Legal Opinion · Dissent
National Labor Relations Board v. GranCare, Inc.
Court of Appeals for the Seventh Circuit
Decided March 3, 1999No. 97-3431Published
1DissentKanne, Circuit Judge
Today, this court concludes that Licensed Nurse Practitioners (“LPNs”) are not supervisors within the meaning of the National Labor Relations Act (“the Act”). It reaches its decision by mistakenly deferring to the National Labor Relations Board’s (“NLRB” or “the Board”) interpretation and application of the statutory term “independent judgment.” In doing so, the majority also improperly elevates two policy concerns over the language found in the Act itself. Therefore, I must respectfully dissent.
While it is true that courts review Board decisions with a deferential eye, it is not a blind one.…
2Cases cited13 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Terri L. Bass v. Stolper, Koritzinsky, Brewster & Neider, S.C. And Kathy LeschenskyCourt of Appeals for the Seventh Circuit · 1997
- National Labor Relations Board v. Health Care & Retirement Corp. of AmericaSupreme Court of the United States · 1994
- National Labor Relations Board v. Res-Care, Inc.Court of Appeals for the Seventh Circuit · 1983
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