11th Circuit Holds Licensed Practical Nurses Are Supervisors Under NLRA
On October 2, 2012, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit reversed the National Labor Relations Board's decision that licensed practical nurses (LPNs) employed at a long-term health care facility were not supervisors under the National Labor Relations Act. Indeed, the court emphasized that, "while we are mindful of the limited nature of our review in this appeal, this is not a case in which we merely disagree with the board's conclusions. Our review of the record as a whole reveals that the board meticulously excluded or disregarded record evidence, which, when taken into account, compels a different result." This decision will be a strong weapon for long-term healthcare employers seeking to ward off unionization of nurses at their facilities. To learn more about the decision, please continue reading Littler's ASAP, Eleventh Circuit Rules Licensed Professional Nurses Are Supervisors, Providing Strong Ammunition to Long-Term Healthcare Facilities, by Todd Nierman, Gregory Richters, and Christine Tenley.