Lakeland Health Care Associate v. National Labor Relations Board, No. 11-12000 (11th Cir. 2012)Annotate this Case
Lakeland appealed a decision of the NLRB finding Lakeland in violation of sections 8(a)(5) and (1) of the National Labor Relations Act, 29 U.S.C. 158(a)(5), (1), for its refusal to bargain with the Union. The NLRB cross-appealed for enforcement. At issue was whether substantial record evidence supported the NLRB's determination that certain licensed practical nurses (LPNs) employed by Lakeland were "supervisors" within the meaning of section 2(11) of the Act. The court found unreasonable the NLRB's conclusion that the LPNs' involvement in certified nursing assistants (CNAs) coaching did not make them supervisors under the Act. The court also concluded that the NLRB's determination that the LPNs did not exercise independent judgment in assigning CNAs was not supported by substantial evidence. Accordingly, the court granted Lakeland's petition for review and denied the NLRB's cross-petition for enforcement.