Author Question: Did Hendricks argue before the Supreme Court that all employees who may have access to confidential ... (Read 79 times)

arivle123 · **on:** Jun 24, 2018

Did Hendricks argue before the Supreme Court that all employees who may have access to confidential business information are impliedly excluded from the definition of employee in Section 2(3)?

Question 2

Discuss the differences between the various classifications of service persons.

bitingbit · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

Yes. Hendricks argued that all employees who may have access to confidential business informationnot just those employees who assist in a confidential capacity in the field of labor relationsare impliedly excluded from the definition of employee in Section 2(3).

Answer to Question 2

The S-2 service persons worked irregular hours, wore uniforms, carried weapons, and were primarily responsible for detaining intruders apprehended in response to alarms. Thus, they were guards within the meaning of Section 9(b)(3) of the NLRA and could not be included in a nonguard bargaining unit. The other service persons lacked the above characteristics and were principally involved with installing and repairing alarms. These service persons were eligible to be included in the nonguard unit.