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…

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…

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…

This case is interesting not because it involves the captain of a tugboat. Rather, its interest lies in that the NLRB has concluded that the highest-ranking person at a worksite, and the “person in charge,” is not necessarily a supervisor. In this case, it is clear that six person crews on tugboats must obey commands…

Supervisors are excluded from coverage of the National Labor Relations Act under the Section 2 definition of “employee.” Section 14(a) also exempts employers from the duty to consider supervisors as employees under any law relating to collective bargaining. Notably, the Board has overruled a rigid rule that once excluded professionals from supervisory status if they…