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11/10/2026: Supervisory Status and Health Care Rule Quirks
Union Electric Company D/B/a Ameren Missouri, 14-RM-394835 (Regional Election Decision) A Regional Director dismissed the Employer's petition after finding that Distribution System Operating Supervisors (DSOS) II are statutory supervisors under Section 2(11) of the NLRA, but not managerial employees. The Employer, an electric and gas utility, filed the petition after the Union demanded recognition for DSOS I and II positions. Because the DSOS II are supervisors excluded from the NLRA's protection, no election was ordered. The DSOS I position was not decided, since no one currently holds it, and ordering an election for a unit with zero employees would be contrary to Board policy. As a preliminary matter, the Union was precluded from litigating supervisory or managerial status because it filed its Statement of Position with the Region but did not serve it on the Employer by the deadline. The Regional Director still took evidence sufficient to decide unit appropriateness, as the Board's rules require. Supervisory status rested on the authority to assign. The DSOS prioritize work tickets, choose which Line Troubleman or Traveling Operator to send, pull employees off lower-priority jobs, hold employees past shift end, decide whether to call in crews and how large they should be, and handle sick call-outs, all without consulting anyone. Relying on Oakwood Healthcare and Entergy Mississippi, the Regional Director found this resembled utility dispatchers who used independent judgment in assigning employees to places. It did not matter that the record did not show who selects the specific employees who respond to a call-out. The Employer failed to prove responsible direction because nothing showed DSOS face adverse consequences for field employees' performance. The one Performance Improvement Plan involved a DSOS's own errors. The Employer also failed to prove discipline authority, since switching error forms merely report incidents and upper management decides whether discipline follows. The managerial claim failed because there was no evidence the DSOS formulate high-level employer policy. They exercise technical discretion, sit below Superintendents and a Manager, and are first-level supervisors. Significant Cases Cited Oakwood Healthcare, Inc., 348 NLRB 686 (2006): Defined "assign" and "responsibly direct" under Section 2(11) and placed the burden of proving supervisory status on the party asserting it. Entergy Mississippi, Inc., 367 NLRB No. 109 (2019): Held utility dispatchers were supervisors because they used independent judgment in prioritizing outages and assigning field employees. NLRB v. Kentucky River Community Care, Inc., 532 U.S. 706 (2001): Established the three-part test for supervisory status under Section 2(11). NLRB v. Yeshiva University, 444 U.S. 672 (1980): Described managerial employees as those who formulate and effectuate management policies and are aligned with management. Ikea Distribution Services, Inc., 370 NLRB No. 109 (2021): Affirmed preclusion of issues for a late-served Statement of Position while confirming the Regional Director must still determine unit appropriateness. NLRB Edge is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Subscribe Prime Healthcare Services – St. Michael’s, LLC D/B/a Saint Michael’s Medical Center, 22-RC-392696 (Regional Election Decision) The Regional Director dismissed a petition seeking an Armour-Globe self-determination election for two full-time radiation therapists at a Newark hospital. The union wanted the therapists to vote on joining its existing nonconforming unit of registered nurses, nurse anesthetists, and technical employees. The Regional Director found the union had not shown the therapists could appropriately be added to that unit under the Board's Health Care Rule and the community-of-interest factors. The Regional Director first explained that the Health Care Rule does not categorically bar an Armour-Globe election in a partially organized hospital with existing nonconforming units. Under St. Vincent Charity Medical Center, such an election does not create a new unit and so does not offend the Rule's concern with unit proliferation. The petitioner still bears the burden of showing the group is identifiable and distinct and shares a community of interest with the existing unit. The therapists were an identifiable, distinct group because they do identical work in the same department under the same managers. On community of interest, the evidence was mostly unfavorable to the union. The therapists work in the Cancer Center alongside unit nurses but have separate supervision (apart from occasional coverage), separate break areas, and distinct equipment and functions. Their contact with nurses is limited to routine patient handoffs, and they do not interact with or fill in for technical employees such as radiology