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NLRB v. KENTUCKY RIVER COMMUNITY CARE, INC.

No. 99-1815.

532 U.S. 706 (2001)

121 S.Ct. 1861

149 L.Ed.2d 939

NATIONAL LABOR RELATIONS BOARD v. KENTUCKY RIVER COMMUNITY CARE, INC., et al.

Supreme Court of United States.

Decided May 29, 2001.

Attorney(s) appearing for the Case

Deputy Solicitor General Wallace argued the cause for petitioner. With him on the briefs were former Solicitor General Waxman, Matthew D. Roberts, Leonard R. Page, John H. Ferguson, Norton J. Come, and John Emad Arbab. Thomas J. Schulz, Jonathan P. Hiatt, James B. Coppess, and Laurence Gold filed briefs for Kentucky State District Council of Carpenters as respondent under this Court's Rule 12.6 in support of petitioner.

Michael W. Hawkins argued the cause for respondent Kentucky River Community Care, Inc. With him on the brief were Louise S. Brock and Cheryl E. Bruner.*

Scalia, J., delivered the opinion for a unanimous Court with respect to Part II, and the opinion of the Court with respect to Parts I and III, in which Rehnquist, C. J., and O'Connor, Kennedy, and Thomas, JJ., joined. Stevens, J., filed an opinion concurring in part and dissenting in part, in which Souter, Ginsburg, and Breyer, JJ., joined, p. 722.

Justice Scalia, delivered the opinion of the Court.

Under the National Labor Relations Act, employees are deemed to be "supervisors" and thereby excluded from the protections of the Act if, inter alia, they exercise "independent judgment" in "responsibly . . . direct[ing]" other employees "in the interest of the employer." 29 U. S. C. § 152(11). This case presents two questions: which party in an unfair-labor-practice proceeding bears the burden of proving...

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