Washington County

National Labor Relations Board - Unpublished Board Decisions

Nov 20, 2020

18-WH-266736 (N.L.R.B. Nov. 20, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
WASHINGTON COUNTY
Employer
and Case 18-WH-266736
MINNESOTA PUBLIC EMPLOYEES
ASSOCIATION
Petitioner
CERTIFICATION OF REPRESENTATIVE AS BONA FIDE
UNDER SECTION 7(b) OF THE FAIR LABOR STANDARDS ACT OF 1938
On September 25, 2020, 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 October 15, 2020, 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.
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, 2020, as well as a copy of the Certification of
Exclusive Representative issued on March 26, 2015 by the Minnesota Bureau of
Mediation Services (BMS).
2
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 is a bona fide representative, for purposes of Section 7(b) of the
FLSA, of the employees of Washington County in the following unit:2
All non-licensed essential employees of the Washington County Sheriff’s
Department, Stillwater, Minnesota falling within the following
classifications: Correctional Officer Sergeant, Administrative Sergeant of
Operations and P.S.A.P. Coordinator who are public employees within the
meaning of Minn. Stat. 179A.03, subd. 14, excluding licensed essential,
supervisory, and confidential employees.
Dated, Washington, D.C., November 20, 2020.
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).