managerial employee

A managerial employee is someone who formulates, determines, and effectuates management policies by expressing and making operative decisions of its employer . Pursuant to the National Labor Relations Act (NLRA) , persons who provide managerial functions are not employees , and are therefore excluded from protection under the NLRA. Managerial employees cannot form bargaining units nor participate in units to prevent conflicts of interest in choosing between their employer and fellow workers. The National Labor Relations Board (NLRB) determines whether employees are managerial on an ad hoc basis. See: NLRB v. Bell Aerospace Co. , 416 U.S. 267 (1974) .

Managerial employees are similar to supervisors , who are expressly excluded from the NLRA, but supervisors are a narrower category of employees that have authority over employment .

[Last reviewed in July of 2023 by the Wex Definitions Team ]

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