When Does Delegating Make You a Supervisor?

Abstract

An important aspect of the professional nurse role is that of delegating certain activities to others. In 1935 the United States (U.S.) Congress enacted the National Labor Relations Act (NLRA), and the associated National Labor Relations Board (NLRB), to protect the rights of employees and employers and to encourage collective bargaining in industrial settings. In 1947 the Act was amended to exclude supervisors from the definition of “employees” for the purposes of collective bargaining. In 1974 Congress provided for collective bargaining for various professional personnel, including staff nurses in all work settings. Nursing supervisors, because they were supervisors, were excluded from collective bargaining. Over subsequent years the definition of a nursing supervisor has been debated in courts of law. These debates have implications for nurses who practice in agencies that have collective bargaining units. This article considers the NLRA and NLRB activities related to delegation in nursing by reviewing the history of the NLRA and NLRB; defining key terms; presenting the various interpretations, rulings, and decisions of the NLRB; and providing a summary of recent decisions related to workplace supervisory practices. Delegation-related activities of the U.S. Executive Branch and activities of professional nursing organizations are described. Nursing implications of these laws, rulings, and interpretations are addressed.