NLRB Ruling Threatens Millions with Loss of Union Voice

Nurses, reporters and millions of other workers are at risk of losing their right to organize and have a union voice in light of an NRLB decision this week that labor leaders say draws a "road map" for employers to keep unions out.

"This decision sets a new standard for determining who is a supervisor, and encourages employers to make that determination," said CWA President Larry Cohen. "It's just the latest in a series of devastating actions by the NLRB to strip away workers' rights."

The ruling essentially lays out for employers what tasks workers — in this case nurses — need to perform in order to be considered supervisors and therefore not eligible for union representation. Simply assigning another employee to a particular unit, location or shift on a regular, even if infrequent basis, or spending as little as 10 to 15 percent of their time performing supervisory functions, now can classify nurses and other workers as supervisors.

"Although the decision covers only nurses, the expanded definition of supervisor means up to 8 million workers, including nurses, building trades workers, newspaper and television employees and others may be barred from joining unions," the AFL-CIO said.

For nurses, the ruling puts their critical role as a patient advocate at risk, said CWA Representative Debora Hayes, a registered nurse and member of CWA's Health Care Coordinating Committee.

"Nurses are the frontline care givers in our hospitals, and the decisions we make and actions we take are critical to the recovery of our patients and the well-being of their families," Hayes said. "The board's move to restrict our voice is wrong, because it will arbitrarily prevent many nurses from carrying out one of our most important jobs — advocating for quality patient care."

The NLRB split along party lines, with the board's Republican majority backing the new standard. Democrats Wilma Liebman and Dennis Walsh dissented, saying the decision is so broad that "it threatens to create a new class of workers under federal labor law: workers who have neither the genuine prerogatives of management nor the statutory rights of ordinary employees."

Cohen called the decision a disgrace and further evidence that the Board has abandoned its charge to protect workers' rights. The Board even rejected calls from a bipartisan group of members of Congress to hold oral arguments in the cases.

"Under our federal law, workers are entitled to union representation and a voice on the job, and CWA will continue the fight to restore workplace democracy," he said.