A Smack on the Chin or a Nibble? Content Analysis of the Impact of the Oakwood Trilogy

Michigan State University Journal of Medicine and Law, Forthcoming

44 Pages Posted: 7 Nov 2009

See all articles by Tyler S. Gibb

Tyler S. Gibb

affiliation not provided to SSRN

Date Written: November 5, 2009

Abstract

On September 29, 2006 the National Labor Relations Board (NLRB) issued a trio of important decisions. These decisions, called the Oakwood Trilogy, represented the latest attempt by the NLRB to clearly define what it means to be a supervisor under the National Labor Relations Act (NLRA). Supervisors are outside the protection of the NLRA and are unable to unionize or participate in collective bargaining units. The Oakwood trilogy was widely criticized by labor and management advocates. Some critics foresaw dire consequences resulting from these decisions. However, management advocates praised the trilogy. One author declared that it had saved the NLRA.

More than three years after the Oakwood trilogy was published, there is still uncertainty regarding what its impact has actually been. This article uses content analysis, a novel methodology in legal scholarship, to show how the trilogy is actually being applied. This analysis yields a clear picture of the quantifiable impact of the trilogy.

Oakwood was a dispute regarding the supervisor status of nurses within a hospital. The impact of the trilogy in the healthcare industry is very important. By understanding how the NLRB is applying the Oakwood trilogy in the healthcare setting, employers may be able to use job descriptions and job responsibilities to exclude large numbers of nurses from collective bargaining units. On the other hand, nursing unionization efforts may also use the information to shield their members from exclusion under the trilogy.

Keywords: Health, Labor, Employment, Oakwood, Content Analysis

Suggested Citation

Gibb, Tyler S., A Smack on the Chin or a Nibble? Content Analysis of the Impact of the Oakwood Trilogy (November 5, 2009). Michigan State University Journal of Medicine and Law, Forthcoming, Available at SSRN: https://ssrn.com/abstract=1500822 or http://dx.doi.org/10.2139/ssrn.1500822

Tyler S. Gibb (Contact Author)

affiliation not provided to SSRN

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