International Association of
Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO v.
ADF International, Inc.
NLRB
Case 19-UC-168515
March
23, 2016
Following a four day trial, Region 19 of the National Labor Relations Board held that the 11 Foreman working for
the Employer ADF International, Inc. were Supervisors under Section 2(11) of
the National Labor Relations Act. The Employer fabricates and paints complex structural steel
components for industrial and commercial buildings and projects such as
manufacturing plants, bridges, retail centers, office buildings, and recreation
facilities, including the Atlanta Falcon Stadium. In arguing that the Employer
has not met its burden under § 2(11), the Ironworkers Union asserted that ADF
failed to establish by the preponderance of the evidence that foremen are
supervisors as they do not meaningfully hire, transfer, promote, assign,
discipline, or control employees' time. Relying
on Oakwood
Healthcare, Inc., 348
NLRB 686, 687 (2006) the Board disagreed and found the individuals to be
statutory supervisors because they held the authority to engage in any 1 of the
12 supervisory functions (e.g., "assign" and "responsibly to
direct") listed in § 2(11); their "exercise of such authority
was not of a merely routine or clerical nature, but required the use of
independent judgment"; and their authority was held "in the interest
of the employer." Among other factors, the foremen play a critical role in
the interview by asking applicants technical questions to evaluate their
ability to perform the requisite job duties.
The foremen are
responsible for evaluating the performance of the employees that report to them
and these evaluations are used by the Employer to impact the wages of evaluated
crew members. The
foremen also have the
authority to discipline, including shift suspensions, and to effectively
recommend termination. Persons with the power "effectively to
recommend" the actions described in § 2(11) are supervisors within the
statutory definition. The foremen constantly observe employees and work on the
floor with employees. Accordingly, foremen are properly suited to recommend
promotion and corresponding pay increases based on their direct observation of
employees. Foremen prioritize work on the floor and they are
primary participants in the daily process of determining which employees should
undertake necessary tasks that are part of the entire production process of the
shop. Evidence of foremen's abilities to assign, and effectively recommend,
significant overall tasks and assign overtime is sufficient to meet the Employer's
§ 2(11) burden.