Port Captains, Port Engineers Not Managerial Employees

The U.S. Court of Appeals for the District of Columbia Circuit ruled that port captains and port engineers are not managerial employees for purpose of the National Labor Relations Act (NLRA). In the instant case, a labor union filed a representation petition with the National Labor Relations Board (NLRB) seeking an election to become the exclusive bargaining agent for the port captains and port engineers employed by the employer. The employer opposed the petition and, when the NLRB ordered an election and the union won, the employer refused to bargain. The employer sought judicial review of the NLRB order. After reviewing the duties of the port captains and port engineers, the court determined that these individuals, while exercising professional judgment within their limited discretion, did not formulate and effectuate managerial policy and make operative decisions that were binding on the employer. The company was directed to bargain with the labor union as the representative of the employees. Evergreen America Corp. v. National Labor Relations Board, No. 03-1129 (D.C. Cir., April 2, 2004). (HK Law)