Report | Unions and Labor Standards

The Potential Impact of NLRB’s Supervisor Cases: A State-by-State Analysis

Policy Memo #115

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In a previous report, Supervisors in Name Only, EPI reported on the potential impact of decisions the National Labor Relations Board (NLRB) will issue soon to implement the U.S. Supreme Court’s Kentucky River decision. The NLRB is widely expected to broaden the definition of “supervisor” under the National Labor Relations Act in a way that will exclude millions of workers from the law’s protections.

Employers are asking for, and are expected to get from the NLRB, a definition so broad that a worker with no authority to hire, fire, discipline, promote, or reward other employees, who earns no more than they do, and who performs the same work could be considered a supervisor merely because he or she sometimes directs other employees in the performance of their tasks. A lead worker on a loading dock, for example, who tells other employees how to load a truck would be transformed, by the broader definition, from a union employee into a supervisor. Team leaders, group leaders, lead workers, and working foremen have traditionally not been considered supervisors, but the Kentucky River cases are expected to overturn precedent. EPI calculates that the broad definition employers want would deny labor law protection to more than 8 million employees.

The downloadable files in this document give an indication of the potential impact of the NLRB’s decisions on a state-by-state basis. Looking at just 10 occupations with large numbers of affected employees, we find that thousand of workers will be affected in even the smallest states, and hundreds of thousands of employees would lose labor rights in the largest states. The occupations analyzed are RNs and LPNs, cooks and chefs, secretaries, accountants and auditors, electricians, social workers, cashiers, bookkeepers, and office clerks. More than 200 occupations are likely to be affected by the decisions, but we have analyzed only 10 of the 15 most heavily affected occupations.

The tables below for each state show: the total employed in each occupation (“group total”); the percent share of each occupation with Level 2 supervisory duties, as determined by the Bureau of Labor Statistics National Compensation Survey; and the number of employees potentially affected by the NLRB’s forthcoming decisions (“affected workers”), calculated by multiplying the group total by the percent share.

Download single file with tables for all states:
Acrobat PDF [69 kb]
Excel XLS
[413 kb]

Download individual tables for each state in Acrobat PDF format:

ALABAMA

AL

ALASKA

AK

ARIZONA

AZ

ARKANSAS

AR

CALIFORNIA

CA

COLORADO

CO

CONNECTICUT

CT

DELAWARE

DE

DISTRICT OF COLUMBIA

DC

FLORIDA

FL

GEORGIA

GA

HAWAII

HI

IDAHO

ID

ILLINOIS

IL

INDIANA

IN

IOWA

IA

KANSAS

KS

KENTUCKY

KY

LOUISIANA

LA

MAINE

ME

MARYLAND

MD

MASSACHUSETTS

MA

MICHIGAN

MI

MINNESOTA

MN

MISSISSIPPI

MS

MISSOURI

MO

MONTANA

MT

NEBRASKA

NE

NEVADA

NV

NEW HAMPSHIRE

NH

NEW JERSEY

NJ

NEW MEXICO

NM

NEW YORK

NY

NORTH CAROLINA

NC

NORTH DAKOTA

ND

OHIO

OH

OKLAHOMA

OK

OREGON

OR

PENNSYLVANIA

PA

RHODE ISLAND

RI

SOUTH CAROLINA

SC

SOUTH DAKOTA

SD

TENNESSEE

TN

TEXAS

TX

UTAH

UT

VERMONT

VT

VIRGINIA

VA

WASHINGTON

WA

WEST VIRGINIA

WV

WISCONSIN

WI

WYOMING

WY


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