Manager: Its Legal Definition

imagesPosted by Rick Dacri, June 6, 2013

 This question came to me from one of my HR HelpLine clients:

Question: If I have a union employee, can I promote that employee to a management position, outside of the union? The management position would take on all the responsibilities of the union position plus additional responsibilities.

Answer: Yes, if the employee’s new responsibilities will have significant supervisory duties, such as hiring and firing. However, you may have a problem with the union and the National Labor Relations Board (NLRB) if the employee only has minor supervisory duties.

Remember, an employee’s job title does not determine whether the employee is a supervisor or manager. Rather, the term “supervisor” is defined to include any individual with the authority to perform any one of 12 specified functions, if the exercise of such authority requires the use of independent judgment and is not merely routine or clerical. Under the National Labor Relations Act (NLRA), the term “supervisor” means “any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.”

Incorporate these components into the individual’s role, and he will likely be considered a manager.

 If you have questions, contact my HR HelpLine and receive expert advice on all your workforce issues.

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I welcome your comments.

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2 Comments

Filed under Compliance, Uncategorized

2 responses to “Manager: Its Legal Definition

  1. Pingback: Union – Management Relations: It is Not Easy | Uncomplicating Management

  2. Pingback: Harassment Claims: Courts New Definition of Supervisor Helps Employers | Uncomplicating Management

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