New Vista Nursing and Rehabilitation v. National Labor Relations Board

New Vista Nursing and Rehabilitation contends that the licensed practical nurses (LPNs) employed at its nursing home could not unionize because they were “supervisors,” having the “authority” to “discipline other employees[] . . . or effectively to recommend such action,” 29 U.S.C. 152(11). Their duties included filling out forms that recommended discipline for certified nursing assistants (CNAs). The National Labor Relations Board held that New Vista’s refusal to bargain was unlawful because the nurses did not have the authority to effectively recommend discipline. The Third Circuit denied enforcement of the order and remanded, first noting the complicated procedural status of the case because the Board was not legally configured for a period while the matter was pending. The Board applied a four-part test "squarely at odds" with controlling Third Circuit precedent, NLRB v. Attleboro Associates, Ltd. Attleboro rejected the Board’s position that an employee does not have authority to effectively recommend discipline if the employee’s supervisors independently investigate the employee’s recommendation. In addition, the “number of instances” of supervision does not determine whether employees are supervisors. View "New Vista Nursing and Rehabilitation v. National Labor Relations Board" on Justia Law