Multimedia KSDK, Inc. v. National Labor Relations Board

BYE, Circuit Judge,

with whom McMILLIAN, MURPHY, and MELLOY, Circuit Judges, join, dissenting.

I agree with much of the court’s decision. The National Labor Relations Board apparently reasoned that KSDK producers are not supervisors because their use of independent judgment was limited to professional and technical aspects of their own work. The Board’s attempt to eliminate professional and technical judgment from the “independent judgment” calculus has now been rejected by the Supreme Court, NLRB v. Kentucky River Cmty. Care, Inc., 532 U.S. 706, 713-20, 121 S.Ct. 1861, 149 L.Ed.2d 939 (2001),…