Oakwood Healthcare, Inc.

National Labor Relations Board

348 NLRB No. 37 (2006)

Employees are considered supervisors with responsibility—under §2(11) of the National Labor Relations Act (NLRA)—if they routinely direct and assign other staff members to specific duties by using their independent judgment to make those decisions.

Relevant Facts

Oakwood Hertiage Hospital’s 181 Registered Nurses (RNs) reported to an on-site nursing manager, clinical manager, or a clinical manager, with 12 out of the 181 RNs serving as charge nurses whose responsibility was to oversee specific patient care units while also assigning various duties to other RNs, licensed practical nurses (LPNs), nursing assistants, technicians, and paramedics in addition to monitoring those patients in the care units, discussing care with their family members, and taking on their own patient workload. The 12 charge nurses had a rotation program for several other RNs who temporarily served as additional charged nurses, which was set by the RNs themselves or other supervisors, but not all RNs were placed on the rotation either by their own choosing or because they were placed in other hospital departments. As a result of a negotiation dispute, the National Labor Relations Board (NLRB) was asked whether the charge nurses were “supervisors” to determine if they should be excluded or included from a collective bargaining agreement.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 23, 2020

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Procedural History

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Citations

348 NLRB No. 37 (2006)