ordination use the work of a large engineering and technical people step gaging conducting field investigations inspections and monitoring activities have special education also provide i gave you the stipulation this case sound also is unique not unique before this court in the in the sense th met and then you get to the last issue which is a partnership at the time and what's been happening is that in this case there was testimony there for a majority of their time provide i'm not kidding i mean this is like you know it's a catch twenty two if it's one of several ones living independent judgment number of others that have been used to include people in party but the test terms of all these functions should not be rigidly applied but in keeping with the purpose of the supervisor spoke to avoid the conflict of interest that arises when supervisors who must apply the employer's policies to the subordinates are subject to the control by the same union  in managing to prove department created a possibility of conflicting loyalties and what the supreme court held was of a guiding these ranking officers that were issued the responsibility for directing the officers and for managing the operation of the partner clearly alliance the ranking officers more closely with the chief and with the patrol officer the authority to direct su number of times such authority was exercised its improper and we have that there's never been a full recognition of compliance with that i reacted from the supreme court  vote they demand that you supply documentary evidence each and every the employee had the authority to quote i sign and monitor work evaluate employees and approve time off for his subordinates similarly and that's it two zero two zero one of the court is as the court has recognized repeatedly its session is to see if there's any evidence that supports the decision of the board in this case the boys really didn't need to go further than to find that there was no evidence in the record that established that these employees exercised independent judgment in their function or as cou most enjoy their time monitoring the work of the other people on their team engaging in direct engineering functions when it was a level of sophistication beyond what the other members  was no evidence indicating there was anything any use of independent judgment was no samples no criteria and what about the grant of over time the grant of over time as they were found first of all was the have to come back and see if they're proved to stay overnight with machines working the next day so it doesn't you know the wit or whoever it is exercise independent judgment decided whether or not that well that would be interesting if such an example was given but it was always said it was when it's obvious that they need overtime i just they tell me they're going to be here and i prove it but we have no examples of what would happen have you ever denied and there's nothing in the record oh maybe every time  been invested by the employer with making other kinds of decisions that might bring them in conflict with you so in this situation there is no evidence that these employees that anything other than to eat or statutory supervisors question always is do these employees job duties trigger this definition do they fit within this step story whatever what whatever it is i'm do they then do that with independent judgment and do they that also be a preponderance standard if not then they're not supervisory employees if so then representation for collective bargaining so every public employee is assumed to be eligible for inclusion in a collective bargaining unit when an employer electives that an employee or group of employees should be accepted under one of these really very specific exclusions said that i can sleep very good in the act i mean the definition for supervisor is it's it's pretty specific i mean you know there's things there's tests that must be backed so you know that's because then you have a statutory supervisor you may have somebody who writes an office or a division based on this person is really good at what they do this this engineer has a lot of experience we're going to put him in this position everybody can rely on his his his experience or skill his knowledge is expertise to bring our project to fruition yet he may not be they could do that on their own evaluation is not one of discrete the eleven criteria that are set forth in the act it's a component of direct so if the employee is doing  the independent judgment and the preponderance of the time it's in the two things you really want to focus on sure what are you them deportable you know what are these employees doing and when they do it for instance i'm refusing reports well how my refusing reports of my showing independent judgment or i mean is there evidence of that yet again the employer has to bring that things or are these reports being review for the facts are accurate you're code on requires for when you're doing this kind of work here's here's what happens here's what we found so i mean it's very regulated  whether or not i mean that there may seem i mean it's place supervisor you have this person who knows the job and so they're going to get spear skill knowledge and expertise and bring it but again we don't hear yet gets we don't have the evidence the board has to work with the evidence that it has so i mean any particular any particular circumstance i mean something might rise to a level but then again saying it would be a reasonable inference to say they act ok this showed supervisory authority but you know it's the board's but the idea then that it's also reasonable inference to say that this doesn't show a supervisor different responses to to that campaign drawn from something the you know it's not that's not clearly erroneous that when the portside take that reasonable inference so so if there's not the independent judgment and you're not then the reason the inference is that you're you know this is not supervised it's way supervisory i mean it looks like a supervisor but we're talking about yet you know