09/26/2025: Self-Determination Election Ordered
A simple case where the employer made all of the arguments you can and failed.
San Diego Gas & Electric Company, 21-RC-341150 (Regional Election Decision)
The National Labor Relations Board (NLRB) Regional Director issued a decision directing an Armour-Globe self-determination election for Operations Shift Supervisors (OSSs) employed by San Diego Gas & Electric Company to determine if they wish to join an existing bargaining unit represented by Local Union 465 International Brotherhood of Electrical Workers.
The Employer argued the OSSs were ineligible for union representation because they were: (1) statutory supervisors, (2) managerial employees, (3) confidential employees, and/or (4) professional employees. The Employer further claimed the OSSs lacked a community of interest with the existing bargaining unit of Transmission System Operators (TSOs).
After analyzing the evidence, the Regional Director found the Employer failed to meet its burden of proving any of these exclusions applied. The decision determined:
The OSSs lacked genuine supervisory authority as defined by Section 2(11) of the Act. While OSSs worked with TSOs, they did not have authority to hire, fire, discipline, responsibly direct, or assign work using independent judgment.
OSSs were not managerial employees as they did not formulate or effectuate management policies or exercise discretion independent of established employer policy.
OSSs were not confidential employees as they did not share a confidential relationship with managers who formulate labor relations policies.
OSSs were not professional employees under Section 2(12) of the Act, as their position did not require advanced knowledge typically acquired through specialized education.
The Regional Director found that OSSs shared a sufficient community of interest with the existing bargaining unit, citing similar skills and duties, functional integration, geographic proximity, common supervision, and bargaining history. Therefore, an Armour-Globe election was ordered to allow OSSs to vote on whether to join the existing bargaining unit.
Significant Cases Cited
Oakwood Healthcare, Inc., 348 NLRB 686 (2006): Defined “responsibly to direct” and “independent judgment” for supervisory status determinations.
NLRB v. Kentucky River Community Care, Inc., 532 U.S. 706 (2001): Established the three-part test for supervisory status under Section 2(11).
NLRB v. Yeshiva University, 444 U.S. 672 (1980): Defined managerial employees as those who formulate and effectuate management policies.
Warner-Lambert Co., 298 NLRB 993 (1990): Established the two-part standard for Armour-Globe elections.
United Operations, Inc., 338 NLRB 123 (2002): Listed community of interest factors for determining appropriate bargaining units.