technicians. The Regional Director found some overlap in certifications and training, which might tip the scale on those factors, but the union did not establish common terms and conditions. The Regional Director added that shared benefits or work rules would not suffice given separate supervision, no interchange, and physical separation. The decisive problem was the Health Care Rule's classifications. The therapists are professionals who fall within the Rule's "all other professionals" category. The parties' contract expressly excludes "all other professionals," and the union's attempt at hearing to classify some respiratory therapists as professionals contradicted that contract. Adding the therapists would create yet another nonconforming grouping and leave other unrepresented professionals in that category. A separate therapist-only unit would also be inappropriate because the record shows other unrepresented professional employees. A unit of all unrepresented employees in that category may be appropriate. Significant Cases Cited St. Vincent Charity Medical Center, 357 NLRB 854 (2011): An Armour-Globe election in an acute care hospital does not violate the Health Care Rule because it adds employees to an existing unit rather than creating a new one. Rush University Medical Center v. NLRB, 833 F.3d 202 (D.C. Cir. 2016): Section 103.30(c) of the Health Care Rule applies only to petitions for additional units, not to Armour-Globe elections adding employees to an existing unit. Warner-Lambert Co., 298 NLRB 993 (1990): A self-determination election requires that the employees share a community of interest with the existing unit and form an identifiable, distinct segment constituting an appropriate voting group. United Operations, Inc., 338 NLRB 123 (2002): Sets out the community-of-interest factors, and common supervision alone does not require inclusion in one unit absent interchange, contact, or functional integration. Wheatland Electric Cooperative, Inc., 375 NLRB No. 16 (2026): Functional integration requires that positions depend on one another to accomplish their tasks, and minor differences between groups should not be given too much weight.
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Science Begins With Wonder and Sometimes With a Salamander.
The Bar Harbor Story is generously sponsored by the Don & Beth Straus Center at Birch Bay Village. BAR HARBOR—The children had come to see the axolotls, those odd little salamanders with pink frills around their heads and the remarkable ability to grow back what they lose. But also there were stickers. There were crafts. There was the kind of excitement that makes a roomful of kindergarteners forget, for a little while, that sitting still is ever a requirement. And then there were the animals themselves, alive in their clear cases at the MDI Biological Laboratory, where 12 children from Pemetic Elementary School got to meet the creatures they had been learning about in class. “Do you love them?” their teacher, Carol Null, asked. The answer came back in a chorus. “I do!” “I do!” “I do too,” Null said, smiling. “I love them even more now.” That was the thing about a day at the lab. Science was no longer a picture in a book, or a word on a classroom wall. It had a face, a tail, and a set of extraordinary powers. And for a child, sometimes that is where wonder begins. Sometimes learning about science is about stickers. Sometimes it’s about bright pink feathers and getting super excited about that glow in the dark. Sometimes learning about science is joy—pure and simple joy. That’s how it was October 28 at the MDI Bio Lab as Miss Hannah (known in the lab as Dr. Hannah Lust, director of STEM, undergraduate and graduate Training), other scientists, graduate students, and MDI Bio Lab staff, hosted 12 students from Carol Null’s Pemetic Elementary School’s kindergarten class. The 2.5-hour program created by Dr. Lust focused on axolotls, a species of mole salamanders, a superhero in the animal world: a superhero with some scientific-study worthy superpowers. One of those superpowers come from the axolotls’ ability to regenerate body parts, including entire limbs. But also, they’re cute. This fall, before coming to the internationally renowned lab nestled in Salsbury Cove, Null has been integrating axolotls into her class. They’ve been part of the kids’ vocabulary and their storytelling. They’ve been part of science. They’ve been part of the children’s learning about facts vs opinions. The Pemetic Elementary kindergarten students learn about invasive species and the impact on the ecology and one student related it to their dad, who lobsters, and his worries about green craps, an invasive species in Maine. “Are they bigger or smaller than you thought they’d be?” the children are asked after the scientists show them multiple see-through cases of axolotls, lined up on a table that they’re told not to jiggle. “Bigger!” “I think they’re