In Piedmont Health Services, Inc. and Piedmont Health Services Medical Providers United, Case No. 10-RC-286648, Region 10 of the National Labor Relations Board (Region) issued a Decision and Direction of Election (DDE) in which it held that physicians are not supervisors under the National Labor Relations Act (the Act) simply by virtue of their position in the healthcare institution.
Petition Filed by Union
On November 23, 2021, Piedmont Health Services United (Union) filed a petition seeking to represent approximately fifty employees at ten of Piedmont Health Services, Inc.’s (Employer or Piedmont) facilities throughout North Carolina. The petitioned-for unit included all community health center medical providers, defined as physicians, nurse practitioners, certified nurse-midwives, and physicians assistants (providers).
In response, among other things, Piedmont sought to dismiss the petition on the grounds that the physicians are statutory supervisors under the Act. Piedmont argued that the physicians’ authority to direct other employees and their ability to hire, promote, discipline, assign work, and adjust others’ grievances rendered them supervisors under the Act. Piedmont asserted further the physicians did not share a sufficient community of interest with the other providers to warrant inclusion in the petitioned-for unit.
Decision and Direction of Election
The Region held a two-day hearing and ultimately held that the physicians are not supervisors under the Act...
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