under the Oakwood Healthcare standard. See, e.g., Custom Bronze & Aluminum Corp., 197
NLRB 397, 398 (1972) (finding authority to assign and direct using independent judgment).
Indeed, in some instances pre-Oakwood Healthcare Board decisions that find supervisory status
contain no explicit finding of independent judgment at all. See, e.g., Wolverine World Wide, Inc.,
196 NLRB 410 (1972).
Further, in at least certain areas, the Board has drawn a clear distinction between pre- and
post-Oakwood Healthcare cases and declined to rely on the former. See Brusco Tug & Barge,
Inc., 359 NLRB 486, 493-495 (2012) (recess Board), incorporated by reference at 362 NLRB No.
28 (2015) (finding pre-Oakwood Healthcare cases dealing with supervisory status of mates “to be
of limited precedential value”); Buchanan Marine, L.P., 363 NLRB No. 58 (2015) (pre-Oakwood
Healthcare cases involving tugboat captains are also of limited precedential value); Entergy
Mississippi, 357 NLRB 2150, (2011) (rejecting reliance on earlier cases regarding electricity
dispatchers decided “under a different standard for determining supervisory status than the one set
forth in Oakwood Healthcare”).
Even so, certain pre-Oakwood Healthcare pronouncements regarding independent judgment,
not necessarily rearticulated in post-Oakwood Healthcare cases, presumably remain valid. Thus,
quality control work—inspecting and reporting the work of others—is not supervisory. Nor is
the testing of welds. Brown & Root, Inc., 314 NLRB 19, 21 fn. 6 (1994); Somerset Welding &
Steel, 291 NLRB 913, 914 (1988).
Nor is an individual a supervisor if the control exercised is merely that which is derived
from job experience. See, e.g., Sanborn Telephone Co., 140 NLRB 512, 515 (1963); Upshur-
Rural Electric, 254 NLRB 709, 710 (1981); S.D.I. Operating Partners, L.P., 321 NLRB 111
(1996) (direction and guidance based on experience and skill “involve[s] no real managerial
discretion that would require the exercise of independent judgment”).
For various other pre-Oakwood Healthcare cases in which the Board found independent
judgment was established, see Arlington Masonry Supply, Inc., 339 NLRB 817 (2003) (assign);
Wal-Mart Stores, 335 NLRB 1310 (2001) (effective recommendation of reward); DST
Industries, 310 NLRB 957 (1993) (assign and direct); Allen Services Co., 314 NLRB 1060, 1061
(1994) (assign and hire); Virginia Mfg. Co., 311 NLRB 992, 993 (1993) (evaluate and
discipline); Superior Baker, 294 NLRB 256, 262 (1989) (direct and discipline); Rose Metal
Products, 289 NLRB 1153 (1988) (assign); and Consolidated Freightways Corp. of Delaware,
196 NLRB 807 (1972) (direct).
For pre-Oakwood Healthcare cases in which the Board found independent judgment had not been
established, see Mid-State Fruit, Inc., 186 NLRB 51, 52 (1970) (direct, assign, and discharge);
Wal-Mart Stores, 340 NLRB 220, 224 (2003) (direct, reward, discipline); KGW-TV, 329 NLRB
378 (1999) (assign and direct); KGTV, 329 NLRB 454 (1999) (assign); Dean & Deluca New
York, Inc., 338 NLRB 1046, 1047 (2003) (discharge); Sears, Roebuck & Co., 304 NLRB 193
(1991) (assign and direct); Armstrong Machine Co., 343 NLRB 1149, 1150 (2004) (assignment).
Dynamic Science, Inc., 334 NLRB 391 (direction); Health Resources of Lakeview, 332 NLRB
878 (2000) (assign, hire, discipline); Arlington Electric, 332 NLRB 845 (2000) (assign and
direct); Carlisle Engineered Products, 330 NLRB 1359 (2000) (assign, direct, discipline);
Freeman Decorating Co., 330 NLRB 1143 (2000) (assign and discipline); Fleming Cos., 330
NLRB 277, 277 fn. 1 (1999) (assign and direct); Crittenton Hospital, 328 NLRB 879 (1999)
(assign, direct, discipline, evaluate); Tree-Free Fiber Co., 328 NLRB 389 (1999) (assign, hire,
discipline); Millord Refrigerated Services, 326 NLRB 1437 (1998) (assign and direct); Ryder
Truck Rental, 326 NLRB 1386 (1998) (assign, direct, discipline); Alois Box Co., 326 NLRB
1177 (1998) (direct); Greenhorne & O’Mara, Inc., 326 NLRB 514, 517 (1998) (assign, direct,
discipline, grievances); Youville Health Care Center, 326 NLRB 495 (1998) (assign and
direct); General Security Services Corp., 326 NLRB 312 (1998) (assign, direct, discipline);
Hausner Hard Chrome of KY, Inc., 326 NLRB 426 (1998) (assign, direct, discipline, evaluate);
Hydro Conduit Corp., 254 NLRB 433 (1981) (assign, direct, hire, many others); Suburban