The National Labor Relations Board (NLRB) recently handed down a decision that will allow employers to classify more than 8 million workers as “supervisors” and strip them of their rights to fully participate in a union and be protected under the National Labor Relations Act (NLRA).

 The NLRB ruled on three cases, collectively known as Kentucky River, but it’s the lead case Oakwood Healthcare Inc. that creates a new definition of supervisor.  The NLRB’s decision is a direct threat to thousands of nurses who assume the part-time duties of a “charge nurse.” These “charge nurses” will lose the protection of their unions and the rights afforded them under the NLRA.  It also will severely limit the number of workers who can join a union. 

New legislation introduced in the House by Representatives Rob Andrews (D. - New Jersey) and George Miller (D. - Calif.) (HR 1644) and in the Senate by Senators Chris Dodd (D.- Conn.), Dick Durbin (D. - Ill.) and Ted Kennedy (D. - Mass.) (S 969) will overturn this unfair and harmful decision.

Dear [ Decision Maker ] ,

I am very troubled by the recent decisions by the National Labor Relations Board (NLRB) that will threaten the ability of nurses to participate in a union and eliminate the protection of their workers' rights under the National Labor Relations Act (NLRA).

These series of NLRB decisions, collectively known as Kentucky River, expands the definition of what constitutes a "supervisor." This new definition allows employers to strip millions of workers of their rights to participate in a union by reclassifying them as supervisors. Supervisors are not granted the right under the NLRA to form and join unions.

Specifically, in the healthcare sector, it means that "charge nurses" will be considered supervisors and therefore not protected by the NLRA or allowed to fully participate in a union. These supervisors are defined as individuals who direct or assign workers or who exercises independent judgment for as little as 10 percent or 15 percent of their time on the job. These "charge nurses" will not be eligible to participate in a union nor will they have protection under the NLRA. A recent study by the Economic Policy Institute found that the impact of these decisions goes far beyond healthcare workers and could affect more than 8 million workers nationwide.

AFT represents more than 70,000 nurses and other healthcare workers. This decision threatens the ability of our nurses, many of whom are charge nurses, to speak out on patient care, because they would be denied protection provided both by their unions and by the NLRA from being unjustly fired or disciplined.

The NLRB's test for determining who is a supervisor is a stretch at best and a threat to safe working conditions at worst. If nurses lose this protection, they could be discouraged from speaking out on behalf of their patients on issues such as dangerous staffing and potentially dangerous mandatory overtime.

I urge you to co-sponsor new legislation that will repeal this unfair NLRB decision.

In the House the bill is HR 1644, introduced by Rep. Rob Andrews (D.-New Jersey), and in the Senate the bill is S. 969, introduced by Senator Chris Dodd (D.-Conn.).

Please tell me where you stand on this vital matter and if you will work to reverse this harmful decision.

Sincerely,

Campaign Launched:
October 12, 2006