National Labor Relations Board v. Kentucky River Community Care, Inc.

Background

A nonprofit care facility called Caney Creek employed about 110 workers, including six registered nurses. A union sought to represent all 110 workers. The employer objected and argued the six nurses were supervisors and therefore excluded from the union vote. A Board official placed the burden on the employer to prove those nurses were supervisors, the union won the election, and the employer then refused to bargain, prompting a government complaint that the employer broke the law by refusing to bargain.

Reasoning

The Court addressed two questions: who must prove that a worker is a supervisor, and whether professional or technical training means the worker lacks the kind of "independent judgment" the statute requires for supervisory status. The Court said the party who claims someone is a supervisor must carry the burden of proof. But the Court rejected the Labor Board’s broad rule that ordinary professional or technical judgment — or judgment based on experience — cannot qualify as "independent judgment." The majority held that the Board’s categorical exclusion contradicts the statute and prior decisions, so the Board’s interpretation was unlawful and could not be enforced in this case.

Real world impact

As a result, employers who claim workers are supervisors must prove that claim in representation disputes. The decision also prevents the Board from treating routine professional judgment as automatically non-independent, which affects many healthcare and professional workplaces. The Court affirmed the appeals court’s refusal to enforce the Board’s bargaining order.

Dissents or concurrances

Justice Stevens (joined by three colleagues) disagreed about the interpretation of "independent judgment," arguing the Board’s approach was reasonable and that the nurses lacked supervisory authority in the record.