Retail Clerks International Ass'n v. N.L.R.B

In Retail Clerks International Assn. v. NLRB, supra, MR. CHIEF JUSTICE (then Circuit Judge) BURGER explained the Board's policy on "managerial employees": "The Board also excludes from the protections of the Act, as managerial employees, 'those who formulate, determine, and effectuate an employer's policies,' AFL-CIO, [120 N.L.R.B. 969, 973 (1958)], and those who have discretion in the performance of their jobs, but not if the discretion must conform to an employer's established policy, Eastern Camera and Photo Corp., 140 N.L.R.B. 569, 571 (1963) (store managers who could set prices are not managerial).