National Labor Relations Board v. New Vista Nursing & Rehabilitation

GREENAWÁY, JR.,

concurring in part and dissenting in part.

This case turns on the National Labor Relations Act’s (“NLRA”) definition of a “supervisor.” To qualify as a supervisor, an employee must have the authority to exercise independent judgment in the performance of a supervisory function in the interest of the employer. NLRB v. Health Care & Ret. Corp. of Am., 611 U.S. 571, 573-74, 114 S.Ct. 1778, 128 L.Ed.2d 586 (1994). This case concerns our interpretation of independent judgment generally and specifically in the context of recommending discipline.

In Mars Home for Youth v. NLRB, 666 F.3d…