Iowa Electric Light & Power Co. v. National Labor Relations Board

717 F.2d 433
CourtCourt of Appeals for the Eighth Circuit
DecidedSeptember 12, 1983
DocketNo. 82-2262
StatusPublished
Cited by1 cases

This text of 717 F.2d 433 (Iowa Electric Light & Power Co. v. National Labor Relations Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Iowa Electric Light & Power Co. v. National Labor Relations Board, 717 F.2d 433 (8th Cir. 1983).

Opinion

HENLEY, Senior Circuit Judge.

This is a petition for review of an order of the National Labor Relations Board (NLRB) by Iowa Electric Light and Power Company, and a cross-petition for enforcement of the order by the NLRB. The issue is whether Quality Control Inspectors at Iowa Electric’s nuclear power plant are employees or managers-supervisors. We enforce the Board’s order.

Iowa Electric employs three Quality Control Inspectors at its Duane Arnold Energy Center, a nuclear power plant. Iowa Electric and Local 204 of the International Brotherhood of Electrical Workers (the Union) have a collective bargaining agreement covering production and maintenance employees. The Union petitioned the NLRB to add Quality Control Inspectors to the bargaining unit. The petition was opposed by Iowa Electric on the ground that the Inspectors were supervisors. After a hearing the Regional Director found that the Inspectors were employees, not managers or supervisors, and ordered an election. The Union won, but Iowa Electric refused to bargain with the Union concerning the Inspectors. The Union brought suit in federal district court against Iowa Electric under the Labor Management Relations Act, but the case was dismissed on appeal for lack of jurisdiction. Local Union 204 v. Iowa Electric Light & Power Co., 668 F.2d 413 (8th Cir.1982). The Union then charged Iowa Electric with a violation of the National Labor Relations Act (the Act), and the NLRB found that Iowa Electric had engaged in unfair labor practices in violation of § 8(a)(5) of the Act. 29 U.S.C. § 158(a)(5). The NLRB ordered Iowa Electric to bargain with the Union. It is that order which is now before the court.

All employees properly characterized as “managerial” are excluded from the protections of the Act. NLRB v. Bell Aerospace Co., 416 U.S. 267, 289, 94 S.Ct. 1757, 1769, 40 L.Ed.2d 134 (1974). Managerial employees are those who “formulate and effectuate management policies by expressing and making operative the decisions of their employer.” Id. at 288, 94 S.Ct. at 1768. “[N]ormally an employee may be excluded as managerial only if he represents management interests by taking or recommending discretionary actions that effectively control or implement employer policy.” NLRB v. Yeshiva University, 444 U.S. 672, 683, 100 S.Ct. 856, 862, 63 L.Ed.2d 115 (1980).

Nor are supervisors covered by the Act. 29 U.S.C. § 152(3). An employee is declared by the Act to be a supervisor if he or she has authority to “hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action,” provided the exercise of such activity “is not of a merely routine or clerical nature, but requires the use of independent judgment.” 29 U.S.C. § 152(11). Authority to do only one of [435]*435these listed acts is enough to make an employee a supervisor. NLRB v. St. Mary’s Home, Inc., 690 F.2d 1062, 1065 (4th Cir.1982); NLRB v. Sayers Printing Co., 453 F.2d 810, 814 (8th Cir.1971).

The Board found that the Quality Control Inspectors “are responsible for performing inspection, examination, and testing activities that assure the quality and safety of a nuclear power plant. The Inspectors determine whether the materials, supplies, components, systems and processes conform to the predetermined quality requirements so as to insure safe, efficient and reliable plant performance.” The Board found that the Inspectors used checklists in making these inspections, and that they had no authority to vary the terms of those checklists. Thus, the Board considered the decisions of the Quality Control Inspectors to be “primarily technical in nature and limited by pre-exist-ing established policy.”

Iowa Electric challenges the Board’s findings on three grounds. First, it argues that because an inspection can result in changes in working assignments, Quality Control Inspectors “assign work” as that term is used in the definition of supervisor. Second, it argues that because reports written by Inspectors are used in the disciplinary process against other employees, Quality Control Inspectors discipline other employees. Third, Iowa Electric argues that the job description of Quality Control Inspectors which is written by the Nuclear Regulatory Commission requires that Quality Control Inspectors have leeway and freedom to correct mistakes and take preventive action. In addition to these arguments, a conflict of interest argument has been put forth by other utility companies in an amicus curiae brief. We will examine each argument in turn, in view of the large measure of discretion exercised by the Board in determining whether or not employees are supervisors or managers. NLRB v. Broyhill Co., 514 F.2d 655, 658 (8th Cir.1975).

Part of a Quality Control Inspector’s job is to examine conditions at certain “hold points.” Hold points are established pursuant to government regulations, and are levels at which activity is halted until an inspector determines that the necessary specifications and criteria have been met. If the criteria are found not to have been met, work cannot continue until the deficiency is corrected. If the deficiencies are serious enough, the plant may be shut down.

Iowa Electric argues that when an Inspector finds that criteria are not met, he is “effectively” assigning work, since corrections must be performed and usual activity is halted until the corrections are made. Iowa Electric stresses the possibility that the plant could be shut down as a result of an Inspector’s decision that something is wrong. Iowa Electric argues that because Inspectors “effectively assign work,” they are supervisors as defined by the Act.

The Board found that the Inspectors have no authority or discretion to change or waive the acceptance criteria at the hold points. Their “decisions” are merely that the criteria are not met, not that work must stop or that the plant must be shut down. Further, the Inspectors themselves do not order the corrective work; they merely report the deficiency to the Quality Supervisor, who decides what corrections must be made. The Board found that corrective action and the halting of work are part of the process rather than consequences of an Inspector’s independent decision. These findings support the Board’s conclusion that Inspectors do not assign or direct work.

Iowa Electric’s second argument is that Inspectors initiate the disciplinary process against other employees. When an Inspector finds something amiss at a hold point, he fills out a Material and Activities Occurrence Report (MAOR).

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717 F.2d 433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iowa-electric-light-power-co-v-national-labor-relations-board-ca8-1983.