Determination of Supervisory Status
In another case, five docking captains employed by Pacific Coast Docking Pilots sought to unionize with a secret vote of five to zero being entered in favor of adopting the union as the bargaining agent for these docking pilots with the company. Pacific Coast Docking Pilots refused to recognize the union as the legal bargaining entity, claiming that the docking pilots were not employees but were actually supervisors as defined by the Labor-Management Relations Act. As such, the docking pilots would not be eligible to form a collective bargaining unit with the protections of the Act and the National Labor Relations Board. The union field an unfair labor practices grievance against the employer and won a summary judgment, which was then appealed by the employer with the above arguments cited as a reason. Determining whether the docking pilots are actually supervisors is not as simple as might be hoped, however, as the following clearly demonstrates.
According to the LMRA, any individual that engages in the act of hiring, promoting, or terminating employees, directs employee activities, or assigns work (or engages in several other tasks not relevant to the case at hand) is a supervisor. In their capacity as docking captains, the five individuals in question make recommendations as to the hiring and the promotion of other individuals to the position of docking captain, and they are also responsible for determining the number of tugboats needed for docking and for the placement of these tugs. The employer contends that this makes...
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