Are nurses “employees” under the National Labor Relations Act (NLRA), and thus guaranteed the right to unionize, or are they “supervisors” who are not entitled to unionize? The answer to that question, not surprisingly, is “it depends.” But, as the party asserting supervisory status (which, in almost all instances, is the employer) bears the burden of proving that status by a preponderance of the evidence (per NLRB v. Kentucky River Cmty. Care, Inc.), healthcare employers can glean valuable guidance from two recent decisions from the Sixth and Eleventh Circuits.
Squire Sanders senior associate Laura Lawless Robertson takes a look at these two cases in an article she wrote for American Health Lawyers Association’s Labor & Employment newsletter.
Copyright 2014, American Health Lawyers Association, Washington, DC. Reprint permission granted.