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Promoted? Turn in your union card!

Lew Maltby
By Lew Maltby
3 Min Read Oct. 15, 2006 | 19 years Ago
| Sunday, October 15, 2006 12:00 a.m.
Linda Bennett never realized she was a manager. As a nurse in Oakwood Heritage Hospital in Taylor, Mich., she had no ability to hire, fire, promote or discipline other nurses. But because she was a “charge nurse” who divided up the work that needed to be done on her shift, the National Labor Relations Board held that she was a “supervisor” and did not have the right to join the nurses union at her facility. She cannot negotiate collectively with other nurses over her pay and benefits but must accept whatever management offers or quit. She won’t be protected from arbitrary termination; management can fire her at will. Bennett isn’t alone. Millions of other rank-and-file workers lost the right to join unions this month when the NLRB issued three decisions that classified them as supervisors. These decisions hold that any employee who is responsible for the work of another employee is a supervisor and not protected by the National Relations Act — unless the work is completely routine. By this definition, every teacher with an aide, carpenter or welder with an apprentice and executive secretary with an assistant in America is a supervisor. The Economic Policy Institute estimates that up to 8 million Americans will lose the right to join a union under these decisions. The Oakwood decision comes on the heels of other NLRB rulings that are divorced from reality. In a case involving Brown University, it held that graduate students who are paid for teaching college courses are not employees of the university. In other cases, it held that disabled workers who receive counseling as part of their compensation and models at art schools are not employees. This is not fair. And it’s not what Congress intended. As the Supreme Count stated in the Bell Aerospace case, Congress intended to distinguish between “real supervisors who have genuine management prerogatives” who are considered part of management and “minor supervisors” who are still workers themselves and are to be covered by the National Labor Relations Act. These rulings couldn’t have come at a worse time. Americans have watched their take-home pay (adjusted for inflation) shrink for over a decade, despite soaring productivity and record corporate profits. Taking away the right to organize denies workers their best opportunity to maintain a decent standard of living. At a time when real wages are declining and job security is becoming a thing of the past, the last thing the country needs is misguided rulings that deny employees the right to join a union. Lew Maltby is president of the National Workrights Institute ( www.workrights.org ) and chair of the Americans for Democratic Action (ADA) Workers’ Rights Committee.


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