City of Effingham

National Labor Relations Board - Unpublished Board Decisions

Nov 8, 2019

25-WH-244790 (N.L.R.B. Nov. 8, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CITY OF EFFINGHAM
Employer
and Case 25-WH-244790
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 July 12, 2019, the Illinois Fraternal Order of Police Labor Council (the
Petitioner) filed with the Regional Director for Region 25 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 July 23, 2019, the Regional Director for Region 25 served on the parties a
Notice to Show Cause why the Board should not grant the request. The Employer filed
a response stating that it had no objection to granting the Petitioner’s request. 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 the Illinois Fraternal Order of

1
The record indicates that the Employer is a public sector employer, and it contains a
copy of the Illinois Labor Relations Board’s Certification of Representative issued on
April 2, 1998, naming the Petitioner as the exclusive representative of the unit
employees.
2
Police Labor Council is a bona fide representative, for purposes of Section 7(b) of the
FLSA, of the employees of the City of Effingham in the following unit:2
Included: All full-time employees working as Telecommunicators
employed by the City of Effingham.
Excluded: Chief of Police, all police officers, all other employees, part-time
and full-time of the City of Effingham, including all elected officials,
supervisors, confidential, managerial and professional employees as
defined by the Illinois Public Labor Relations Act.
Dated, Washington, D.C., November 8, 2019
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).