NLRB May Rethink Part Of Supervisor Status Test

Law360 (December 3, 2019, 6:34 PM EST) -- The National Labor Relations Board's Republican majority may make it easier for employers to exclude workers from proposed bargaining units by showing the workers in question dole out discipline, according to a ruling issued Tuesday.

A three-member panel comprising the board's Republicans affirmed an agency judge's ruling letting nurses at a Pennsylvania nursing home vote on whether to organize with the Retail Wholesale and Department Store Union, saying they are not union-ineligible supervisors.

But the panel lodged "concerns" with a portion of the board's worker status test that hinges on whether businesses actually follow alleged supervisors' disciplinary recommendations.

"We would be open to...

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