A new decision from the National Labor Relations Board (NLRB) appears to dramatically broaden the standards for determining who is a supervisor under the National Labor Relations Act (NLRA). The Board was asked to consider
whether certain types of charge nurses who had some supervisory responsibilities over other nurses rose to the level of "supervisors" as defined by the NLRA. Supervisors aren't considered "employees" under the NLRA and therefore aren't allowed to vote in a union election or be included in a bargaining unit.

The main issue addressed by the NLRB was what Congress meant when it defined supervisors to include someone who (1) "assigns" or "responsibly directs" other employees and (2) exercises independent judgment. The Board's new interpretation of those phrases appears to dramatically expand the types of low-level supervisors who are excluded from NLRA protections. Although the decision addressed narrow questions involving the specific duties of charge nurses at a Michigan hospital, the new definitions are to be applied in all cases brought before the Board. Therefore, the decision has the potential to dramatically affect union elections in other industries, especially retail and other services.

We will provide an in-depth discussion of the NLRB's decision and its possible ramifications in an upcoming issue of your newsletter.

If you have any questions about this topic or other employment law issues, feel free to contact your state Employment Law Letter attorney-editor.  Learn more about your editor and the law firm:
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