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Entergy Gulf States, Inc. v. National Labor Relations Board

Operations coordinators responsibly direct field workers with independent judgment and are therefore statutory supervisors who should not be in the bargaining unit.

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As amended June 18, 2001

Petition for Review of an Order of the National Labor Relations Board

At issue is whether ten operations coordinators*fn1 (“OC”) at an electrical utility are statutory supervisors within the meaning of the National Labor Relations Act, 29 U.S.C. � 151 et seq (“NLRA” or “Act”). Petitioner Entergy Gulf States, Inc. (“Entergy” or the “Employer”) asks this court to reverse a National Labor Relations Board (“NLRB” or “the Board”) decision holding that OCs are not supervisors. Because neither the facts nor applicable law has changed since the NLRB declared OCs to be supervisors in 1983, we will not defer to the Board’s attempt to recharacterize them in 1999. We grant Entergy’s petition for review, set aside NLRB’s bargaining order, and deny enforcement.

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