United States Postal Service

National Labor Relations Board - Board Decisions

May 2, 1974

210 N.L.R.B. 477 (N.L.R.B. 1974)

UNITED STATES POSTAL SERVICE
United States Postal Service and American Postal
Workers Union, AFL-CIO, Petitioner. Case
2-RC-16198(P)
May 2, 1974
DECISION AND DIRECTION OF
ELECTION
BY CHAIRMAN MILLER AND MEMBERS
FANNING AND PENELLO
Upon a petition duly filed on June 12 , 1973, under
Section 9(c) of the National Labor Relations Act, as
amended, hearings were held on July 24-27 and
August 14-17, 1973, before Hearing Officer Mary W.
Taylor of the National Labor Relations Board.
Following the close of the hearing ,' the Regional
Director for Region 2 transferred this case to the
Board for decision . Thereafter, the Employer and the
Petitioner filed briefs with the Board.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three -member panel.
The Board has reviewed the Hearing Officer's
rulings made at the hearing and finds that they are
free from prejudicial error . They are hereby affirmed.
Upon the entire record in this proceeding, the
Board finds:
1. Congressional enactment of the Postal Reorg-
anization Act (herein called PRA) 2 in 1970 created
the U.S. Postal Service (herein called Postal Service
or Employer) to supersede the United States Post
Office Department . By virtue of section 1209 of the
PRA, the National Labor Relations Act, as amended
(herein called the Act), became applicable to employ-
1 The Metropolitan Area Bargaining Council of Postal Workers (herein
MABC) was permitted to intervene on the basis of its petition in Case
2-RC-15673(P), 208 NLRB No. 144 , which was pending before the Board
at the time of the hearings held herein.
2 P.L. 91 -375, 84 Stat. 719; 39 U .S.C. Sec . 101, et seq.
Although the Employer and the Petitioner refused to stipulate that the
Intervenor was a labor organization within the meaning of the Act, and
referred to the record in Case 2-RC-15673(P) in support of their position,
we find it unnecessary to decide this question at the present time in view of
our disposition of this petition.
4 The Employer and Petitioner stipulated , and we find, that the persons
employed in the following job classifications regularly evaluate employees,
assign work, have the authority to hire, fire, and discipline, and direct,
through superintendents or directly , the work of other employees , and are,
therefore , supervisors within the meaning of Sec . 2(11) of the Act : all section
chiefs and assistant section chiefs , all directors and assistant directors, the
disbursing officer , claims examining supervisor, general ledger supervisor,
data conversion supervisor, redemption and reconciliater supervisor, issue
reconciliation section supervisor , inquiry section supervisor , improper
payment section supervisor , general accounting section supervisor , voucher
examining supervisor, administrative officer (PDC), data preparation
assistant , senior analyst and the computer programmer in the production
scheduling branch, senior analyst in the advanced system and development
branch , senior accountant (PDC), and in the St . Louis PDC the accounting
specialist (vehicle hire), the accounting specialist (transportation), and the
accounting specialist in the distnbutmg office of the director' office.
477
ee-management relations in the Postal Service on
July 1, 1971. As the petition herein was filed
following the effective date of the PRA, we find the
Postal Service to be an employer whose operations
are subject to the provisions of the Act.
2. The parties stipulated, and we find, that
Petitioner, American Postal Workers Union,
AFL-CIO (herein APWU), is a labor organization
within the meaning of Section 2(5) of the Act.3
3. A question affecting commerce exists concern-
ing the representation of certain employees of the
Employer within the meaning of Section 9(c)(1) of
the Act.
4. The appropriate unit: Petitioner seeks a unit of
all employees employed at the Employer's six Postal
Data Centers (herein called PDC) located in Atlanta,
Georgia; Dallas, Texas; Minneapolis, Minnesota;
New York, New York; St. Louis, Missouri; and San
Mateo, California, excluding managerial and super-
visory personnel,4 professional employees, employees
engaged in personnel work in other than a purely
nonconfidential clerical capacity and security guards
as defined in the Act.
