I agree with the majority's statement that the Public Employment Labor Relations Act does not expressly prohibit a confidential supervisory employee from being included in the same bargaining unit with nonconfidential supervisory employees. But I think that is where the analysis begins, not where it ends. A confidential employee is defined by statute as an employee who has access to information used by the public employer in negotiating or actively participates in negotiations on behalf of the employer. Supervisory employees include all employees who exercise supervisory functions such as hiring and discharge. The fact that the act recognizes the distinction between supervisory and confidential employees for purposes of forming bargaining units demonstrates a legislative intent of separation.
Explicit prohibitions are only part of the determination.
I believe that determination should be affirmed.