Frenchtown Acquisition Co. v. Nat'l Labor Relations Bd., No. 11-1499 (6th Cir. 2012)
Annotate this CaseThe 119-bed nursing home has 43 charge nurses, represented by AFL-CIO Local 1548 since 2003, when the Regional Director found the charge nurses to be statutory employees and the Board denied review. The 45 certified nursing aides are represented by the UAW. Seven stipulated supervisors manage the nursing department. After a 2004 collective bargaining agreement expired, the employer filed a unit-clarification petition to have the Board determine that the charge nurses were statutory supervisors under 29 U.S.C. 152(11). The Regional Director denied the petition. The Board denied review, noting that it may have been error to allow the employer to relitigate the previously resolved supervisor issue. Because the employer refused the Union’s request to bargain and to provide information, the Union filed unfair-labor-practice charges. The General Counsel issued a complaint. The employer admitted refusing to bargain but claimed that the charge nurses were statutory supervisors. The General Counsel filed a summary-judgment motion, which was granted by the Board. The Sixth Circuit ruled in favor of the Union, rejecting an argument that charge nurses are supervisors because they had the authority to assign, responsibly direct, discipline, hire, and transfer other employees, or effectively recommend these actions.
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