NLRB Defies Common Sense to Rule a Supervisor is Not a Supervisor

A small hospital, with 15 in-patient beds, operates 24 hours a day, 7 days a week with a nursing staff that includes 6 PCC (who are registered nurses) and their subordinates: 8-9 registered nurses, 3 licensed practical nurses, and 1 certified nurse assistant. The PCC position was created specifically to have someone accountable for the…
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How the National Labor Relations Board Determined Supervisors Could Organize into a Union

A transportation company employed 40 road supervisors who monitor drivers to ensure they follow company policies. They recommend discipline by filling out “observation notices” when a driver breaks a rule and “pats on the back” when drivers do something positive. The notices and pats on the back are forwarded to a senior supervisor who metes…
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“Some” Authority to Recommend Raises Not Enough for NLRA Supervisor Status

A South Carolina company had a tiered management system. At the bottom, employee groups were guided by team leads who reported to supervisors who oversaw between 20 and 40 employees. The supervisors reported to managers who in turn reported to the company’s vice president of operations. The issue was whether the supervisors could vote in…
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NLRB Creates Heightened Supervisory Standard

Two security force lieutenants at a nuclear power plant participated in presenting complaints on behalf of rank-and-file security officers. The lieutenants were fired and as a result alleged that their termination violated the National Labor Relations Act because they were terminated for engaging in protected concerted activity. The administrative law judge concluded that the two…
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Supervisor’s Pro-Union Advocacy Helps Union Win Election

The Service Employees International Union (SEIU) recently crusaded to organize a 90-person adjunct bargaining unit at a college in California. The College’s “Foundations Coordinator” – an obvious supervisor – openly campaigned in favor of the union. Typically, supervisory pro-union involvement taints an election because of the possibility that employees will feel coerced into voting for…
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6th Circuit Says Nursing Home RNs are Supervisors and Not in Union Bargaining Unit

This is good news for employers – especially those in Ohio, Kentucky, Michigan, and Tennessee. If you want to help insulate RNs (or other employees) from unionizing, allow them to give a written memorandum that causes the initiation of a step in a disciplinary policy (written warning). This qualifies as “discipline” under the National Labor…
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