Employee or supervisor? Classification affects union eligibility

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in Employment Law,HR Management,Human Resources

by Sandro Polledri, Esq., Genova, Burns & Vernoia

One of the toughest tasks for HR is to decide which employees are supervisors. Employers need to know this because supervisors are excluded from a collective bargaining unit for union organizing and voting purposes.

The National Labor Relations Board (NLRB) recently decided a series of cases to help employers determine who on their staff is considered a supervisor.

Most important, the decisions show employers what additional duties they can add to employees’ job descriptions to remove them from the rank and file and “promote” them into supervisory status.

Supreme Court set the standard

In 2001, the U.S. Supreme Court took a significant step toward defining which employees may be excluded from a collective bargaining unit because of their status as “supervisors” under Section 2(11) of the National Labor Relations Act (NLRA).

In that ruling (NLRB v. Kentucky River C...(register to read more)

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