bigger.” “Smaller!” The bio lab opening its doors to the collaborations and to students and families is a norm, but this is the first program of this kind. It’s meant to encourage kindergarten students about axolotls. But when the students come to the bio lab something else happens too—something beyond Null’s child-focused teaching—the students see science—and the regenerating creatures in real life. They do crafts. They speak with them. They meet people who know all about them: scientists and educators who talk to the kids like they’re equals. That’s a superhero power, too. Null speaks about meeting the kids where they’re at in her classroom, letting their interest and hearts lead her in their learning. That requires recognition of interests, of individuality, of empathy. Some would argue that’s a super power, too, but it’s also in those 12 students as they listen to the storybook, encounter those live axolotls, and hear about how axolotls might help advance society’s understanding of human health. As Eddie Seckeler (comparative animal models, CORE facility manager), carefully puts the axolotls on a cart and rolls them away, some of the children stop what they’re doing to watch. “Bye axolotls.” “Bye!” “Bye!” The axolotls are not just images in a book, Hello, I’m an axolotl by Hayley and John Rocco; they are real and cool. MDI Biological Laboratory scientists Dr. Prayag Murawala and Dr. James Godwin who both feature in the Roccos’ book. The kindergarteners get to meet them in real life, off the page, in the world, doing science. They learn from them, laugh with them. “The visit is about more than meeting an unusual animal. By introducing children to scientists working in their own community, the experience helps make science tangible and accessible. Students can see that science is not just something they read about in books or learn about at school. It is something real people do every day by asking questions, making observations and working to understand how the world works,” explains MDI Biological Laboratory Director of Communications Rebecca Woods. While the students make axolotl-related crafts around tables, graduate students and staff help out. Ryan holds up his construction paper setting and axolotl to show Omar Maged, a graduate student. “Do you like it?” Ryan asks, eyes wide, turning from his axolotl to look up at Omar. Omar studies the construction paper for a moment, smiles and says definitively, each word important. “It is beautiful.” Null says that she’s so thankful for all the “amazing” community partners that her school and her students get to interact with as they learn and grow and live, but emphasized how the MDI Bio Lab goes out of its way to create something meaningful, something that allows her young students to build their own agency, to know that they can be impactful in their community, to show them how how things they learn about in text is connected to themselves and their community. Woods explains, “Axolotls have an extraordinary ability to regenerate, or regrow, certain body parts, including limbs. Scientists study these animals to understand how regeneration works and what their biology might teach us about tissue repair and healing in humans.” The children enter the space for “a memorable introduction to a big scientific question,” Woods said. “How can some animals regrow body parts? The encounter encourages children to look closely, wonder about what they see and begin to understand how scientists use observations and experiments to investigate questions.” “For the students, the visit is an opportunity to explore a fascinating animal and meet scientists in their own community,” Woods explains. “For MDI Biological Laboratory, it is a chance to share the excitement of research, nurture curiosity, and help young learners discover that science begins with asking questions.“ At the beginning of the school year, Pemetic kindergarteners didn’t know what the axolotl was—at least not exactly—now they know all about the axolotl’s life cycle. “It’s different than a butterfly,” one student told Mrs. Null. It is. The change and knowledge might seem small**,** but it offers a glimpse of what happens when a subject moves beyond the pages of a book and into a child’s world. The children have been learning about butterflies at the Charlotte Rhoades Park and Butterfly Garden. At both the garden and the MDI Bio Lab, the children see the animals, meet the scientists who study them and at the lab encounter a question that researchers are still working to answer: how can some creatures regenerate body parts, and what might that teach us about healing in humans? They leave with gift bags, paper-plate salamanders, new things to wonder about and a connection between the science they learn in school and the work happening in their own community. The axolotls may be remarkable for their ability to grow back what they have lost. For these young students, the day offers something different: a chance