NLRB Issues New Guidelines For Determining Supervisory Status

On October 2, 2006, the National Labor Relations Board (Board) published three decisions that set forth new guidelines for determining the supervisory status of employees under the National Labor Relations Act (Act). The Board re-evaluated its position with respect to the supervisory status of employees in its three decisions -- Oakwood Healthcare, Inc., 348 N.L.R.B. No. 37 (Sept. 29, 2006), Golden Crest Healthcare Center, 348 N.L.R.B. No. 39 (Sept. 29, 2006), and Croft Metals, Inc., 348 N.L.R.B. No. 38 (Sept. 29, 2006) -- as a result of the finding by the United States Supreme Court in NLRB v. Kentucky River Community Care, 532 U.S. 706 (2001), that the Board misapplied its supervisory test with respect to professionals employees.