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UPS Partners
Part Time Supervisors Unionized?
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<blockquote data-quote="JonFrum" data-source="post: 828300" data-attributes="member: 18044"><p>Learn all you can on the National Labor Relations Board website:</p><p><a href="http://www.nlrb.gov/" target="_blank">http://www.nlrb.gov/</a></p><p></p><p>Download their 447 page manual AN OUTLINE OF LAW AND PROCEDURE IN REPRESENTATION CASES and read the section on Supervisors 17-500 . . .</p><p></p><p>17-500 Supervisors</p><p>Supervisory status under the Act depends on whether an individual possesses authority to act in the interest of the employer in the matters and in the manner specified in Section 2(11) of the Act, which defines the term “supervisor” as:</p><p></p><p>The term “supervisor” means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.</p><p></p><p>In discussing the above statutory definition, the Sixth Circuit declared that Section 2(11) is to be interpreted in the disjunctive and that “the possession of any one of the authorities listed in [that section] places the employee invested with this authority in the supervisory class.”</p><p></p><p>It is axiomatic, of course, that the existence of the power determines whether an individual is an employee or a supervisor, but the real task which confronts the Board is the difficult one of finding whether the supervisory power in fact exists, and this can only be ascertained as a result of a painstaking analysis of the facts in each case.</p><p></p><p>Supervisory issues are among the most common in representation cases, and the Board volumes are replete with findings of both supervisory and nonsupervisory status in a veritable myriad of factual situations, sometimes simple but more often complex. A number of factors are considered in resolving supervisory issues. These, of course, include the statutory requirements described above. The problem, however, lies mainly in the application of these factors in order to ascertain from the relevant facts and circumstances whether or not the terms of the statutory definition are met. It is an individual’s duties not job title that determines status. . . .etc. . . .</p><p></p><p>This Browncafe thread may interest you as well. . . .</p><p><a href="http://www.browncafe.com/community/threads/would-you-be-willing-to-back-a-white-collar-union-in-information-services.321186/" target="_blank">http://www.browncafe.com/community/threads/would-you-be-willing-to-back-a-white-collar-union-in-information-services.321186/</a></p></blockquote><p></p>
[QUOTE="JonFrum, post: 828300, member: 18044"] Learn all you can on the National Labor Relations Board website: [url]http://www.nlrb.gov/[/url] Download their 447 page manual AN OUTLINE OF LAW AND PROCEDURE IN REPRESENTATION CASES and read the section on Supervisors 17-500 . . . 17-500 Supervisors Supervisory status under the Act depends on whether an individual possesses authority to act in the interest of the employer in the matters and in the manner specified in Section 2(11) of the Act, which defines the term “supervisor” as: The term “supervisor” means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. In discussing the above statutory definition, the Sixth Circuit declared that Section 2(11) is to be interpreted in the disjunctive and that “the possession of any one of the authorities listed in [that section] places the employee invested with this authority in the supervisory class.” It is axiomatic, of course, that the existence of the power determines whether an individual is an employee or a supervisor, but the real task which confronts the Board is the difficult one of finding whether the supervisory power in fact exists, and this can only be ascertained as a result of a painstaking analysis of the facts in each case. Supervisory issues are among the most common in representation cases, and the Board volumes are replete with findings of both supervisory and nonsupervisory status in a veritable myriad of factual situations, sometimes simple but more often complex. A number of factors are considered in resolving supervisory issues. These, of course, include the statutory requirements described above. The problem, however, lies mainly in the application of these factors in order to ascertain from the relevant facts and circumstances whether or not the terms of the statutory definition are met. It is an individual’s duties not job title that determines status. . . .etc. . . . This Browncafe thread may interest you as well. . . . [url]http://www.browncafe.com/community/threads/would-you-be-willing-to-back-a-white-collar-union-in-information-services.321186/[/url] [/QUOTE]
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