The Board has long held that the party asserting confidential status has the
burden of providing evidence to support its assertion. Inter-Mountain Electric Assn.
277 NLRB 1 (1985). As the Employer offered no evidence about the duties of the
Business Director regarding the formulation, determination and effectuation of labor
relations policy, I find that the Employer has failed to meet its burden of providing
evidence to support its assertion that the Business Director is a confidential employee.
While Wong may have access to payroll information, there is no evidence that she
assists in a confidential capacity with respect to labor relations. S.S. Joachim & Anne
Residence. 314 NLRB continued on next page
4. ----- Although the Business Director job description slates that the person in that position would be responsible for preparing cash and budget projections and cash flow analysis, the evidence fails to show that Wong in fact ever performed those duties. Therefore, in reaching a determination about this position, I am relying on the actual duties performed by the employee. See Scolari's Warehouse Markets, 319 NLRB 153 at 157 (1995) where the
Board held that it was incumbent upon the Board to consider the actual work performed by the
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