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NLRB Clarifies Definition Of Supervisor

By Henry E. Farber and Rebecca Shapiro Cohen of Davis Wright Tremaine LLP

The National Labor Relations Act (the "Act") generally excludes "supervisors" from its protection. After the Supreme Court's 2001 decision in NLRB v. Kentucky River Community Care, 532 U.S. 706 (finding the National Labor Relations Board's (NLRB) test for determining supervisory status inconsistent with the Act), the NLRB invited interested parties to file briefs in three representation cases addressing the definition of "supervisor."


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