Has the "Parade of Horribles" Begun? Supreme Court Rules that Licensed Practical Nurses are Supervisors, Under the National Labor Relations Act.

Autor/in	Annunziato, Frank R.
Institution	City Univ. of New York, NY. Bernard Baruch Coll. National Center for the Study of Collective Bargaining in Higher Education and the Professions.
Titel	Has the "Parade of Horribles" Begun? Supreme Court Rules that Licensed Practical Nurses are Supervisors, Under the National Labor Relations Act.
Quelle	22 (1994) 3, S.1-8 (10 Seiten) PDF als Volltext kostenfreie Datei Verfügbarkeit
Sprache	englisch
Dokumenttyp	gedruckt; online; Monographie
ISSN	0737-9285
Schlagwörter	Stellungnahme; Collective Bargaining; Court Doctrine; Court Judges; Court Litigation; Eligibility; Federal Courts; Higher Education; Labor Legislation; Labor Relations; Legal Problems; Nurses; Practical Nursing; Supervisors + Suchen Sie Ihr Suchwort? Tarifverhandlung; Richter; Rechtsstreit; Eignung; Bundesgerichtshof; Hochschulbildung; Hochschulsystem; Hochschulwesen; Labor law; Arbeitsrecht; Arbeitsbeziehung; Krankenpflege
Abstract	This newsletter on collective bargaining in higher education and the professions devotes nearly all this issue to an analysis of a recent Supreme Court decision ruling that licensed nurse practitioners are supervisors who are therefore excluded from collective bargaining protection. The "National Labor Relations Board, Petitioner versus Health Care and Retirement Corporation of America, Supreme Court of the United States, 92-1964(1994)" decision, written by Justice Anthony Kennedy, overturned the National Labor Relations Board's (NLRB) earlier determination. It found that, because Licensed Practical Nurses (LPN) engage in at least one of 12 statutory supervisory activities listed in the National Labor Relations Act, exercise independent judgment, and hold such authority in the interest of the employer, they are, in fact, supervisors. The newsletter reviews the possible ramifications of the decision, examines the background to the decision, and looks closely at definitions of a supervisor in other statutes and earlier cases. It also reexamines in particular an earlier case cited as key to this case's reasoning: "NLRB Versus Yeshiva." The dissenting opinion written by Justice Ruth Bader Ginsburg is also examined. The final page contains a short article on college faculty strikes at four universities, and an announcement of the 23rd Annual Higher Education Collective Bargaining Conference. (JB)
Anmerkungen	NCSCBHEP, Baruch College, 17 Lexington Ave., Box 322, New York, NY 10010 (Annual subscription $30, single copy $7.50; free to Center members).
Erfasst von	ERIC (Education Resources Information Center), Washington, DC