Can confidential employees be part of a union?

The correct answer is that confidential employees cannot be part of a union. This is based on the nature of their roles, which typically involve access to confidential information that could affect labor relations and negotiations. Since these employees often have a direct role in shaping policy and employment conditions, their participation in collective bargaining could create conflicts of interest.

Confidential employees typically include those who assist management in dealing with labor relations or who handle sensitive information related to employment matters. This restriction helps maintain the integrity of the negotiations between the employer and the union and ensures that there are no undue advantages or complications arising from mixed interests within the bargaining process.

While the other options suggest various circumstances under which confidential employees might join a union, those circumstances do not align with the established legal framework governing employee rights and labor relations in New Jersey and most other jurisdictions.