to discover how much there is to ask, observe, and imagine. When Null’s students had time to use chalk and draw whatever they want, in the beginning of the year, they drew rainbows. Now? They’re using that chalk and choosing to draw axolotls instead. About MDI Bio Laboratory For more than 125 years, MDI Bio Lab has been a center for training and research in comparative biology. In the last two decades its biomedical research has focused on aging, regeneration, and environmental toxins. The Laboratory houses 11 research groups staffed by an international team of world-class scientists and graduate students. It also leads a statewide network of colleges, universities and research institutions that collaborate to provide training, research experiences and financial support to help young Mainers play a bigger role in today’s biomedical revolution. Located on Maine’s rugged coast, the Laboratory’s 100+ acre campus houses research facilities, cottages and dorms that house visiting scientists and students. It is also home to MDI Bioscience, a subsidiary working to design innovative techniques to speed the drug discovery process. The Bar Harbor Story is generously sponsored by Rick Osann Art. LINKS TO LEARN MORE NIH INBRE MDI BIOLOGICAL LABORATORY Pemetic Elementary School Hello, I’m an Axolotl Photos: Carrie Jones/Bar Harbor Story HELP SUPPORT THE BAR HARBOR STORY When we started The Bar Harbor Story, we didn’t know if anyone would read it. But you showed up. You shared. You sent tips. Now—over 400,000 views every month later—it’s clear: people here care about their community and each other. We’ve kept everything free because news should never be out of reach, but every one of our stories takes time to write, and your support keeps The Bar Harbor Story going. If you value our work, please consider a paid subscription, a founding membership, or a sponsorship. It truly helps us cover one more meeting, tell one more story, shine one more light. Even $5 a month makes a difference. Click here to become a one-time supporter now. Thank you so much for being here. Founding member information can be found here. Have questions about sponsorships? Just send Shaun an email at sfarrar86@gmail.com, he’d love to hear from you. Subscribe Share Bar Harbor Story Share Leave a comment
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Jenna Laine has been a familiar face on the Tampa Bay Buccaneers beat for years, so her absence from the press room did not go unnoticed. The ESPN reporter has now explained that she needs time away to deal with medical issues, though she has not said when she will return.
Browns Coach Sends Strong Message About Shedeur Sanders
The Cleveland Browns are set to get their first look at Shedeur Sanders in his second season on Sunday afternoon against the New Orleans Saints on the road. Deshaun Watson is set to miss this week’s game due to a concussion. That has given Sanders a chance to get on the field and show what […] The post Browns Coach Sends Strong Message About Shedeur Sanders appeared first on Gridiron Heroics.
Gronk’s Stunt Sends West Point Cadets WILD!
Rob Gronkowski slides into a pool to win a week of casual dress for cadets while Army unveils green camo gear honoring the 4th Infantry Division.
GTA 6 vs. Hollywood: Industry Braces for Biggest Entertainment Launch
‘Hunger Games,’ ‘Rings of Power' and Johnny Depp will need to weather the equivalent of an all-time box office champ bowing — which may send all movies and TV running for cover.
Flooding sends water into Arts District small business shops
Rain on Friday caused flooding in parts of the Arts District, and business owners worked to protect their shops from the water.
Flooding sends water into Arts District small business shops
Business owners and neighbors worked to keep shops open near Commerce and Imperial
TN Politics: Election Day nears and nude photos enter the chat
State Sen. Brent Taylor says telling the truth about sending unsolicited nude selfies to multiple people makes him honest. Otis Sanford says it should make him disqualified.
Bruins' Pavel Zacha Sends Strong Message In Win Over Penguins
Pavel Zacha scored twice against Pittsburgh, but his performance revealed something even more encouraging about the Bruins' increasingly dangerous offense.
Joe Mazzulla Sends Strong Message About Paul George
Joe Mazzulla made it clear just how important Paul George has become to the Celtics.
Flooding sends water into Arts District small business shops
Business owners and neighbors worked to keep shops open near Commerce and Imperial
Steelers Guard Mason McCormick Sends Message to Jared Verse
Pittsburgh Steelers left guard Mason McCormick was called for a personal foul on Jared Verse on an extra point after […]
Cam Schlittler wins AL Cy Young unanimously after dominant season to join elite Yankees company
Brian Cashman called him a “godsend.” Aaron Boone called him the league’s best pitcher who “might be the MVP, too.”
