Nurses Not Supervisors, Still Had Union Rights, Third Cir. Says

Nurses rehired after the New Jersey health-care center where they worked was acquired by a new company remained union members with collective bargaining rights despite their alleged promotion to supervisor status, the Third Circuit ruled Dec. 26.

Coral Harbor Rehabilitation and Nursing Center failed to show the 25 or so licensed practical nurses it kept on board as a successor employer truly had the authority to discipline or to recommend the discipline that would be meted out to the facility’s certified nursing assistants, the appeals court said. Supervisory workers aren’t considered covered “employees” under the National Labor Relations Act and ...