WHO ARE MANAGERIAL OR CONFIDENTIAL EMPLOYEES?

Employees designated by the Board of Certification as managerial or confidential are excluded from collective bargaining. A managerial employee is defined by the Taylor Law as a person who formulates policy or may reasonably be required on behalf of the public employer to assist directly in the preparation for and conduct of collective negotiation or to have a major role in the administration of agreements or in personnel administration provided that such a role is not of a routine or clerical nature and requires the exercise of independent judgment. In determining whether an employee should be designated as managerial, the Board will consider: involvement in policy formulation, number of subordinate employees, area of authority, involvement with labor relations, involvement in personnel administration, preparation of budget and allocation of funds. The most important factor is the formulation of policy that furthers the mission of the agency. An employee formulates policy if he or she has the authority and responsibility to select among options and to put into effect a proposed policy or have regular and significant participation in the process that results in a policy proposal and the decision to put such a proposal in effect. An employee who participates in the policy making process in an advisory role, as a resource person, or in a clerical capacity does not formulate policy.

A confidential employee is defined as a person who assists and acts in a confidential capacity to a managerial employee involved with collective negotiations, administration of collective bargaining agreements or personnel administration. A confidential employee has access to confidential information concerning labor relations and/or personnel matters to such an extent that their inclusion in collective bargaining would lead to conflicts of interest detrimental to the bargaining process. Mere access to confidential information or the secretive or highly sensitive nature of an employee's work does not compel a confidential designation.