Northcrest Nursing Home

28 Cited authorities

Nat'l Labor Relations Bd. v. Yeshiva University
444 U.S. 672 (1980) Cited 183 times 16 Legal Analyses
Holding that all faculty members are managers for purposes of federal labor law even though they lack any legal instruments of control
Packard Co. v. Labor Board
330 U.S. 485 (1947) Cited 382 times 1 Legal Analyses
Holding that Board determinations of unit issues involves a "large measure of informed discretion."
Tripoli Co., Inc. v. Wella Corp.
400 U.S. 831 (1970) Cited 137 times
Declining to review under Hobbs Act district court's exercise of jurisdiction of claim against Federal Communications Commission because plaintiff-appellant had also filed timely petitions for review with court of appeals
N.L.R.B. v. Res-Care, Inc.
705 F.2d 1461 (7th Cir. 1983) Cited 49 times 1 Legal Analyses
Finding significant the fact that a nurse "cannot cause a nurse's aide to be fired by giving her a poor evaluation or cause her to be promoted by giving her a superlative evaluation"
N.L.R.B. v. St. Francis Hospital of Lynwood
601 F.2d 404 (9th Cir. 1979) Cited 40 times
Coordinating rest periods and meals off was more clerical than supervisory
N.L.R.B. v. Bakers of Paris, Inc.
929 F.2d 1427 (9th Cir. 1991) Cited 24 times
Noting that "burden of proving supervisory status rests upon the party asserting it"
Schnuck Markets, Inc. v. N.L.R.B
961 F.2d 700 (8th Cir. 1992) Cited 22 times
Stating that the employer "bears the burden of proving supervisory status"
Nat'l Labor Relations Bd. v. Beacon Light Christian Nursing Home
825 F.2d 1076 (6th Cir. 1987) Cited 22 times
Holding that LPNs and RNs were supervisors although LPNs did not have power to discharge or promote, LPNs' recommendations could lead to formal discipline action, LPNs instructed nurses' aides and were their team leaders, assigned patients to nurses' aides, and were responsible for their work
Children's Habilitation Center v. N.L.R.B
887 F.2d 130 (7th Cir. 1989) Cited 17 times 1 Legal Analyses
Using the ratio of supervisory to non-supervisory employees as a "guiding light in charge-nurse cases"
Waverly-Cedar Falls Health Care v. N.L.R.B
933 F.2d 626 (8th Cir. 1991) Cited 14 times
Holding that LPNs' authority to assign work to aides did not involve independent judgement where authority to assign work to aides simply involved following management's policy and procedure

Northcrest Nursing Home

28 Cited authorities

Holding that all faculty members are managers for purposes of federal labor law even though they lack any legal instruments of control

Holding that Board determinations of unit issues involves a "large measure of informed discretion."

Declining to review under Hobbs Act district court's exercise of jurisdiction of claim against Federal Communications Commission because plaintiff-appellant had also filed timely petitions for review with court of appeals

Finding significant the fact that a nurse "cannot cause a nurse's aide to be fired by giving her a poor evaluation or cause her to be promoted by giving her a superlative evaluation"

Coordinating rest periods and meals off was more clerical than supervisory

Noting that "burden of proving supervisory status rests upon the party asserting it"

Stating that the employer "bears the burden of proving supervisory status"

Holding that LPNs and RNs were supervisors although LPNs did not have power to discharge or promote, LPNs' recommendations could lead to formal discipline action, LPNs instructed nurses' aides and were their team leaders, assigned patients to nurses' aides, and were responsible for their work

Using the ratio of supervisory to non-supervisory employees as a "guiding light in charge-nurse cases"

Holding that LPNs' authority to assign work to aides did not involve independent judgement where authority to assign work to aides simply involved following management's policy and procedure