Fourth Circuit Backs NLRB On Supervisor Status

Executive Summary: The Fourth Circuit recently upheld a finding of the National Labor Relations Board (NLRB) that four employees were not supervisors, even though each employee oversaw the daily work of between 22 and 40 workers. The Fourth Circuit acknowledged that there was some evidence of supervisory authority but deferred to the NLRB's conclusions that the employees at issue were not supervisors. See Pac Tell Grp., Inc. v. NLRB, No. 15-1111, unpublished (Dec. 23, 2015).

Background

U.S. Fibers, a polyester recycling plant in Trenton, South Carolina, utilizes a tiered management structure that includes several senior managers, four "supervisors," and team leads. The team leads report to the supervisors. The four putative supervisors each oversee the daily work performed by workers during a 12-hour shift.