- 32 -
 Id.,  256 NLRB at 1073.  In Gustave Fisher, Inc,, the Board, in finding sufficient community of

interest among the Employer's employees, also took "into account the fact that all the employees 

share a common work situs, and that the Employer's method of operation promotes

interchangeability and contact among its employees." Id. In the instant case, the Hearing

Officer should make a similar finding and deny the Employer's request to clarify some

ninety (90) percent of the employees out of existing bargaining unit.


         At the hearing, the parties agreed that the business manager/bookkeeper position is the 

only position at issue and that this is one position. (T., p. 17 LL. 8-17) The Employer contends 

that the business manager is a confidential employee and should be excluded from the unit.  

Alternatively, the Employer argues that the business manager is a managerial employee and

thereby excluded from the unit by statute.  The no evidence whatsoever in the record to

support either of these arguments.

         A     The Business Manager is not a confidential employee

         Confidential employees are defined as employees "who assist and act in a confidential 

capacity to persons who formulate, determinate, and effectuate management polices in the field

of labor."  N.L.R.B. v. Hendricks County Rural Electric Corp., 454 U.S. 170, 189 (1981).  The

Board applies a two part test to determine whether an employee is a "confidential employee"

and thereby excluded by Board policy from the unit: whether the manager determines and

carries out


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