Read the Case Study 3.4, Determination of Supervisory Status , in your textbook.

Question

Read the Case Study 3.4, Determination of Supervisory Status, in your textbook.

For the union, list all the reasons why you think the docking pilots are not supervisors.

In responding to this assignment, in a word document, you are to answer the question at the bottom of the case study from your assigned role's perspective. From your assigned perspective write your argument for the following question: Should the docking pilots be classified as supervisors and thus excluded from participating in a bargaining unit for purposes of collective bargaining

- Determination of Sup dscs so adiust their grievances, or effectively bining dscipise other employees, or or such, action, if in conjunction withth rical nature, but requires the use of ailgngente Cout has citablished thie nise ssghe to becme the ise of such authority is not of a wt bu egnie and he Supreme refosed to olul under the l Corp S1I US. 571 119941). Pa the supervisory status of an A LMRA, as amen who con the bargaining unit were u Retirement Corp t the Care orm at least one of the 12 in the statutory definition oand granied summary odgment in favor of the cific functions outlined in the statutory anin shich the employer then appealed to a federal supervisor under Section 2(11) of the court of appeals for nevicw enyloyer for a refiosal to bargsin in good laith. The an employee must perform at least one of th eayloyer Koe a neinal to barain in gol lah. The emyployer angod chat the harhor plots should tions, the individual must be be clasified as supervisors from the dininin of "an employor" cowered der judgnent dhe LMRA, as amended The bunden of proving the supervisory functions must uperviony satus of an enplaoge is on the party employer The third test is typically the " and thenefore escluded pendent jadgment. Third, the exercise of in performing one or more of the i2 list be "in the interest of the upernier as ay indinidal having authority, in the ment of a legitimate business goal or purpose of de nterests of the enployer to hire, transler, sspend, lay firm will be considered an act "in the interest of the recall promote, dacharge asign, reward, or employer." Most cases involving the determinationof

Explanation / Answer

The docking pilots should not be given the supervisory status under LMRA, as amended. The Supreme Court has established a three-part test for determining a supervisory status under the LMRA, as amended. The main consideration in the case is to determine if the docking pilot performs one or more of supervisory functions as defined under LMRA.

The employer argues that the docking pilots perform three of the supervisory functions as below:

          In the above argument, though the docking pilots provide recommendations in hiring and promotions, the final decision is made by the President and the Vice President of the company. As per the U.S Coast Guard Regulations, docking pilot trainees need to make trips with the licensed docking pilots. The docking pilots need to evaluate the performance of the trainees and make recommendations on the suitability of the trainee to the job position. Even in this case, it is a recommendation and the final decision is not made by the docking pilot.

The employer also argues that the docking pilots determines the number of tugboats to safely harbor the ships scheduled for the day. However, merely calculating the number of boats and assigning of work to employees based on the schedule of ships is not a supervisory function. The docking pilots are not involved in evaluation of the job skills neither the handling of their grievances.

The employer also argues that the docking pilot performs one of the supervisory functions as directing other employees to do their work. For example, they provide directions as to how the tugboats and mooring lines should be placed for safely docking the ships. This role is discharge of the duties of the docking pilot and not considered as supervisory function. This responsibility is the routine discharge of the professional duties of the docking pilot and does not exercise the independent judgment as a supervisory staff as defined under LMRA, as amended.

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