Takeaway: While the National Labor Relations Act protects workers coordinating with each other for their mutual aid and protection, it does not cover all workers. The act excludes managerial employees.
The 4th U.S. Circuit Court of Appeals ruled that a firearms and tactics instructor for a security guard training company was not a manager and therefore was covered by the National Labor Relations Act.
The charging party worked as a firearms and tactics instructor for Constellis Inc., a company that trained security officers in the proper handling of weapons. He and the other instructors taught small groups of students how to handle a variety of weapons. Constellis mandated that instructors adhere to a curriculum developed by management.
Constellis provided range cards, which detailed the shooting drills that instructors were required to have the students follow. Instructors were not permitted to deviate from or alter the prescribed curriculum or drill specified on the range cards without supervisory approval.
Constellis’s policy prohibited instructors from otherwise disciplining or removing students from the training program. Such actions could be taken only at the direction of the supervisor. However, the charging party and his colleagues were permitted some discretion carrying out their jobs. They could, for example, remove a student from a live firing situation if they observed a safety violation. The instructors could also file spot reports about students who engaged...
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