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With All Due Deference: What Constitutes the Exercise of \u22Independent Judgment\u22 in the Workplace? An Analysis of NLRB v. Kentucky River Community Care

By Barbara J. Fick

Abstract

This article previews the Supreme Court case NLRB v. Kentucky River Community Care, Inc., 532 U.S. 706 (2001). The author expected the Court to examine two issues: (1) What is the appropriate interpretation of the statutory phrase \u22independent judgment\u22 as used in § 2(11) of the National Labor Relations Act in defining which individuals are supervisors; and (2) Who has the burden of proving that an employee meets the definition of supervisor

Topics: Courts, Labor and Employment Law, Law
Publisher: NDLScholarship
Year: 2001
OAI identifier: oai:scholarship.law.nd.edu:law_faculty_scholarship-1665
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