The Employer stipulated that the six PDC's
constitute an appropriate unit for collective bargain-
ing. The MABC, however, renewed its contention,
initially made in Case 2-RC-15673(P), that certain
employees in the Employer's New York postal
region, including PDC employees, constitute an
appropriate unit and that employees working in the
New York (PDC) should be excluded from any unit
found appropriate herein.5 On the basis of the
present record we find, for the reasons set forth
below, that the unit sought by Petitioner constitutes
an appropriate unit for collective bargaining.
The six Postal Data Centers are part of the
The Employer and Petitioner also stipulated that persons employed in the
following job classifications regularly assist postal management in resolving
managerial and technical problems , provide guidance to a small staff, and
are essentially quality assurance people who have more of a community of
interest with those persons who formulate, determine , and oversee
Employer policy than those in the proposed unit . Accordingly, we find that
they are managerial employees within the meaning of the Act, and we shall
exclude them from the appropriate unit: Quality control officer , computer
systems analyst senior in the office of the director of a PDC, computer
systems analyst senior, and the computer systems analyst in the office of the
director of the systems and planning division , computer systems analyst
senior, in the office of the director of processing and control division, and in
the office of the director of the New York PDC, and software specialists.
Also, in accord with the parties ' agreement , we find that employees
classified as industrial engineers work in the area of planning for future
improvements within the center and make recommendations for the
orientation of equipment and personnel . They are currently being phased
out and replaced by computer systems analysts senior . Therefore, for the
reasons cited above, we find these employees to be managerial within the
meaning of the Act and shall exclude them from the appropriate unit.
5 At the hearings held herein , MABC offered no evidence or additional
reasons for separating the New York PDC employees from other PDC
employees, apparently choosing to rely on the earlier record . In view of our
decision at 208 NLRB No. 144, and in the absence of additional evidence,
we find that the unit sought by the MABC is inappropriate for collective
bargaining.
210 NLRB No. 25
478 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Management Information Systems Department
(MIS) which is the highest administrative unit of the
Employer's support group.6 The PDC's functions
entail the collection, manipulation, and dissemina-
tion of data pertaining to payroll accounting, general
accounting, motor vehicle accounting, and claims
and disbursements processing.
The Assistant Postmaster General for MIS is John
Gentile. He and his MIS staff operate out of Postal
Services Headquarters (herein Headquarters) and are
responsible for establishing the framework for all
PDC operations. They set all policies and standards
for the six PDC's, including the development of a
master plan for the information systems. Headquar-
ters directly supervises the PDC's through regular
performance evaluations, and has final authority in
matters of development, allocation and use of
equipment, personnel, programs, and computer
operations. These specific functions are the operating
responsibility of the office of ADP,7 one of the four
administrative divisions of MIS. Headquarters also
establishes the budget for the Postal Data Centers,
monitors administration of the budget, and author-
izes the transfer of funds between PDC's.
Operationally, the six PDC's are fully integrated
into a national data processing system. Computer
programs are developed at MIS Headquarters and
are uniform for all PDC's. Although the processing
of certain specific types of data may be limited to a
single PDC for operational efficiency, the function-
ing of the six PDC's is clearly unified and integrated.
All personnel policy matters for the PDC's are
uniformly established and administered by Head-
quarters. The record shows that personnel matters of
the PDC's such as hiring approvals, promotions, pay
raises , and grade increases are processed through
Headquarters; and that all employees in the PDC's
enjoy the same pay schedule, holidays, sick leave,
vacation, and other fringe benefits. Similarly, em-
ployee job classifications are identical throughout the
PDC's. Employees at each PDC have essentially the
same working conditions and terms of employment
as employees at other PDC's. While there is regular
interchange of employees among the PDC's, PDC
employees have virtually no contact with Postal
Service clerks or mail delivery employees.
