in preparation for collective bargaining. (T., p 58 LL. 5-11) Nor are cost and budget

projections and case flow analysis performed by the business manager even those

these functions are listed the job description for the position. (T., p. 110 L. 20-23;

Ex. E-3) Any calculations are limited to fixed administrative costs such as rent. (T-, p. II 7,

15-17)

         The business manager does not sit in management meetings regarding labor relations or 

prepare any documents for use in labor relations. (T., p. 115, LL. 6-16) It is the general

manager and not the business manager who prepares grievances and disciplinary notices.

(T., p. 119, LL. 15-17) Moreover, the business manager does not manage anyone as there is

no one else in the department. (T., p. 115, LL. 17-22).  At times, the business manager will

supervise unpaid staff or volunteers, as would any other paid staff or paid directors who

are in the bargaining unit, (T., p. 116 LL. 1-12) However, the work she supervises is the

routine input of numbers into the credit card machine, simflar to what a sales clerk in a

store would do. (T., p. 116 L. 8 - p. 117, L. 8)

         The business manager does not handle any legal documents and, in fact, was reprimanded

by the general manager when she accidentally opened one such document. (T., p. 131 L. 7 -- p.

132 L. 6). Her involvement with insurance benefits is limited to accepting membership form and

sending them to the insurance company. (T., p. 56, LL. 17-25).  In sum, the business manager

performs functions solely of a clerical and bookkeeping nature.

         Merely having access to files containing confidential material including personnel 

records and records of grievances, does not establish confidential status.  Rhode Island

Hospital, 313 NLRB 343, 351 (1993).  Nor does typing of employees evaluations or maintaining

personnel files establish confidential status.  Id., 313 NLRB at 351. Moreover, the Board has

held that the "mere 


                                              34

Previous Page ---------- Next Page