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positions on a temporary or pemanent basis. There are no such firm descriptions of volunteer
jobs, either in function or numbers. Nor are there any procedures for hiring volunteers or
terms and conditions of their work.
The Union has offered no argument or evidence in support of its opposition to the
petition, except that the volunteers have been included in the unit since the Union was
voluntarily recognized in 1987 and that they constitute a majority of the unit. The Board has
rejected arguments based on the longstanding nature of the included positions. Washington Post
Co., 254 NLRB No. 14, 106 LRRM 1404 ("While it may be that certain of the positions sought to be
excluded by a unit clarification petition have long been included under previous contracts and
the job duties of these positions have remained unchanged, nonetheless, if it can be shown that
the persons in such positions meet the test for establishing superisory, managerial or
confidential status, we are compelled to exclude them").
In the instant matter, we are dealing with individuals who do not meet the statutory
definition of "employee." The Board's exclusion should be no less compelling.
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