• Factors

To be regarded as confidential, an employee must have a continuing and substantial relationship with a managerial employee that creates a legitimate expectation of confidentiality in their routine and recurring dealings. Employees who have significant access or exposure to confidential information concerning labor relations matters, management's position on personnel matters, or advance knowledge of the employer's collective bargaining proposals are excluded as confidential.

B. Examples of Evidence

The parties should indicate to whom the incumbent in the disputed position reports and to what bargaining unit, if any, the supervisor belongs. If the employee's job duties allegedly involve budgetary, grievance, negotiating, hiring, promotion, and/or disciplinary processes, the parties should specify the employee's role and the type of information or documents that the employee handles or reviews.

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