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🗞️ United Community Action Partnership Head Start Teachers Ruled Supervisors in NLRB UC Decision

NLRB Regional Director ruled Head Start Teachers are statutory supervisors, excluding them from union representation based on disciplinary authority exercised with independent judgment.

onthelaborfront

27 Jan 2026 — 2 min read

In a January 27, 2026 decision, National Labor Relations Board Regional Director Jennifer A. Hadsall ruled that Head Start Teachers at United Community Action Partnership are statutory supervisors under Section 2(11) of the National Labor Relations Act (NLRA), thereby excluding them from the bargaining unit represented by AFSCME, Council 65, Local 3444.

The decision came in response to a unit clarification petition filed by the Employer during negotiations for a successor collective bargaining agreement, nearly 30 years after the Union's original 1997 certification. The Regional Director found that Head Start Teachers possess disciplinary authority requiring independent judgment—specifically, the discretionary power to determine whether employee performance issues warrant informal counseling, documented supervisories, or formal discipline such as verbal or written warnings.

The decision applied the legal framework established in Oakwood Healthcare, Inc., 348 NLRB 686 (2006), which clarified the Board's interpretation of supervisory status following the Supreme Court's 2001 decision in NLRB v. Kentucky River Community Care. Under Section 2(11), an individual is a supervisor if they: (1) possess authority to engage in any of twelve enumerated supervisory functions, (2) exercise such authority using independent judgment that is not merely routine or clerical, and (3) hold that authority in the employer's interest.

While the Regional Director found insufficient evidence that Head Start Teachers possess other supervisory indicia such as hiring, assignment, or responsible direction authority, the disciplinary authority alone was sufficient to establish supervisory status. Supporting this finding were several secondary indicia, including the Employer's designation of Teachers as supervisors, mandatory supervisory training attendance, and authority to approve time-off requests.

Early Head Start Teachers were stipulated not to be supervisors and remain in the bargaining unit along with Assistant Teachers and Classroom Supports. The decision may be reviewed by the full NLRB upon request filed within 14 days.

Key Points

Legal Standard: Section 2(11) requires authority over one of twelve supervisory functions, exercised with independent judgment, in the employer's interest
Decisive Factor: Head Start Teachers independently determine appropriate disciplinary responses without firm guidelines
Formal Discipline: Teachers issue verbal and written warnings placed in personnel files as part of progressive discipline system
Insufficient Evidence: Employer failed to prove hiring, assignment, direction, reward, or grievance adjustment authority
Secondary Indicia: Supervisory designation, training participation, and time-off approval authority supported finding
Unit Impact: Approximately 24 Head Start Teachers excluded from 105-employee bargaining unit
Collective Bargaining: Decision arose during successor contract negotiations after nearly 30 years of union representation
Review Process: Parties may request Board review within 14 days; decision deadline February 10, 2026