Advertisement

April 24, 2014

Ole! The 6th Circuit Side-Steps the Noel Canning Challenge and Issues Pro-Employer Ruling on "Supervisor" Issue

Just before the Fourth of July, the 6th Circuit delivered a favorable ruling for employers while avoiding the quicksand of Noel Canning.  In GGNSC Springfield LLC v. NLRB, No. 12-1529 (6th Cir. July 2, 2013), the Sixth Circuit reversed the Regional Director's decision and found that a number of Registered Nurses (RNs) were supervisors for purposes of the NLRA thereby relieving the employer of the obligation to collectively bargain with the RNs. The Court found that the RNs exercised sufficient independent judgment when issuing discipline to constitute supervisor status under the governing Kentucky River standard.  The Court's full opinion and reasoning can be found here.

Notwithstanding the substantive determination, this decision is most significant for the procedural manuevering by the Court to avoid getting enmeshed in the Noel Canning controversy.  First, the Court found that "[e]rrors regarding the appointments of officers under Article II are ‘nonjurisdictional." Thus, the Court found, because the employer’s challenge to the NLRB's authority is not jurisdictional, the Court is not compelled to consider it. Next, the Court held that it need not consider whether the employer forfeited its Noel Canning argument by not raising it initially on appeal because the Court was granting relief on "the basis of its non-constitutional challenge.”

This decision is instructive to employers for purposes of structuring the duties of supervisors and also a powerful reminder to raise the Noel Canning challenge from the outset of – and throughout – the litigation.

© 2014 BARNES & THORNBURG LLP

About the Author

Adam Bartrom, Labor, Employment Attorney, Barnes Thornburg, Law firm
Associate

Adam Bartrom of the firm’s Labor and Employment Law Department collaborates with businesses to handle disputes and to create preventive strategies of all sizes. Adam dedicates his practice to representing management interests on the employment and traditional labor fronts. On the employment side, Adam routinely represents employers in state and federal courts and administrative agencies, such as the DOL, EEOC and other federal, state, and local administrative agencies. Adam has also effectively represented employers against claims of misappropriation of trade secrets, unfair...

260-425-4629

Boost: AJAX core statistics

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com  intended to be  a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.

The National Law Review - National Law Forum LLC 4700 Gilbert Ave. Suite 47 #230 Western Springs, IL 60558  Telephone  (708) 357-3317 If you would ike to contact us via email please click here.