On Oct. 3, a split National Labor Relations Board issued a controversial decision on the long contentious issue of who is a “supervisor” under the National Labor Relations Act and, therefore, is ineligible for union representation and collective bargaining. Oakwood Healthcare, Inc., 348 NLRB No. 37 (Sept. 29, 2006). The decision will undoubtedly impact workers in a wide variety of industries.

The NLRB applied the new guidelines in two other decisions issued the same day. A board spokesperson indicated that the NLRB plans to remand approximately 47 pending representation cases to regional directors for reconsideration in light of the new guidelines.

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