Wednesday, March 24, 2021

What are the 12 duties that make someone a "supervisor," not protected under the NLRA?

 The National Labor Relations Act (NLRA) was designed to regulate the relationship between labor and management. Not surprisingly, it must therefore draw a line between the employees who receive protections (for things like union advocacy, concerted activity, union membership, etc.) and the people who supervise them. 

Not official use.
Under the NLRA, the term "employee . . . shall not include any individual employed as a supervisor." 29 U.S.C. § 152(3). Who's a supervisor? Per the NLRA:

The term “supervisor” means 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 connection 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(3). If you parse it just right, that's 12 different duties that would make someone a supervisor. Note all of the "or's" in there - no need to hit all 12, any one will do. 

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