Answer to Question 1
The Board's rationale is that management should not be required to handle labor relations matters through employees who are represented by the union with which the company is required to deal and who in the normal performance of their duties may obtain advance information of the company's position with regard to contract negotiations, the disposition of grievances, and other labor relations matters.
Answer to Question 2
The Board's labor-nexus test, as set forth in the Ford Motor Co. decision, is that the Board intended to limit the term confidential' so as to embrace only those employees who assist and act in a confidential capacity to persons who exercise managerial' functions in the field of labor relations.. The test is used by the Board to determine which employees with access to confidential information of the employer are entitled to the benefit of the Act. The Board excludes only those individuals who have a confidential bond or tie to the employer relating to persons who exercise managerial functions in the field of labor relations.
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