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                                 THE BUSINESS DIRECTOR SHOULD BE
                                 EXCLUDED AS A MANAGERIAL AND
                                 CONFIDENTIAL EMPLOYEE

         The Business Director of WBAI is the sole financial officer of the Employer (See

Table of organization, Er. Ex. 1).   No one else at the Station has any fiscal responsibilities.

She does all the financial record keeping, reports of income, expenses and prepares financial

statements. (Tr. 57, 58).  The Business Director also maintains personnel records and

administers employee entitlements to sick days, vacations, and health benefits. (Tr. 57).  In

this, she must interpret the collective bargaining agreement. (Tr.  57).  She will supervise

volunteers who come in to help process credit cards of contributors and assist her in filing.

(Tr. 56).The Business Director job description reveals detailed responsibility for business and

fiscal matters including "working directly with the General Manager on all fiscal planning and

business activities."  She reports only to the General Manager and to the Pacifica Controller.

(Tr. 151).  The job description was used by the ARC in interviewing for the job and the present

Business Director, Ms. Wong, conceded she was furnished with a copy in her interview. (Tr. 140).

As the General Manager testified, the Business Director would be integral to assisting her in

collective bargaining, in costing out proposals, in reviewing various options for health

insurance and formulating bargaining strategy.  Yet, because the Business Manager is in the

unit and

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