NLRB v. Health Care & Retirement Corp. of America, 511 U.S. 571, 21 (1994)

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Cite as: 511 U. S. 571 (1994)

Ginsburg, J., dissenting

compassing front-line management prerogatives, on the other, to resolve cases concerning the supervisory status of, for example, doctors,6 faculty members,7 pharmacists,8 librarians,9 social workers,10 lawyers,11 television station

6 See The Door, 297 N. L. R. B. 601, 602, n. 7 (1990) ("routine direction of employees based on a higher level of skill or experience is not evidence of supervisory status").

7 See Detroit College of Business, 296 N. L. R. B. 318, 320 (1989) (professional employees " '[f]requently require the ancillary services of nonprofessional employees in order to carry out their professional, not supervisory, responsibilities,' " but "it was not Congress' intention to exclude them from the Act 'by the rote application of the statute without any reference to its purpose or the individual's place on the labor-management spectrum' "), quoting New York Univ., 221 N. L. R. B. 1148, 1156 (1975).

8 See Sav-On Drugs, Inc., 243 N. L. R. B. 859, 862 (1979) ("pharmacy managers do exercise discretion and judgment" in assigning and directing clerks, but "such exercise . . . falls clearly within the ambit of their professional responsibilities, and does not constitute the exercise of supervisory authority in the interest of the Employer").

9 See Marymount College of Virginia, 280 N. L. R. B. 486, 489 (1986) (rejecting classification of catalog librarian as a statutory supervisor, although librarian's authority over technician's work included "encouraging productivity, reviewing work for typographical errors, and providing answers to the technician's questions based on the catalog librarian's professional knowledge").

10 See Youth Guidance Center, 263 N. L. R. B. 1330, 1335, and n. 23 (1982) ("senior supervising social workers" and "supervising social workers" not statutory supervisors; "[t]he Board has carefully and consistently avoided applying the statutory definition of 'supervisor' to professionals who give direction to other employees in the exercise of professional judgment which is incidental to the professional's treatment of patients and thus is not the exercise of supervisory authority in the interest of the employer").

11 See Neighborhood Legal Services, Inc., 236 N. L. R. B. 1269, 1273 (1978): "[T]o the extent that the [attorneys in question] train, assign, or direct work of legal assistants and paralegals for whom they are professionally responsible, we do not find the exercise of such authority to confer supervisory status within the meaning of Section 2(11) of the Act, but rather to be an incident of their professional responsibilities as attorneys and thereby as officers of the court." The Board continued: "[W]e are careful to avoid applying the definition of 'supervisor' to professionals who direct other employees in the exercise of their professional judgment,

591

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