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Rhode Island Hospital, 313 NLRB at 350. Nor does she have the authority to resolve complaints
or grievances. Id., 313 NLRB at 350. Nor does mere fact that the business manager has on a few
occasions supervised her nephew, unpaid or paid staff and volunteers, when they were assisting
her in entering credit card data, make her a supervisor. Therefore, the Hearing Officer should
find that the Business Manager is neither a confidenfial employee or a managerial employee
under the Act and deny the Employer's petition to clarify this position out of the existing
The Union respectfully requests that the Union's Motion to Dismiss Petitions and Motion
Requesting Regional Director to Rule on Blocking Nature of Pending Unfair Labor Practice Charges
(U. Exh. 1) be granted.
In the alternative, should the above motions be denied, the Union respectfully requests
that the Employer's petition to clarify the Unit in Case 2-UC-496 by excluding the position of
business manager be denied; that the Employer-Petitioner's petition to clarify the Unit in Case
2-UC-517 by excluding what the Employer-Petitioner misleadingly refers to unpaid "volunteers,"
temporary employees, guards and supervisors and to include only all paid programming, office,
clerical, and technical employees of radio station WBAI-FM be denied. The Union also requests
that the Hearing Officer recommend that the current Unit be certified as the appropriate Unit as
All paid and unpaid, full-time and part-time, programming, technical, bookkeeping, and
clerical workers, excluding the manager, assistant manager, and program director.
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