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.


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.

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