NLRB Sweeps Two Superintendents into Bargaining Unit

A title with “Superintendent” on it doesn’t make someone a supervisor, the NLRB just ruled again.

In Alaska Power and Telephone (Case 19-UC-384477, decided June 10), NLRB Region 19 ruled that the company’s Power Operations Superintendent and Power Plant Superintendent are NOT statutory supervisors under Section 2(11) — and clarified IBEW Local 1547’s bargaining unit to pull both roles in.

Why? Because authority on paper isn’t authority in practice. Per the Regional Director:

* The crews self-assign work off a software queue. The superintendents don’t direct it.

* Neither superintendent had ever disciplined anyone. Both “believed” they could. Belief isn’t evidence.

* Hiring, raises, and bonuses ran through upper management and an algorithm.

* A payroll specialist could override their leave approvals.

The employer carries the burden of proving supervisory status. It couldn’t.

The lesson for employers: if you want a role excluded from the unit, give it real, documented authority — and actually let the person use it. “It’s in his job description” loses every time.

Two more dues-paying members, courtesy of a vague org chart and phantom job titles without corresponding duties.

How would your “supervisors” hold up? All companies say they would hold up. Would they?