Bell Aerospace and the Status of Managerial Employees under the NLRA

In BELL AEROSPACE the United States Supreme Court held that managerial employees are excluded from the protections of the National Labor Relations Act.The Court rejected the Board's determination that only those managerial employees whose participation in a labor organization would create a conflict of interest were to be denied bargaining rights under the Act.This Note analyzes the Court's decision and argues that it is based on a strained construction of the Act and a misconception of the consequences that would attend unionization of managerial employees.It also discusses the potential impact of the decision and proposes amendments to the Act which would codify the Board's conflict-of-interest standard for managerial employees.