In NLRB v. Hendricks County Rural Electric Membership Corp., the Court held that there is a "reasonable basis in law for the Board's use of the 'labor nexus test." At the same time, the Court declined to address the issue of whether the limited implied exclusion is also proper. This Note will address that open question by tracing the legislative, administrative and judicial treatment of confidential employees. The mode of analysis will be chronological, commencing with the passage of the Act. The analysis will detail the development of the labor nexus standard and the limited implied exclusion and will examine the different treatment afforded confidential employees by the Board and the courts in light of Hendricks. Finally, this Note will recommend that all confidential employees, determined to be so by a uniform standard, be treated uniformly.
Note, Confidential Employees: A Recommendation for Uniformity, 31 Clev. St. L. Rev. 339 (1982)