Since we have found that all the Employer's PDC
employees enjoy similar working conditions, terms of
employment, fringe benefits, and overall supervision,
we conclude that they have a sufficient community
of interest to constitute an appropriate unit. As both
6 While the support group , headed by the senior assistant postmaster
general for support , is generally responsible for Postal Service administra-
tion , finance, and general supportive services, the entire data processing
function is administratively allocated to the MIS . Administratively, MIS is
divided into the Office of Information Requirement , Office of Statistical
Standards , Office of Automatic Data Processing (ADP), and the Office of
the Petitioner and the Employer agree on the scope
of the unit, and since we have found that the six
PDC's are a highly integrated data processing
operation whose employees share a community of
interest, we find that the petitioned-for unit is an
appropriate one for the purposes of collective
bargaining.
Other issues remain concerning the composition of
the unit we have found appropriate. They are as
follows:
1. Processing and control division, accounting
employees
The Employer would exclude all of the disputed
accounting employees from the unit as professional
and/or technical employees. In this regard the Postal
Service argues that these employees work in the
professional field of accounting, specialize in com-
plex PDC accounting procedures, and undergo
several years of training experience. Petitioner would
include all of these disputed employees in the unit,
contending that they are not required to possess a
college degree, that they perform only routine
accounting tasks, and that they have frequent
contact with other unit employees.
The accountant is the highest rated of the disputed
accounting jobs. There are 10 employees in this job
classification scattered throughout the six Postal
Data Centers. The Employer's job descriptions for
this classification requires only "associate level"
understanding of accounting, which is normally the
equivalent of a 2-year college degree, and some
experience in postal accounting. The accountant's
duties include the evaluation, review, and reconcilia-
tion of general ledger accounts, and the adjustment
and scheduling of billing claims for computer time.
They also assure the accuracy in the listing of bond
balancing, and assist in the preparation of the budget
for the PDC's. The accountant's job description does
not include any responsibility for personnel and the
record shows that the work is routine and generally
standardized. As to the amount of discretion the
accountant exercises, Mr. William Torpy, acting
director of the office of ADP services, Management
Information Systems, testified that the accountant
performs his tasks according to the postal manual
and other policy documents established by Head-
quarters and is directed by a supervisor.
As the parties agreed at the hearing, we find that
the remaining disputed accounting job classifications
Planning and Evaluation.
7 In this regard , the directors of each PDC report directly to the office of
ADP in Washington, rather than to the regional Postmaster General in the
regions in which the respective Postal Data Centers happen to be located.
8 U.S Postal Service standard position description herein called "job
description. "
UNITED STATES POSTAL SERVICE 479
are progressively less demanding in terms of level of
education , necessary experience, degree of difficulty,
degree of independent judgment, and discretion
utilized.
The Employer's job description for the junior
accountant position also requires an "associate level"
understanding of accounting and moderate expen-
ence in postal accounting. There are 12 PDC
employees currently in this classification. They do
not direct other employees in their work and they do
not have any authority to effect the conditions of
employment of other unit employees. While the
junior accountants' work is similar to that of
accountants, they do not have as high a level of
proficiency, nor is their work as complex as that of
the more senior employees.
The accounting specialist is the first job classifica-
tion above the level which the Employer concedes is
properly included in the unit. Only a "vocational
level" (high school) understanding of accounting,
along with moderate experience, is required for entry
to this position. There are 72 accounting specialists
who work in the various branches of the Processing
and Control Division. The accounting specialists
audit and review accounts, routinely distribute work,
and work very closely with accounting clerks, whose
output they routinely check. The parties have
stipulated that accounting clerks are properly includ-
ed in the appropriate unit.
The accounting technician job classification current-
ly has five employees who work in the transportation
and money order branch of the St. Louis Postal Data
Center. Accounting technicians are required to have
a high school level of accounting knowledge. They
work with and give routine guidance to accounting
clerks.
The accounting assistant job classification has 20
employees. They work in the retirement, transporta-
tion, and vehicle hire sections of the Processing and
Control Division. The accounting assistant is re-
quired to possess a "vocational level" understanding
of bookkeeping or accounting. The accounting
assistant in vehicle hire and transportation examines,
audits, and pays the claims of contractors and
vendors. The retirement accounts assistant works
closely with two or three clerks in the verification of
payroll changes and in the processing of retirement
actions and applications. Accounting assistants may
make routine recommendations with regard to the
processing of personnel actions but spend less than 5
percent of their time in that function.
