National Labor Relations Board v. New Vista Nursing & Rehabilitation

OPINION

SMITH, Chief Judge.

Respondent-Petitioner New Vista Nursing and Rehabilitation, LLC (“New Vista”), contends that the licensed practical nurses (“LPNs”) employed at its nursing home could not unionize because they were “supervisors.” The LPNs are supervisors, New Vista argues, because they have the “authority” to “discipline other employees[ ] ... or effectively to recommend such action.” 29 U.S.C. § 152(11). New Vista explains that the LPNs had such authority because, their duties included filling out forms known as “Employee Warning Notices” or “Notices of Corrective Action,”…