Beverly California Corp. v. NLRB

In Beverly California Corp. v. NLRB, 970 F. 2d 1548 (1992), the court had stated that "the notion that direction given to subordinate personnel to ensure that the employer's nursing home customers receive `quality care' somehow fails to qualify as direction given `in the interest of the employer' makes very little sense to us." 970 F. 2d, at 1552. Addressing the instant case, the court followed Beverly and again held the Board's interpretation inconsistent with the statute. 987 F. 2d, at 1260. The court further stated that "it is up to Congress to carve out an exception for the health care field, including nurses, should Congress not wish for such nurses to be considered supervisors." Id., at 1261. The court "reminded the Board that it is the courts, and not the Board, who bear the final responsibility for interpreting the law." Id., at 1260. After concluding that the Board's test was inconsistent with the statute, the court found that the four licensed practical nurses involved in this case were supervisors. Id., at 1260-1261.