Thursday, September 20, 2007

House Committee Approves RESPECT Act

Capitoldome The September 20th BNA Daily Labor Report (subscription required) has news about the House HELP subcommittee approval of the RESPECT Act, which would legislatively change the definition of supervisor under the NLRA:

The House Education and Labor Committee Sept. 19 approved legislation (H.R. 1644) that would modify the definition of supervisor under the National Labor Relations Act. 

The bill, titled the Re-empowerment of Skilled and Professional Employees and Construction and Tradesworkers Act, or RESPECT Act, would change the definition of "supervisor" to eliminate the tasks "assign"

and "responsibly direct" from a list of 12 supervisory duties to clarify, in the view of the bill's sponsors, that workers who lack actual supervisory authority are not supervisors under the law.

Employees covered by the NLRA's definition of supervisor are not entitled to have union representation, engage in collective bargaining, or engage in protected concerted activity.

As much as I think this is a needed development in light of recent NLRB decisions in this area, I am under no illusion that this bill has any chance with the ability of the Republicans to filibuster and the president to veto.  But perhaps, like other legislation, it sets the stage for 2009.

Hat Tip:  Hank Leland

PS

http://lawprofessors.typepad.com/laborprof_blog/2007/09/house-committ-1.html

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» Will the definition of a supervisor under the NLRA be amended? from Adjunct Law Prof Blog
To be a supervisor under Section 2(11) of the NLRA and therefore, excluded from most of the protections under the Act, an individual must perform one of 12 functions with independent judgment. Two of those functions are the assignment of [Read More]

Tracked on Sep 20, 2007 9:16:13 PM

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