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management policies in the field of labor, and whether the employee assists or acts in a
confidential capacity.(17) PTI Communications, 308 NLRB 918 (1992).
It is undisputed that Valerie Van Isler is a manager who formulates, determines and
effectuates management policies in the field of labor relations. (T., p.28 LL. 13-25 ) However,
there is no evidence to support the Employer's contention that Sybil Wong, the current business
manager/bookkeeper acts or assists in a confidential capacity.
The business manager's major function is financial record keeping and performing
bookkeeping work for the Employer. (T., p. 56 LL. 3-4). This includes developing monthly
reports of income and expenses, and depositing checks in the bank. (T., p. 56 LL,. 5-8)
The payroll she prepares come from information provided by the operations department,
a mechanical task. (T. P. 129, LL. 9-17) Although the business manager keeps personnel files
and records up to date, her tasks are limited to recording how much sick, personal, holiday,
or vacations days have been taken and what comp time balances individual might have.
(T., p. 57 LL. 1-9) She also calculates how many vacation or sick days an employee is entitled
to but checks with the general manager if she has any questions about prorating sick and
vacation time for part time staff. (T., p. 61 L. 1 - p. 62, L. 5) The business manager does not
approve sick time; she only records it after it is approved by the general manager. (T., p. 57
LL. 10-19) The business manager does not conduct any research into various health plan
alternatives which might be used
17 The U.S. Supreme Court concluded in N.L.R.B. v. Hendricks County, 454 U.S. at
184-185, that Congress in passing the Taft-Hartley Act did not intend to exclude all
confidential employees from the protection of the Act. Taft-Hartley expressly included
under the Act's coverage "professional employees" who would likely have access to confidential
business information. The Court argued that it would be "extraordinary to read an implied
exclusion for confidential employees into the statute that would swallow up and displace
almost the entirety of the professional-employee inclusion." Id., 454 U.S. at 185.
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