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N.L.R.B. v. GRANCARE, INC.

No. 97-3431.

170 F.3d 662 (1999)

NATIONAL LABOR RELATIONS BOARD, Petitioner, and United Food and Commercial Workers, Local No. 1444, Intervening Petitioner, v. GRANCARE, INC., d/b/a Audubon Health Care Center, Respondent.

United States Court of Appeals, Seventh Circuit.

Reargued December 17, 1998.

Decided March 3, 1999.

Attorney(s) appearing for the Case

John D. Burgoyne, John Arbab (argued), National Labor Relations Board, Appellate Court, Enforcement Litigation, Washington, DC, for Petitioner.

Christopher J. Johnson (argued), Beck, Chaet, Loomis, Molony & Bamberger, Milwaukee, WI, for Respondent.

Scott D. Soldon, Naomi E. Soldon (argued), Previant, Goldberg, Uelmen, Gratz, Miller & Bruegeman, Milwaukee, WI, for Intervenor-Petitioner.

Before POSNER, Chief Judge, and COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION, KANNE, ROVNER, DIANE P. WOOD, and EVANS, Circuit Judges.

Reargued En Banc December 17, 1998.

TERENCE T. EVANS, Circuit Judge.

The line that separates employees who can unionize from supervisors who can't is not always clear. This is particularly true for nurses in the health care field, whose duties and lines of responsibility can sometimes be fuzzy. Our case today concerns licensed practical nurses (LPNs) at a nursing home in Wisconsin. Are they just employees of the home or are they supervisors as that term is...

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