City of O'Fallon

National Labor Relations Board - Board Decisions

Dec 11, 2014

14-WH-137486 (N.L.R.B. Dec. 11, 2014)

1
O’Fallon, IL
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CITY OF O’FALLON
Employer
and Case 14-WH-137486
ILLINOIS FRATERNAL ORDER OF
POLICE LABOR COUNCIL
Petitioner
CERTIFICATION OF REPRESENTATIVE AS BONA FIDE
UNDER SECTION 7(B) OF THE FAIR LABOR STANDARDS ACT OF 1938
On September 25, 2014, Illinois Fraternal Order of Police Labor Council filed with
the Regional Director for Region 14 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 1, 2014, 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 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 the Illinois Fraternal

1 The record indicates that the Employer is a public sector employer and that the State
of Illinois Labor Relations Board issued a Clarification of Certified Unit establishing the
Petitioner as the representative of the employees in the clarified unit. The record also
includes a copy of the parties’ most recent collective-bargaining agreement, effective by
its terms from May 1, 2011 through April 30, 2014.
2
Order of Police Labor Council is a bona fide representative, for purposes of Section 7(b)
of the FLSA, of the employees of O’Fallon, Illinois in the following bargaining unit: 2
All non-sworn full-time personnel in the Police Department:
Telecommunicators, Telecommunicator Supervisor,
Investigation Secretary, Records Clerks, Technical
Coordinator and Evidence Technician; EXCLUDING all non-
sworn part time personnel, managerial, confidential or
supervisory employees as defined in the Act.
Dated, Washington, D.C., December 11, 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).