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The NLRB's New Supervisor Decisions -- Don't Believe Everything You Read in the Newspaper by T. J. Wray
Lawrence H. Clore
Kristina C. Frankel
Fulbright & Jaworski L.L.P.
Houston Office
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January 23, 2008
The national media and some labor union leaders have attempted to portray yesterday's issuance by the National Labor Relations Board (NLRB) of three decisions addressing supervisory status under the National Labor Relations Act (NLRA) as a major reversal of position by the Board which will deprive employees of the right to join unions. For example, John Sweeney, president of the AFL-CIO, claimed that the action "welcomes employers to strip millions of workers of their right to have a union by reclassifying them as supervisors, in name only." In reality, the decisions are fairly narrow, and an argument could be made that they are generally favorable to unions. Of approximately 165 persons in contested positions who were claimed by the employers in the cases to be supervisors, the NLRB held only 12 to have that status.
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The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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