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LABOR RULING BALANCES THE PLAYING FIELD
Robert F. Conte, Esq.
The long anticipated decision by the National Labor Relations Board (the Board) regarding "supervisors" has been made. In a 3-2 ruling on October 3, 2006 (Kentucky River), the Board decided that nurses permanently assigned to run work shifts should be considered supervisors and thus exempt from protection of the Federal labor laws (National Labor Relations Act). This decision is expected to have major implications for workers in other fields and a chilling effect on union organizing.
In their decision, the Board also stated that individuals who work supervisory shifts only on a rotating basis may be exempt from supervisory status in some cases but not in others, depending on the frequency and consistency of the shifts. Query: Will the supervisor be held accountable in a real way for his or her alleged supervisory activities?
As expected, unions, including the AFL-CIO denounced the ruling as an invitation to employers "to strip millions of workers of their right to have a union by reclassifying them a 'supervisors' in name only." In some segments of the organized community, registered nurses and labor activists did not take the news of this decision well. This rebellious group threatened to strike if their employers attempted to take advantage of the NLRB decision. On the other side, the U.S. Chamber of Commerce praised the decision as providing "a good, clear standard" on what workers are supervisors. In an interesting twist, employees may now be faced with a threat of labor strife if they do not follow the law.
As with most labor cases, discussion with your labor attorney is advisable.
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