fact that a payroll employee has access to personnel records and to raw financial data which

might eventually be used by the Employer in a more composite form to determine the nature

of its economic package offerings in labor negotiations is insufficient to constitute (him or]

her as a confidential employee." Brodart, Inc., 257 NLRB 380, fn. 10 (1981) (citations and

internal quotation marks ornitted).  Under this standard, the business manager in the instant

case is not a confidential employee.

         In RCA Communications, Inc.. 154 NLRB 34, 3 7 (1965), the Board held that a payroll

clerk was not a confidenfial employee.  The payroll clerk prepared payrolls for management

and nonmanagement employees, maintained the sick leave, absentee, lateness and vacation records,

and informed the manager when an employee was late or absent in excess of the standards set by

the Employer.  Similarly, the Board found that a personnel and welfare clerk was not

confidential because he had access only to personnel or statistical upon which the Employer's

labor policy was based.  American Radiator & Standard Sanitary Corporation, 119 NLRB 1715,

1720-1721 (1958).  The clerk handled insurance and other welfare programs of the Employer and

prepared personnel Statistical reports, some of which were for use by the Employer during labor

negotiations.  Id., 119 NLRB at 1720.  On occasion, the clerk typed reports of negotiations and

the formal contract after agreement had been reached.  Id. 119 NLRB at 1720.  The Board

concluded that the statistical data prepared by the clerk in no way allowed him to determine

what the Employer's labor policy proposals might be.  Id.,119 NLRB at 1721.  Under any of

these cases, the business director could not be considered a confidential employee.



                                           35

Previous Page ---------- Next Page