Eighth Circuit: Transdev Services, Inc. v. NLRB

 

Substantial evidence for Board finding that neither policies nor the CBA established a progressive system of employee discipline; the supervisors' actions were appropriately characterized as reports without any inherent enforcement power.  The reports also are considered insufficiently authoritative to be considered recommendations.  A one-time distribution of gift cards was insufficient to establish manager status.  Although employees could temporarily remove other employees from driving, their efficacy at this was determined by their own performance, not the employee's performance, as precedent compels for a finding of manager status.

Commonsense argument that there must be a significant proportion of managers among the employee would inappropriately mix the lay standard with the legal standard required by statute and precedent.


Transdev Services, Inc.  v.  NLRB