Finding significant the fact that a nurse "cannot cause a nurse's aide to be fired by giving her a poor evaluation or cause her to be promoted by giving her a superlative evaluation"
In Central Freight Lines v. NLRB, 653 F.2d 1023 (5th Cir. Unit A 1981), the court considered the admissibility of a similar affidavit in a Board proceeding, and concluded that the requirements of Rule 804(b)(5) had not been satisfied.
In NLRB v. Orr Iron, Inc., 508 F.2d 1305 (7th Cir. 1975), the court held that despite the fact that a night foreman disciplined two employees, he was not a supervisor.