The Republican-dominated National Labor Relations Board (NLRB) today voted along party lines to slash long-time federal labor laws protecting workers’ freedom to form unions and opened the door for employers to classify millions of workers as “supervisors.” Under the National Labor Relations Act, supervisors do not have the protected right to form and join unions.

The NLRB ruled on the three cases collectively known as “Kentucky River,” but the lead case, Oakwood Healthcare Inc., creates a new definition of “supervisor.” Dozens of cases involving the definition of supervisor now before the NLRB will be sent back, with employers having the option to craft arguments that will meet the new definition of supervisor and limit the number of workers who can join a union. 

Although the Oakwood decision covers only nurses, the expanded definition of “supervisors” means up to 8 million workers, including nurses, building trades workers, newspaper and television employees, and others may be barred from joining unions. 

The board’s new definition essentially enables employers to make a supervisor out of any worker who has the authority to assign or direct another and uses independent judgment, even if he or she spends as little as 10 percent to 15 percent of his or her time overseeing others.

Click here for a statement from AFL-CIO President John Sweeney

Click here for a statement from Change to Win Chair Anna Burger