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NLRB ‘Kentucky River’ Decisions Clarify Elements of Supervisory Status

December 21, 2006

On September 29, 2006, the National Labor Relations Board (NLRB) issued three related and long-awaited rulings providing guidance on when an employee is deemed a supervisor— and thus ineligible for union representation— under the National Labor Relations Act, 29 U.S.C. §§ 151 et seq. (NLRA). Two of the three cases, Oakwood Healthcare, Inc. and Golden Crest Healthcare Center, involve the supervisory status of charge nurses. Croft Metals, Inc. concerns “lead persons” in manufacturing-related positions. Collectively these decisions are referred to as the “Kentucky River” cases, based on prior Supreme Court precedent rejecting the Board’s analytical framework for evaluating supervisory status. See NLRB v. Kentucky River, 532 U.S. 706 (2001).

Resources

LEAdvisory-Dec06-Q5.pdf

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