The following is provided for information purposes, and not meant to be legal advice.
In Oakwood Healthcare, the employer sought to exclude from a petitioned-for unit of registered nurses a group of “permanent” and “rotating” charge nurses. In determining the supervisory status of the nurses, the NLRB clarified the meaning of “assign,” “responsibly to direct,” and “independent judgment.”
The NLRB defined “assign” as designating an employee to a place (e.g. location, department), appointing an individual to a time (e.g. shift or overtime period), or giving significant overall duties.
The NLRB defined “responsibly direct” as: the person directing the work must be held accountable if the directives are not properly carried out. For direction to be “responsible,” the person directing and performing the oversight of the employee must be accountable for the performance of the task by the other, such that an adverse consequence may result to the one providing the oversight if the tasks performed by the employee are not performed properly.
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