''NLRB v. Kentucky River Community Care, Inc.'', 532 U.S. 706 (2001), is a

US labor law United States labor law sets the rights and duties for employees, labor unions, and employers in the US. Labor law's basic aim is to remedy the " inequality of bargaining power" between employees and employers, especially employers "organized in ...

case, concerning the scope of

labor rights Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, the ...

in the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

Facts

Staff working for Kentucky River Community Care, who worked as nurses, petitioned the

National Labor Relations Board The National Labor Relations Board (NLRB) is an Independent agencies of the United States government, independent agency of the federal government of the United States that enforces United States labor law, U.S. labor law in relation to collect ...

to be recognized as a bargaining unit to get a

collective agreement A collective agreement, collective labour agreement (CLA) or collective bargaining agreement (CBA) is a written contract negotiated through collective bargaining for employees by one or more trade unions with the management of a company (or with a ...

for their workplace. The employer argued that registered nurses had no rights to bargain, as they were "supervisors" and not "employees" under the

National Labor Relations Act of 1935 The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, a ...

§2(11).29 USC §152(11)
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Judgment

Five members of the Supreme Court held that six registered nurses who exercised supervisory status over others fell into the 'professional' exemption. Justice

Scalia Antonin Gregory Scalia (March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual an ...

gave the opinion of the court, joined in full by Chief Justice Rehnquist and Justices O'Connor, Kennedy and

Thomas Thomas may refer to: People * List of people with given name Thomas * Thomas (name) * Thomas (surname) * Saint Thomas (disambiguation) * Thomas Aquinas (1225–1274) Italian Dominican friar, philosopher, and Doctor of the Church * Thomas the A ...

. He said the following: Justice Stevens dissented in part, joined by Justices Souter, Ginsburg and Breyer, arguing that if "the 'supervisor' is construed too broadly", without regard to the Act's purpose, protection "is effectively nullified".

References

External links

* {{caselaw source , case = ''NLRB v. Kentucky River Community Care, Inc.'', {{ussc, 532, 706, 2001, el=no , justia =https://supreme.justia.com/cases/federal/us/532/706/ , loc =http://cdn.loc.gov/service/ll/usrep/usrep532/usrep532706/usrep532706.pdf , oyez =https://www.oyez.org/cases/2000/99-1815 , other_source1 = WorldLII , other_url1 =http://www.worldlii.org/us/cases/federal/USSC/2001/40.html National Labor Relations Board litigation United States Supreme Court cases United States Supreme Court cases of the Rehnquist Court 2001 in United States case law

Facts

Judgment

See also

References

External links