Waseca County

National Labor Relations Board - Unpublished Board Decisions

Apr 6, 2011

18-WH-000023 (N.L.R.B. Apr. 6, 2011)

Waseca, MN
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
WASECA COUNTY
Employer
and Case 18-WH-23
TEAMSTERS LOCAL NO. 320
Petitioner
CERTIFICATION OF REPRESENTATIVE AS BONA FIDE
UNDER SECTION 7(B) OF THE FAIR LABOR STANDARDS ACT OF 1938
On January 14, 2011, Teamsters Local No. 320 filed with the Regional Director
for Region 18 of the National Labor Relations Board a request for certification of
representative as a bona fide under Section 7(b) of the Fair Labor Standards Act of
1938 (FLSA), 29 U.S.C. Sec. 207(b).
On January 21, 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 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 a certification should not be issued, the
National Labor Relations Board hereby certifies that Teamsters Local No. 320 is a bona

1 The record indicates that on December 18, 1995, the State of Minnesota
Bureau of Mediation Services issued a Certification of Exclusive Representative
Severance Election certifying the Union as the exclusive collective-bargaining
representative of the employees in the unit. The parties are signatory to a
collective-bargaining agreement effective January 1, 2007 to December 31,
2009, that provides for automatic renewal from year-to-year upon its expiration.
2
fide representative, for purposes of Section 7(b) of the FLSA, of the employees of
Waseca County in the following appropriate unit:2
All essential non-licensed employees of the Waseca County Sheriff’s
Department, Waseca, Minnesota, who are public employees within the
meaning of Minnesota Statute 179A.03. subd. 14, excluding supervisory,
confidential and essential licensed employees.3
Dated, Washington, D.C. April 5, 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).
3 The Order to Show Cause referred to an abbreviated description of the
bargaining unit. The full unit description, as specified in the parties’ collective-
bargaining agreement, is set out above.