NLRB Issues New Interpretation Of Supervisory Status

Originally published November 10, 2006

The National Labor Relations Board ("Board") recently issued a long-awaited decision in Oakwood Healthcare Inc., 348 N.L.R.B. No. 37 (2006), which clarifies and further defines the term "supervisor" under Section 2(11) of the National Labor Relations Act ("Act"). This decision is important to both union and non-union employers since under the Act, supervisors generally cannot be included in a bargaining unit or a union.

Section 2(11) of the Act defines who is a supervisor. To be a supervisor under Section 2(11), an employee must have authority to do at least one of 12 specifically enumerated tasks: hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, discipline, responsibly direct (employees) or adjust employee grievances. An employee may also be a supervisor if the employee has the authority to effectively recommend any of these actions. However, performance of these tasks must be done: (1) in the