Supervisors and managers often find themselves in precarious positions. Many of them care about the happiness and well-being of their employees, but they have been tasked by their employers to act as intermediaries. Managers must walk a fine line between what the company demands and what the employees feel is best.
In the end, what the company wants usually wins, which can leave managers in an unenviable position. That is why the National Labor Relations Act (NLRA) prohibits supervisors and managers from joining unions or participating in online union elections.
The NLRA is a cornerstone of US labor laws. It draws clear lines between supervisors and employees. The NLRA defines supervisors as 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, responsibly direct them, adjust their grievances, or effectively recommend such action. If someone has the power to tell others what to do, they are considered a supervisor.
The NLRA makes such a distinction because it is difficult for managers to truly act in the best interests of their employees. For example, if a supervisor were allowed to join a union and vote, they may vote against their fellow employees' wishes due to pressure from company executives. Any vote they cast would be inherently biased, no matter how compassionate they are to their employees.
That said, not everyone who has authority or who works at a higher level than most employees is considered a supervisor. The National Labor Relations Board (NLRB), which is the federal agency that oversees the enforcement of the NLRA, has found itself in court numerous times.
In the Supreme Court case NLRB v. Bell Aerospace Co. (1974), the NLRB argued that buyers for Bell Aerospace were classified as supervisors because they held significant power within the company. This is because the buyers were responsible for procuring millions of dollars of equipment that could greatly affect employees. In the end, the court issued a ruling that because they had no direct power over other employees, they were not considered supervisors.
Conversely, there have been cases that have gone in the other direction. In NLRB v. Yeshiva University (1980), the Supreme Court found that university faculty members (full-time teachers) were not allowed employee protections because they held significant power over university policy, and thus in any other context would be considered supervisors.
Understanding who is and who is not a supervisor is often a gray area. Cases are still fought regularly in state and federal courts regarding who qualifies as a supervisor. As the labor market continues to change, the NLRA and NLRB will no doubt continue to face challenges and adapt definitions to ensure that employee's collective bargaining rights remain fair for all.
How does trade organization voting work in the digital age? Today, unions all over the country regularly hold elections, referendums, and other voting processes online. Thankfully, ElectionBuddy offers an easily accessible and secure online voting platform that is designed with transparency in mind, so everyone who votes can have the confidence that their voices are heard.
To learn more about voting in the modern age, check out our post on if academic departments vote on new hires!
© 2011-2024 ElectionBuddy, Inc. All Rights Reserved
