Case 12.5

NLRB v. Meenan Oil Co.

139 F.3d 311 (2d Cir. 1998)

1. What is the rationale for the exclusion of confidential employees?

2. Does the confidential employee exclusion apply to all employees who have access to the employer's confidential information? What is the "labor nexus" test?

3. What are the key features of Gould's and Gabriel's job duties for the purposes of the "labor nexus" test? Would including Gabriel and Gould in the bargaining unit place the employer at a disadvantage when dealing with the union? Explain

References?