6th Circuit vacates NLRB order that nurses were not supervisors

In the recent past it has not been unusual for the 6th Circuit and the NLRB to take different views regarding whether certain nurses are statutory supervisors.  That happened again today in Extendicare Health Services, Inc. v. NLRB.  The case dealt with "floor nurses" at nursing homes.  The "floor nurses" were actually LPNs.  I won't go through the specifics (the opinion is not that long), but as could be predicted, the NLRB and the 6th Circuit differed regarding whether the "floor nurses" exercised independent judgment in directing the work of nursing assistants and whether the "floor nurses" could independently and effectively initiate discipline proceedings against the nursing assistants. In contrast to the NLRB, the 6th Circuit concluded yes and yes.