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Atlantic City Elec. Co. v. Nat’l Lab. Rel. Bd.

3rd Circuit

July 7, 2021

The plaintiff and the union representing its employees disagreed on whether a particular class of employees was supervisors under Section 2(11) of the National Labor Relations Act. The National Labor Relations Board found that the employees were not supervisors and that the plaintiff violated the Act by refusing to bargain with those employees. The Third Circuit employed a three-part test from NLRB v. Ky. River Cmty. Care, Inc. In doing so, the Court affirmed and held that the employees were not supervisors.

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