National Labor Relations Board v. Kentucky River Community Care, Inc.

Under the National Labor Relations Act, employees are deemed to be “supervisors” and thereby excluded from the protections of the Act if, inter alia, they exercise “independent judgment” in “responsibly . . . direet[ing]” other employees “in the interest of the employer.” 29 U. S. C. §152(11). This ease presents two questions: which party in an unfair-labor-practiee proceeding bears the burden of proving or disproving an employee’s supervisory status; and whether judgment is not “independent judgment” to the extent that it is informed by professional or technical training or experience.

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