NLRB Ruling page 3

Consolidating Cases and Notice of Hearing. Subsequently, a hearing took place and testimony was received in connection with these petitions.

Historically. the Union has represented the employees employed in the following classifications: all paid and unpaid, full-time or part-time programming, technical, bookkeeping and clerical workers. The most recent collective-bargaining agreement had been extended until April 30, 1996.

In Case No. 2-UC-496, the Employer's position is that the classification of Business Director should be excluded from the bargaining unit because it is a confidential and managerial position.⁽³⁾ With regard to Case No. 2-UC-517, the Employer's position is that the unpaid staff classification should be excluded from the unit since that classification fails to meet the Board's and statutory definition of "employee".³The Union contends that the Business Director position is not confidential or managerial and should therefore remain within the bargaining unit. It further maintains that the unpaid staff are "employees" within the meaning of the Act, and thus, they are properly included in the bargaining unit.

BUSINESS DIRECTOR

The Employer seeks to exclude the Business Director because she is a managerial and/or confidential employee. Sybil Wong has been employed in this position since 1994. She is the only employee employed in this continued on next page

_________________________________

3. ----- The petition originally claimed that the following classifications should be excluded from the unit: Development Director, Business Director, Crafts fair Director, Business manager and Bookkeeper. At the hearing the Employer amended its position and claimed that it was seeking clarification only with regard to one position, Business Director. The Employer further claimed that the Business Director performs the work of the Business Manager and Bookkeeper.

Back to previous page -----Back to the Contract negotiations page -----Next page