Labor Board Ruling May Bar Millions of Workers from Forming Unions
by James Parks, Oct 3, 2006
Photo Credit: Mary Gavin
Vanessa Quinn, a nurse in Kenmore, N.Y., says the labor board’s decision is a disaster for nurses.
The Republican-dominated National Labor Relations Board (NLRB) voted along party lines to slash long-time federal labor laws protecting workers’ freedom to form unions and opened the door for employers to classify millions of workers as supervisors. Under federal labor law, supervisors are prohibited from forming unions.
The NLRB ruled on three cases, collectively known as “Kentucky River,” but it’s the lead case Oakwood Healthcare Inc. that creates a new definition of supervisor. Dozens of cases involving the definition of supervisor now before the NLRB will be sent back, with employers having the option to craft arguments that will meet the new definition of supervisor and limit the number of workers who can join a union.
Although the Oakwood decision covers only nurses, the expanded definition of superviors means up to 8 million workers, including nurses, building trades workers, newspaper and television employees and others may be barred from joining unions. In Oakwood, the board agreed with the employer that charge nurses are supervisors. But the ruling also sets broad definitions for determining who is a supervisor that invites employers to classify nurses and many low-level employees with minor authority as supervisors. The decision was issued Sept. 29 but not released until today.
The board’s new definition essentially enables employers to make a supervisor out of any worker who has the authority to assign or direct another and uses independent judgment. Amazingly, the board also ruled that a worker can be classified as a supervisor if he or she spends as little as 10 percent to 15 percent of his or her time overseeing the work of others.
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http://blog.aflcio.org/2006/10/03/labor-board-ruling-may-bar-millions-of-workers-from-forming-unions/