Reference no: EM131006889

An RN with the title of "weekend supervisor" spent most of her work time providing patient care and interacting with patients' families. She attended management meetings and was paid more than other nurses. She was the highest-ranking em- ployee at the facility on weekends, but the em- ployer provided the weekend staff with the telephone numbers of various managers to contact in case of an emergency. The RN would check to see whether employees did their tasks correctly and could correct employees if they did something wrong. If there was a gross infraction of residential care, the RN-as well as other nursing employees not alleged to be supervisors-could write up the employee on a disciplinary form. If she did so, the completed disciplinary form would be reviewed by administrators, who determined whether the infraction warranted disciplinary action. On two occasions, the RN made an oral report that an employee was unfit for work. In both instances, she was instructed by administrators to send the employee home. In addition, on two occasions, employees came to her and expressed their need to leave work early because of severe health problems experienced by their young children. The RN-without first checking with her superiors- told both employees to leave work early. Finally, on one occasion, the RN prepared a performance evaluation of another employee. In this particular circumstance, the director of nursing asked her to fill out the evaluation because she was not familiar with the employee. The RN was discharged after circulating a petition protesting an action of the employer. Was this RN a supervisor, or was she protected by the NLRA? (Jochims v. NLRB, 480 F.3d 1161 (D.C. Cir. 2007))