WARREN COUNTY

National Labor Relations Board - Unpublished Board Decisions

Dec 4, 2015

22-WH-110912 (N.L.R.B. Dec. 4, 2015)

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Warren County, NJ
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
WARREN COUNTY
Employer
and Case 22-WH-110912
AFSCME COUNCIL 73,
LOCALS 671 and 3287
Petitioner
AMENDED CERTIFICATION OF REPRESENTATIVE AS BONA FIDE
UNDER SECTION 7(B) OF THE FAIR LABOR STANDARDS ACT OF 1938
On August 8, 2013, AFSCME Council 73, Locals 671 and 3287 (Petitioner)
filed with the Regional Director for Region 22 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 September 5, 2013, the Acting Regional Director served on the parties a
Notice to Show Cause why the Board should not grant the request. No response
was filed. On May 20, 2014, the Regional Director transmitted the proceeding to
the Board with his recommendation to grant the Petitioner’s request to be certified
as a bona fide representative for employees in a bargaining unit of all blue and
white collar supervisory employees employed by the County of Warren in the
classified service in any permanent position, including provisional employees. On
June 24, 2014, the Board issued a Certification of Representative as Bona Fide
under Section 7(b) of the FLSA, as recommended.
Thereafter, both the Petitioner and the Employer notified the Regional
Director for Region 22 that the request for certification had been filed on behalf of
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both AFSCME Local 671 and Local 3287, and that the certification mistakenly
excluded Local 3287, which represents a unit of non-supervisory employees
covered by a collective-bargaining agreement between the parties.
On November 10, 2015, the Petitioner filed with the Board a motion to
amend the certification. The documents submitted in conjunction with the motion
demonstrate that this motion is supported by both the Employer and the
Petitioner.1 Accordingly, we grant the motion to amend, and set forth the
amended certifications below.
The National Labor Relations Board hereby certifies that AFSCME Council
73 and Local 671 are bona fide representatives, for purposes of Section 7(b) of the
FLSA, of the employees of Warren County, New Jersey, in the following unit:
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All blue and white collar supervisory employees employed by the
County of Warren in the classified service in any permanent position,
including provisional employees, as set forth in Schedule A;
excluding all non-supervisory employees, managerial executives,
confidential, and police employees within the meaning of the New
Jersey Employer-Employee Relations Act, employees included in
any other collective negotiations unit, and all other employees of the
county.
The National Labor Relations Board hereby certifies that AFSCME
Council 73 and Local 3287 are bona fide representatives, for purposes of

1 The record indicates that the Employer is a public sector employer and that
the Employer and the Petitioner have been parties to at least two collective-
bargaining agreements.
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).
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Section 7(b) of the FLSA, of the employees of Warren County, New Jersey,
in the following unit:
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All blue and white collar Non-supervisory employees employed by
the County of Warren in the classified service in any permanent
position, including provisional employees, as set forth in Schedule A;
excluding all managerial executives, supervisors, confidential, and
police employees within the meaning of the New Jersey Employer-
Employee Relations Act, employees included in any other collective
negotiations unit, and all other employees of the county.
Dated, Washington, D.C., December 4, 2015.
By direction of the Board:
Gary Shinners
__________________________
Executive Secretary

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As noted above, 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, supra.