In summary, we find that the disputed accounting
job classifications require no advanced knowledge or
specialized training in an institute of higher learning.
None of the job classifications require a college
degree and a number of them require only a high
school education. Although the accounting employ-
ees are separately supervised and occupy working
locations separate from that of other employees in
the Postal Data Centers, they do have frequent
contact and interchange with other PDC employees.
Furthermore , accountants do not exercise independ-
ent judgment or discretion but perform their tasks in
accordance with the postal manual and Postal
Service regulations. Accordingly, we find that em-
ployees in the contested accounting job classifica-
tions are not professional or technical employees
within the meaning of the Act and we shall include
them in the appropriate unit . See Loral Electronics
Systems, a division of Loral Corporation, 200 NLRB
No. 153; Western Gear Corporation, 160 NLRB 272;
Union Electric Power Company, 83 NLRB 872.
2. Systems and planning division, computer
employees
The Employer seeks to exclude from the unit all of
the disputed computer employees described below,
on grounds that they are either professional or
technical employees lacking a community of interest
with the clerical employees in the unit. In support of
this contention the Postal Service argues that the
systems and planning division's work is predomi-
nantly intellectual and varied in character; that a
college level understanding of the computer field is
required; that the employees are physically separated
from other unit employees; and that the trouble-
shooting function requires the exercise of judgment
and discretion . Petitioner would include all of these
employees in the unit and argues that none of them
are required to possess a college degree; their work is
limited to detail work on systems developed at
Headquarters; employees regularly progress from
unit positions to the disputed positions; and these
employees share a community of interests with the
other data processing employees.
There are approximately 64 employees in the
disputed job classifications of computer systems
analyst, computer systems analyst junior, computer
programmer, computer programmer junior, comput-
er programmer trainee, and computer operations
scheduler. While these employees may work in
separate areas of a PDC, their tasks are integrally
related to the PDC data processing operation. They
also enjoy regular interchange with other unit
employees. No other union currently seeks to
represent the disputed computer employees.
The computer systems analyst, requiring a college
level of understanding of computer science and
extensive experience in systems development design
and analysis, is the highest rated of the disputed
analyst job classifications . The 21 computer systems
480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
analysts work in small groups which lay out flow
charts , prepare documentation for research purposes,
assist in testing programs , modify the predesigned
systems, and perform some systems analysis. Each
group is headed by a section chief under whom
works the senior analyst, and the computer analyst
supervisor who directs the work of the computer
systems analyst . While certain work assignments
involve long-term projects , the computer systems
analyst spends most of his time working on specific
troubleshooting problems under the supervision of a
senior analyst.
The computer systems analyst junior job classifica-
tion , in which there are currently 12 employees, has
no formal educational requirement , but the Employ-
er's job description states that a college level
understanding of business administration or comput-
er science and moderate experience in computer
system analysis activity is required . The computer
systems analyst juniors are supervised by a computer
systems analyst supervisor and work with and under
the direction of a systems analyst senior. They
participate in the troubleshooting assignments, assist
in the testing programs , and generally perform the
same work as the computer systems analyst, but
work at a less complex level than the other analysts.
The computer programmer position has an educa-
tional requirement of a college level understanding of
business and accounting with moderate experience in
computer programming. There are 26 employees in
this job classification . They are directed in their work
by a senior programmer , who also has the responsi-
bility for the satisfactory performance of the group.
An employee must have 5 years ' experience in
computer programming before he will be considered
for a computer programmer senior position . Comput-
er programmers write specific instructions to the
computers in those cases where modifications to the
predesigned system are necessary and are involved in
some flow charting . They may also test and imple-
ment moderately complex computer programs.
The junior computer programmers are required to
possess only an "associate level" understanding of
business and accounting with moderate experience in
computer programming, Currently, there are three
employees in this job classification . They handle
relatively simple computer programs or portions of
more complex systems and after 10 months ' experi-
ence will normally progress to a computer program-
mer classification.
