STP Nuclear Operating Co. v. National Labor Relations Board, No. 19-60071 (5th Cir. 2020)
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After the Board certified two groups of employees of STP to join a collective bargaining unit represented by the Union, STP refused to recognize and bargain with the Union on the basis that its "unit supervisors" and "maintenance supervisors" are excluded from the bargaining unit pursuant to the National Labor Relations Act.
The Fifth Circuit reversed the Board's bargaining order and denied enforcement, holding that the Board's conclusions that the employees are not statutory supervisors are premised on errors of law and lack substantial evidence. In this case, the Board lacked substantial evidence to find that unit supervisors do not "responsibly direct" work and maintenance supervisors do not "assign" work. Therefore, STP's unit supervisors and maintenance supervisors are statutory supervisors under 29 U.S.C. 152(11).
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