BVB send a host of young talents on international duty
U23Fadi Zarqelain has been called up for Germany's U18 training camp in Turkey from 9 to 18 November, where two matches are scheduled. Takato Yamamoto will represent Japan's U19s in three matches in t...
Smashing science: Pumpkins plunge 70 feet in Boston University Halloween tradition
Boston University students got a crash course in physics by sending more than 30 pumpkins plunging onto Metcalf Plaza.
Upcoming science and tech festivals offer lessons on rockets, computers, and more
Saturday's the day for science lovers across Charleston. They'll have two opportunities to learn more about the technology that powers our world and sends astronauts beyond it.
‘Praying Both Of My Friends’ – 5-Time Champion Sends Heartfelt Message About Ernie Johnson, Michael Wilson Amid NBA Broadcasters’ Health Issues
Two longtime NBA broadcasters announced in the span of a week that they are stepping back, and both pointed to their health. Ernie Johnson said Oct.
With death sentence clemency, Newsom takes another big political risk
Amid speculation about how the mass commutation could help or hurt his presidential prospects in 2028, Gov. Gavin Newsom's decision pushes the boundaries of his authority and sends a clear message to the nation about where he stands.
Nashville Predators trade Matthew Wood to Seattle Kraken for Shane Wright
The Nashville Predators made a trade on Nov. 1, sending center Matthew Wood to the Seattle Kraken for center Shane Wright.
Bears Send Breakout Starter to IR After Jeffery Simmons’ Debut
The Chicago Bears welcomed the NFL's best defensive tackle in Jeffery Simmons, then lost a regular starter the next game. The post Bears Send Breakout Starter to IR After Jeffery Simmons’ Debut appeared first on HEAVY.
Bruins’ Jeremy Swayman Sends Strong Message Against Panthers
Jeremy Swayman’s epic performances have become the expectation even prior to the Bruins‘ Sunday afternoon win over the Panthers.Swayman’s performance against Florida in Boston’s 4-1 win was yet another game to remember. He accumulated 40 saves on 41 shots, including 17 in the first period vs. a group of scorers that relentlessly attacked the net.Via […] The post Bruins’ Jeremy Swayman Sends Strong Message Against Panthers appeared first on HEAVY.
Flooding sends water into Arts District small business shops
Business owners and neighbors worked to keep shops open near Commerce and Imperial
ChatGPT is about to show brands their mention count
OpenAI is testing a dashboard that counts how often a business appears in ChatGPT’s answers and the clicks those appearances send to its site.
Giants can use Abdul Carter to test the Eagles’ new QB
Abdul Carter could give the Giants their cleanest path to disrupting Joe Milton’s first Eagles start: win quickly without sending […]
Scientists find a way to send smells online
Researchers have developed a system that can detect an odor, transmit information about it over the internet, and release a corresponding scent through a wearable device, Qazinform News Agency correspondent reports, citing a study published in Science Advances.
Blue Jays decline Myles Straw’s 2027 option
The Toronto Blue Jays declined their 2027 club option on outfielder Myles Straw on Monday, sending the veteran into free agency after two seasons with the team. The option would have paid Straw $8 million next season. Instead, he receives a $1.75 million buyout, which the Cleveland Guardians cover under the terms of the trade that brought him to […] The post Blue Jays decline Myles Straw’s 2027 option appeared first on ClutchPoints.
Apple Surveys iPhone Duo Buyers About Crease and Camera
Apple is sending email surveys to some iPhone Duo buyers to get feedback on display size, crease, under-display camera, and other features. The first question asks why the buyer chose the iPhone Duo now, with answers like "I wanted to try Apple's first foldable," "It was an impulse purchase," and "I expect smartphone prices to increase".
Singleton: Let's Create a New ERA for Business in South Jersey
TRENTON – Senator Troy Singleton (D-Burlington) released the following statement today in support of Governor Mikie Sherrill's "New Jersey Means Business" Executive Order signing:
Send your name to Saturn's largest moon
NASA's mission to search for life’s building blocks on Titan is scheduled for 2028.
