1191, 1195 (1994) citing B.F. Goodrich Co. 115 NLRB 722 (1956); PMI
Communications, 308 NLRB 918 (1992), NLRB v. Hendricks County Electric Corp., 454
U.S. 170 (1981). Rather, Wong appears to be responsible for compiling and retrieving
payroll information and for performing clerical personnel matters. Accordingly, I find
that the Business Director is not a confidential employee.
Similarly, I find the Employer's claim that the Business Director is a managerial
position witoout merit. The above-evidence fails to show that Wong was in a position to
formulate and effectuate management policies by expressing and making operative the
decisions of the Employer . Her duties described above establish that the primary
function of this position deals with record keeping. Ms. Wong assists in preparing
payroll records, in preparing financial reports and handles other records. There is no
evidence that Ms. Wong possess or exercises the authority to formulate, determine or
effectuate employer policies with respect to employee relations matters. NLRB v.
Yeshiva University 444 U.S. 672 (1980). Accordingly, I find that the Business Director
position is not a managerial position and should remain in the unit.
UNPAID STAFF
The Employer contends that the unpaid staff are not employees within the
meaning of Section 2(3) of the Act since they perform services without receiving
compensation. The Employer, contrary to the Union, arges that the statutory definition
of an employee requires one to work for wages or a salary.
continued on next page
6
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