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moreover, an active member of the union negotiating committee (Tr. 139), she is unable to

utilize her to the extent that her job entails. (Tr. 58).

         It may be argued that her present duties determine her unit placement.  This, however, 

places the Employer in a Catch-22 situation.  Her duties are defined in the job description.

They clearly make the Business Director a managerial and confidential employee.  See

e.g., Prudential Insurance Co, v. NLRB, 126 LRRM 3038 (4th Cir. 1987).  The description is

real, was in existence prior to Ms. Wong taking the job and in fact was used by the Committee

and Ms. Wong in the job application process.  Her inclusion in the unit prevents the General

Manager from the benefit of Ms. Wong's full range of her job responsibilities because of her

divided loyalty.

         Moreover, this is not a unit that is heavy with excluded people.  The Board should take 

note that the entire organization is run with only three exclusions, the General Manager, the 

Program Director and Development Director.  It has not requested the exclusion of other

department heads who could well be classified as supervisors.

         The Employer is entitled to the sole fiscal officer of the employee being excluded so 

that it may enjoy the exercise of the full range of her responsibilities in fiscal planning,

formulating policies and in the conduct of collective bargaining.

         It should not have to face its financial officer on the other side of the table.

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