The employer filed an application for the revocation of the managerial or confidential status of a position for which the incumbent was identified as a “person employed in a managerial or confidential capacity” before June1, 1993 – the bargaining agent did not object to the application – over the years, legislative changes have deemed the position to have been declared a managerial or confidential position by order of the Board – the Act does not provide that an employer may apply to the Board for an order revoking an order that declared a position a managerial or confidential position, but specifies that the bargaining agent shall prove that the position is no longer a managerial or confidential position – in the circumstances of this case, the Board found that allowing the employer to file the application fostered the attainment of the objects of the Act – it further found that the application constituted an admission by the employer that the position was no longer a managerial or confidential position.

Application allowed.

Order declaring the position a managerial or confidential position revoked.