Duquesne Law Review


The United States Supreme Court has ruled that the "labor nexus" standard for determining the exclusion of "confidential employees" from the rights conferred by the National Labor Relations Act has a "reasonable basis in law." This article discusses the implications of the Court's decision with respect to the coverage and the availability of those rights conferred by section 7 of the Act and the public policy behind exclusions from the Act's coverage. Particular attention is devoted to a comparison between the purposes of the "confidential employee" and "managerial employee" exclusions from the Act's coverage in terms of employees' responsibilities, status, authority and duties of loyalty with respect to their employers.

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