a public sector employer and that the
Employer and the Petitioner are parties to a collective-bargaining agreement valid
by its terms from January 2, 2012 through December 31, 2014, covering the
bargaining unit employees’ wages, hours, and other terms and conditions of
employment.
2
a bona fide representative, for purposes of Section 7(b) of the FLSA, of the employees
of Warren County, New Jersey, in the following unit:2
All blue and white collar supervisory employees employed by the County
of Warren in the classified service in any permanent position, including
provisional employees, as set forth in Schedule A; excluding all non-
supervisory employees, managerial executives, confidential, and police
employees within the meaning of the New Jersey Employer-Employee
Relations Act, employees included in any other collective negotiations
unit, and all other employees of the county.
Dated, Washington, D.C., June 24, 2014
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).