The doctrine of supervisory domination evolved from the National Labor Relations Act's specific prohibition against employer domination of unions. Currently, however, employers themselves assert that unions are dominated by supervisors in attempts to defeat the certification of unions as collective bargaining representatives of their employees. The authors of this Note argue that because the doctrine of supervisory domination is meaningful only in relation to employer domination of unions, it should be abandoned, and attention refocused on the doctrine's progenitor - actual supervisory domination. Drawing on existing case law and statutory provisions, the authors introduce proposals designed to protect both employers and employees from the conflicts of interest raised by supervisory participation in unions.
Lynn Cox and Peter Martin Nelson,
Discarding the Doctrine of Supervisory Domination: New Solutions to an Old Conflict of Interest,
30 Hastings L.J. 763
Available at: https://repository.uchastings.edu/hastings_law_journal/vol30/iss3/10