Section 2(11) of the National Labor Relations Act (Act) defines supervisor as “any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in conjunction with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.” 29 U.S.C. § 152(11).
Accordingly, if an individual: (1) has any one of the 12 specified authorities; (2) uses “independent judgment” in the exercise of any of the authorities; and (3) exercises authority in the “interest of the employer,” the individual is considered a “supervisor” for representation purposes under the Act. The burden rests with the party asserting supervisory status to establish the requirements.
On October 2, 2006, the National Labor Relations Board (NLRB) published decisions that set guidelines for determining the supervisory status of employees under the Act.
The NLRB cases re-evaluated were: Oakwood Healthcare, Inc., 348 N.L.R.B. No. 37 (Sept. 29, 2006), Golden Crest Healthcare Center, 348 N.L.R.B. No. 39 (Sept. 29, 2006), and Croft Metals, Inc., 348 N.L.R.B. No. 38 (Sept. 29, 2006).
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