Hello, and welcome to Training with LegalEase. Today, I would like to talk about managers; managers who are not protected.

As we know, the National Labor Relations Act (“NLRA”), protects employees’ rights to gather and discuss terms and conditions of employment. That means employers cannot discipline employees when they gather in the workplace to talk about the terms and conditions of their employment. This includes griping and complaining, even complaining online so long as the complaints are about terms and conditions of employment.

What about managers? Managers are not protected under the NLRA. However, employers must make sure that a management role is distinguishable from the roles of other employees.

What does this mean? This means if an employee is to be considered a manager under the NLRA, you must be able to demonstrate that the manager uses independent judgment or independent discretion when operating throughout the day. Can the manager discipline, hire and fire employees (or at least give a strong recommendation about hiring and firing), or make assignments. A manager must be able to operate and function like a manager throughout the workday. Otherwise, the individual will not be considered a manager under the NLRA and will be entitled to protection.

If you have a question about whether your job description meets the test for a manager under the NLRA, then give us a call.

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