American Journal of Law & Medicine

Employment: interpretation of the National Labor Relation Board's definition of supervisor - Beverly Enterprises v. National Labor Relations Board.

Employment: Interpretation of the National Labor Relation Board's Definition of Supervisor--Beverly Enterprises v. National Labor Relations Board(1)--The U.S. Court of Appeals for the Eighth Circuit held that nurses employed as team leaders were not supervisors under the definition set forth in section 2(11) of the National Labor Relations Act (NLRA)(2) because their duties required them to "follow routine procedures" and not "exercise independent judgment."(3)

Beverly owns and operates a fifty-four bed nursing home which employs ten full or part-time licensed practical nurses (LPNs), eight registered nurses (RNs) and twenty-eight registered nursing assistants (NARs).(4) In January 1997, Minnesota's Health Care Union, Local 113, Service Employees International Union, AFL-CIO petitioned the National Labor Relations Board (NLRB) for certification as the nurses' collective bargaining agent.(5) Beverly argued that the nurses were supervisors as defined under section 2(11) of the NLRA and were precluded from joining the collective bargaining unit. The NLRB conducted a hearing in which it was determined that the nurses were not supervisors as defined in section 2(11). …

Log in to your account to read this article – and millions more.