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Who has the burden of proving the supervisory status of individuals in the proposed unit?

 

Under Board case law, the party seeking to exclude any individual based on exclusions allowed under the statute or the Board’s policies, including supervisors, managerial employees, confidential employees, independent contractors and agricultural workers, has the burden of proof with respect to the exclusion.  However, depending on the number of individuals whose supervisory status is at issue, the introduction of evidence as to supervisory status might be deferred. 

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