In its unpublished decision in Bloomsburg Care and Rehabilitation Center, the National Labor Relations Board (NLRB or Board) expressed a willingness to reconsider, and likely expand, what constitutes an alleged supervisor’s ability to “effectively recommend” discipline. The National Labor Relations Act (NLRA) provides that if an individual performs one of several functions, including the ability to discipline, or can “effectively recommend” one of these functions (e.g., discipline or hire), the individual is a supervisor. Under current law, which was applied by one of the Board’s Regional Directors, the Board will not find that an individual effectively recommends discipline if the recommendation is reviewed or independently investigated by upper management.

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