A Florida-based long term care nursing facility was within its rights not to negotiate with a union purporting to represent all nurses, the U.S. Court of Appeals for the 11th Circuit ruled this week, since some of the nurses included in the bargaining unit might actually be supervisors.
The National Labor Relations Act guarantees employees the right to organize, but not supervisors. In this case, the National Labor Relations Board concluded that the involvement of certain licensed practical nurses in coaching certified nursing assistants did not make them supervisors under the statute.
The appeals court ruled, however, that the evidence didn’t suppot that conclusion. The court also concluded that the NLRB’s determination that the LPNs did not exercise independent judgment- a key attribute separating supervisors from employees– in assigning CNAs was not supported by substantial evidence.
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