Decision comes from AFL-CIO complaint on NLRB action

(Washington DC) The International Labor Organization (ILO) released a decision by its Committee on Freedom of Association today holding that the National Labor Relations Board’s recent interpretation of the term “supervisor” “appear[s] to give rise to an overly wide definition of supervisory staff that would go beyond freedom of association principles” by excluding such workers from the protections of the National Labor Relations Act. The Committee issued its decision in response to the AFL-CIO’s complaint that the National Labor Relations Board’s (NLRB) decisions in the Oakwood Trilogy violate principles of freedom of association that bind the United States by virtue of its membership in the ILO.

AFL-CIO President John Sweeney welcomed the decision. “The Bush-dominated NLRB has taken every opportunity to arm U.S. employers with the tools to defeat the attempt of workers to gain a voice at work. The ILO’s decision in this case vindicates workers’ rights of freedom of association and collective bargaining, despite the attempts at spinning it by U.S. employers. We will continue to expose the shameful conduct of the U.S. government in every forum available to us as we seek to strengthen the ability of workers to form and join unions.”

The Committee reiterated that under internationally accepted core labor standards, the term “supervisor” must encompass “only those persons who genuinely represent the interests of employers.” The Committee agreed that by interpreting the National Labor Relations Act to exclude from its protections employees whose work simply involves the authority to “assign” or “responsibly to direct” others on a sporadic basis, the Board’s decision is not in accord with these standards.

As employers begin applying Oakwood where their employees seek to form and join unions, “this definition might lead to the exclusion of wide categories of workers from protection of their freedom of association rights,” the Committee stated. The Committee also recognized that the definition may well lead “to a clogging of the representation and collective bargaining process through an increase in appeals filed by employers with a view to challenging the status of employees in bargaining units.” It called upon the U.S. Government to “take all necessary steps to ensure that” the exclusion of supervisors is limited to those individuals who genuinely represent the interests of workers, and requested to be kept informed of progress made.

 The ILO is a United Nations agency dedicated to strengthening the rights of workers. Its decisions, including those of the CFA, are made on a tripartite basis among government, employer, and worker representatives. Since its creation more than 50 years ago, the CFA has examined over 2,300 cases involving violations of internationally accepted workers’ rights.

Contact: Alison Omens (202) 637-5018