County of Berrien

National Labor Relations Board - Unpublished Board Decisions

Dec 3, 2020

07-WH-267610 (N.L.R.B. Dec. 3, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
COUNTY OF BERRIEN
Employer
and Case 07-WH-267610
POLICE OFFICERS LABOR COUNCIL (POLC)
Petitioner
CERTIFICATION OF REPRESENTATIVE AS BONA FIDE
UNDER SECTION 7(b) OF THE FAIR LABOR STANDARDS ACT OF 1938
On October 14, 2020, Police Officers Labor Council (POLC) (the
Petitioner) filed with the Regional Director for Region 7 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 23, 2020, the Regional Director for Region 7 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 Police Officers Labor
1
The record indicates that the Employer has recognized the Petitioner as the
exclusive bargaining representative of the employees in the two separate
units and embodies such recognitions in the terms of the parties’ most
recent collective-bargaining agreements effective for the period of January
1, 2019 through December 31, 2021.
2
Council (POLC) is a bona fide representative, for purposes of Section 7(b) of the
FLSA, of the employees of the County of Berrien in the following units:2
All full-time Public Safety Call Technicians and Public Safety
Dispatchers, but excluding: Supervisors and all other employees.
All full-time Communications Center Supervisors, but excluding all
other employees.
Dated, Washington, D.C., December 3, 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).