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EMPLOYMENT LAW — 3/27/07

RESPECT Act would amend the definition of "supervisor" under the NLRA

Senator Chris Dodd (D-CT), along with Senators Richard Durbin (D-IL) and Edward Kennedy (D-MA) introduced on March 22, 2007, the Re-empowerment of Skilled and Professional Employees and Construction Tradeworkers (RESPECT) Act, which would amend the National Labor Relations Act (NLRA) to modify the definition of supervisor in order to ensure that no employee is unjustly denied his or her right to join a labor union. Congressman Rob Andrews (D-NJ-1) introduced companion legislation in the House of Representatives. Congresswoman Rosa DeLauro (D-CT-3) is a cosponsor of the legislation in the House.

Senator Dodd's bill would correct a policy created by a series of decisions by the National Labor Relations Board (NLRB) last October, in which the NLRB ruled that many charge nurses are supervisors, even though they may have no authority to hire, fire, or discipline other employees. Under these rulings, only 10 percent of a worker's time in a supervisory capacity is enough to lock him or her out of a union. According to the sponsors, the NLRB's decision has opened the door for widespread abuse of workers in countless industries.

"The RESPECT Act is a critical and commonsense step to help protect workers' rights," said Dodd. "Allowing employers to deny workers the right to unionize because their tasks require occasional and minor supervisory duties is unjust and frankly un-American. It is our responsibility to ensure that these hard-working individuals are treated fairly by their employers."

"The Kentucky River decisions are not an anomaly for the current National Labor Relations Board," said Andrews. "In the last five years, the Board has repeatedly ruled to deny or restrict the fundamental rights of entire categories of workers. This hurts workers' ability to earn decent wages and receive decent benefits. With the introduction of the RESPECT Act, we intend to restore those important rights."

"The RESPECT Act will right a wrong done to potentially millions of Americans when the Bush-dominated labor board stripped away their right to bargain for better wages and benefits," said John Sweeney, President of the AFL-CIO, which is supporting Dodd's legislation. "The NLRB defied congressional intent by reclassifying as "supervisors" many workers with only low-level supervisory duties, professionals such as nurses, and other skilled craftsperson. The RESPECT Act will restore Congress's original intent, which was never to deny protection to these workers."

The RESPECT Act would amend the definition of supervisor under the NLRA by deleting the terms "assign" and "responsibly to direct" from the definition of supervisor--terms that the NLRB expanded in its rulings. The bill would also require that for a worker to be labeled a supervisor, he or she must spend the majority of the workday in a supervisory capacity.

Source: Office of Senator Christopher Dodd

For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.

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