Definition of Supervisor

Contact

Jeff Shoaf
Senior Executive Director
Government & Public Affairs
Associated General Contractors of America
2300 Wilson Boulevard, Suite 400
Arlington, VA 22201
USA
Phone: (202) 547-3350
Fax: (703) 837-5407
http://www.agc.org

Oppose Changes to the National Labor Relations Act Definition of A "Supervisor”

Background:

  • The National Labor Relations Act (NLRA) defines which employees are eligible to participate in a collective bargaining unit, and currently excludes “supervisors” from its protections. In 2007 the National Labor Relations Board clarified its definition of “supervisor” and the change upset union backers who favored a narrower definition of “supervisor” because it decreased the number of employees who could potentially be unionized. In response to the NLRA decision, legislative attempts to increase union membership by narrowing the 50 year old definition of “supervisor” have been considered.

AGC Message:

  • Changing the Definition of “Supervisor” Would Restrict Business from Being Competitive. Penalizing the capacity of businesses to compete in a local economy by restricting a supervisor’s ability to perform certain non-management duties crucial to being competitive. This legislation fundamentally changes labor law for almost every entity that rely on supervisors to assign and direct work as well as to act in the interests of their employer.
  • The Definition Change Would Restrict Promotions. Limiting an employer’s ability to promote effective candidates to supervisor and retain current supervisors would punish union and non union contractors alike. Current law allows for employers to promote hard working, responsible employees to supervisory positions, should changes to the definition of the position occur, there is no incentive for either the employee or the employer to seek such a position. This legislation would eliminate two of the most commonly used tests for identifying a supervisor under the NLRA – the authority to assign work and the reasonable direction of other employees work.
  • A Sudden Increase in Litigation Would Arise From a Definition Change. The increased litigation against employers relating to how they classify supervisors not only under the NLRA, but also possibly under a variety of other labor laws such as the Fair Labor Standards Act, Occupational Safety and Health Act, anti-discrimination laws and other federal and state statutes, regulations and rules would restrict business growth.