Licensed Practical Nurses: Protected “Employees” or Statutory “Supervisors” Under the NLRA? The Impact of the 11th Circuit’s Lakeland Health Care Decision

Source: David P. Twomey, Labor Law Journal, Vol. 64 no. 2, Summer 2013
(subscription required)

With headlines like “Licensed Practical Nurses Ruled Ineligible for Union Representation”, and “Eleventh Circuit Rules Licensed Practical Nurses Are Supervisors, Providing Strong Ammunition to Long-Term Healthcare Facilities,” Human Resources publications and law firm blogs welcomed the Eleventh Circuit Court of Appeals decision vacating the National Labor Relations Board’s (NLRB) determination in its Lakeland Health Care Associates, LLC v. NLRB decision that the licensed practical nurses (LPNs) at Lakeland’s Wedgewood Health Care Center were employees protected under the National Labor Relations Act (NLRA).