“Common Sense” Dissent by (Now) Acting NLRB Chair Miscimarra Signals Potential Broadening of Supervisor Definition Under Trump Board

The National Labor Relations Board (NLRB) during the just-ended Obama Administration was aggressive in expanding the ability of employees to unionize.  This included narrowly defining pro-union employees who could be classified as NLRA-exempt supervisors, thus making them eligible to vote in union representation elections.

In a recent ruling, for example, the Obama NLRB applied a narrow definition of supervisor in finding that a group of employees were eligible to vote in a union election.  And while the result in LakeWood Health Center, 365 NLRB No. 10 (Dec. 28, 2016), is not surprising, we are bringing it to your attention because it contains a dissent by the lone Republican on the current board, Philip Miscimarra — who has since been designated by President Trump as the board’s new acting chair — foreshadowing how NLRB rulings are likely to change once President Trump fills the current board vacancies.

A copy of the LakeWood Health Center decision, including Miscimarra’s dissent, is available here.

Members of the Equal Employment Advisory Council (EEAC) can read more here.