Durbin Pushes Legislation to Avent Additional Shortage of Nurses

Press Release

DURBIN PUSHES LEGISLATION TO AVERT ADDITIONAL SHORTAGE OF NURSES

U.S. Senator Dick Durbin (D-IL) along with Senator Ted Kennedy (D-MA) and Senator Chris Dodd (D-CT) today cosponsored legislation to amend the National Labor Relations Act (NLRA) to clarify a legal distinction between supervisors and employees.

Under current law, supervisors cannot organize a union or collectively bargain. In October of 2006, the National Labor Relations Board issued a broad interpretation of the term supervisor, which will lead to more employees being deemed supervisors. The new rule will have a serious detrimental effect on workers in such occupations as manufacturing and nursing. The legislation introduced today is known as the Re-empowerment of Skilled and Professional Employees and Construction Tradesworkers (RESPECT) Act.

"If Congress does not act, 8 million workers in the United States will no longer have the right to organize," said Durbin. "Illinois is one of many states suffering from nursing shortages. With 40,000 nurses in the state, many will be unable to join unions and collectively bargain, salary levels will be at risk and working conditions will be in question, driving more people to leave the profession and discouraging others from becoming nurses."

In 2001, the Supreme Court ruled that the interpretation of the term supervisor would be left to the National Labor Relations Board to determine what it should mean in the context of the NLRA. Last year, several cases came before the Board to determine whether 1) nurses acting as supervisors in a hospital, 2) nurses acting as supervisors in a long term care facility and 3) load men acting as supervisors in a manufacturing facility should be deemed supervisors. The ruling of the National Labor Relations Board expanded the term "supervisor".

Durbin noted that the ruling of the National Labor Relations Board is contrary to the Congressional intent of the Taft-Hartley Act of 1947 which defined the term "supervisor" more narrowly. Under the new ruling, over 8 million workers, including over 800,000 nurses nationwide, will be stripped of their right to join to join a union. Building and construction trades, broadcasting, energy, shipping and other health care industries will also be affected. In the current economic and labor structure, skilled mid-level workers who make decisions and issue instructions are quite common and these employees should not be prohibited from their basic right to organize.

Last July, Durbin signed onto a letter urging the National Labor Relations Board to hold oral arguments before ruling on the case. The letter, stressing the ramifications that a broad interpretation would have for millions of workers, was initiated by Senator Kennedy (D-MA) and signed by several Senate Democrats. The National Labor Relations Board refused to hear oral arguments. Durbin said his legislation will replace the NLRB's flawed ruling and restore the original intent of the law.

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