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University of Baltimore Law Review

Abstract

Confidential employees are not expressly excluded from the National Labor Relations Act. Recognizing the incongruity of requiring employers to bargain collectively with confidential employees, the National Labor Relations Board has developed a test that prohibits certain employees from becoming members of units comprised of other clerical workers. However, the Board and the courts disagree over whether those confidential employees satisfying the test are excluded only from becoming members of a particular unit or from the Act in toto. This comment examines this clash of views and suggests that confidential employees should be excluded from all provisions of the Act.

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