Flooding sends water into Arts District small business shops
Business owners and neighbors worked to keep shops open near Commerce and Imperial
Madueke admits he was nervous during Liverpool VAR review
Arsenal’s Noni Madueke has admitted he was worried about VAR intervening to send him off during Sunday’s game against Liverpool, despite not feeling he’d done anything wrong.Photo by Michael Ste...
With death sentence clemency, Newsom takes another big political risk
Amid speculation about how the mass commutation could help or hurt his presidential prospects in 2028, Gov. Gavin Newsom's decision pushes the boundaries of his authority and sends a clear message to ...
5 things to do this week in Greenville
See our curated list of upcoming and ongoing arts, culture and entertainment events in the Greenville area. Send us your events at greenville@postandcourier.com.
DataFi Donation Ceremony at the Ministry of Health-Remarks by ADCM Steve Bremner
DataFi Donation Ceremony at the Ministry of Health Remarks by Acting Deputy Chief of Mission a.i. Steve Bremner (…) I’m pleased to join the Ministry of Public Health and our implementer, Palladium, today to hand over IT equipment including 80 laptops, 300 tablets, and Monitoring and Evaluation reporting tools for CSBII. Good health decisions start with good data. When a health worker in a remote commune notices unusual fever cases, that information must reach district and national teams fast. Every hour counts. Fast, reliable data helps the Ministry detect an outbreak early, send teams where they’re needed, and stop a disease before it spreads. These laptops and tablets will help do exactly that. They’ll strengthen Madagascar’s health information system and disease surveillance so health workers can collect, report, and use data faster and more accurately. This support reflects the America First Global Health Strategy. Under this strategy, the United States works directly with partner governments based on country ownership, shared investment, and accountability for results. Together, we’re strengthening Madagascar’s ability to detect and respond to outbreaks quickly though the MOU signed in December 2025. This work protects Malagasy families and the American people. Today also marks a transition. The Data.FI project is ending, but the work will continue. Palladium will continue to carry these same activities forward through a new project, AFGHS Palladium, under the State Department’s Bureau of Global Health Security and Diplomacy. The new project will put an even stronger focus on results. Mister SG, your ministry’s close collaboration with Data.FI made today possible. I hope you will bring the same commitment to this new project. Together, we can deliver even greater results and speed up the transfer of skills to Ministry teams. Our shared goal is to build the ministry’s capacity to lead, manage, and sustain these systems on its own. That is Madagascar’s path to self-reliance. Equipment alone doesn’t stop an outbreak. People do. To the health workers and data managers who will use these tools: thank you for your dedication. To the Ministry: we count on you to put these devices to work quickly, keep them in good condition, and protect the data they hold. That’s how this investment will deliver results for years to come. The United States stands with the Government of Madagascar. We commend the Ministry of Public Health for its leadership. We look forward to continuing our collaboration through AFGHS Palladium and beyond. Thank you. Misaotra betsaka.
Chiefs Trade Worthy For Jaguars’ Thomas In Bold Swap
A proposed trade sends Xavier Worthy to Jacksonville for Brian Thomas Jr. Heavy.com breaks down the numbers and the logic behind the move.
Broncos trade for Chargers LB Daiyan Henley
According to ESPN’s lead league insider, the Denver Broncos have traded for Chargers linebacker Daiyan Henley. The Broncos will be sending a 2027 4th round pick and a 2028 5th round pick to the Chargers for Henley. More on this breaking news soon.
New Android SMS of Death exploit can remotely crash unpatched phones
A security researcher has released a proof-of-concept exploit for a recently patched Android vulnerability, dubbed "SMS of Death" and tracked as CVE-2026-58882, that lets attackers remotely disrupt cellular service or crash phones by sending a specially crafted text message.
‘Princess Diana’: Is Diana DiZoglio becoming Beacon Hill’s new royalty?
After her enormously successful reelection bid that saw nearly 84% of voters send her back to the Auditor’s Office, Diana DiZoglio is quickly becoming the most popular politician in Massachusetts.