The computer programmer trainnee is the beginner
in the field . Currently there are three employees in
this job classification , whose educational require-
ment is merely a "vocational level" understanding of
business accounting. Most of their time is devoted to
assisting the computer programmer . These jobs are
essentially routine in nature.
The computer operations scheduler position requires
a "vocational level" understanding of data process-
ing and programming principles with moderate
experience in computer operations . The two employ-
ees currently in this job classification work in the
production scheduling branch and are responsible
for the scheduling of computer time . They also
provide technical guidance to tape librarians and
computer operators.
In summary , we find that the major systems
development work is done at Headquarters in
Washington, D.C. The work of the various analysts
at the Postal Data Centers is limited to detail work
involving the application of these major systems in
the particular center and to the development of
information systems within the center based on
reworking information already on file . The disputed
computer employees do not exercise any substantial
degree of independent judgment or discretion but,
instead, work primarily under the supervision of
others on implementing programs which have al-
ready been developed at Headquarters . The different
positions do not require a college degree , nor do they
require any specialized education at an institute of
higher learning . Accordingly, we find that the
computer analysts , programmers , and schedulers are
not professionals within the meaning of the Act.
As to the Employer's alternate contention that the
disputed computer employees are technical employ-
ees who lack a sufficient community of interest with
other unit employees , we find that the work of the
analysts is not of a technical nature , but rather is
routine and standardized requiring no specialized
education or training. The disputed employees
invariably work under the direct supervision of
others . Their assignments are performed in accord-
ance with postal manuals. In addition, the present
record fails to show that they exercise independent
judgment or any substantial degree of discretion.
The designation "technical employee " is applied to
employees who do not meet the requirements of
professional employees as defined in the Act, but
whose job is of a technical nature involving the use of
independent judgment and requiring the exercise of
specialized training usually acquired in colleges or
technical schools or through special courses.9 On the
basis of the present record , we find that evidence is
lacking to establish that the disputed classifications
in the systems and planning division possess the
requisite training or duties to qualify them to meet
the foregoing test . Accordingly , they do not have the
9 Western Gear Corporation, 160 NLRB 272.
UNITED STATES POSTAL SERVICE 481
highly specialized training or the degree of independ-
ence to constitute technical employees.
But even if we were to find tl}e employees in the
disputed classifications in the systems and planning
division to be technical employees, we would still
include them in the unit since we find them to have a
sufficient community of interest with other unit
employees.10 Our conclusion in this regard is based
on the facts that there is no relevant bargaining
history between the two parties; there is a substantial
degree of similarity of skills and job functions
between these employees in the disputed categories
and those just under them in their division in the
unit ; and, while there is immediate supervision of the
disputed computer employees by supervisors related
to their respective classifications, the levels of
supervision above them are common to all employees
in each Postal Data Center." Furthermore, there is a
considerable amount of interchange between the
employees in the disputed job categories and the
other unit employees in the systems and planning
division; they are all doing virtually the same work;
and the Employer has set up promotion ladders,
which are regularly utilized, that are designed to
facilitate upward mobility. Working conditions,
salary grades, and benefits are identical for all
employees. Finally, we note that no union seeks to
represent the computer employees separately.
In view of the foregoing facts and on the record as
a whole, we find that the employees in the disputed
job categories in systems and planning share a
community of interest with employees concededly
within the unit to require their inclusion in the unit.
Since we have found that the computer employees
have the same working conditions and promotion
opportunities as all other employees in the proposed
unit, move freely about from assignments in their
respective jobs from one division to another and
come in daily contact with other unit employees in
order to accomplish the systems and planning work,
have a substantial community of interest with fellow
employe°s in the other divisions, have common
supervision with all other unit employees at the
Postal Data Center through the center director; and
that there is one administrative office in which
personnel administration takes place, and a highly
centralized and integrated overall national control
from Headquarters, we find that the disputed
categories of employees of the systems and planning
division are properly included in the unit fo>>nd
appropriate herein. Accordingly, we shall include all
10 Sheffield Corporation, 134 NLRB 1101; Chairman Miller would rely
solely on this ground, since he is doubtful as to the finding herein that these
employees are not technical employees.
i i As the Employer has pointed out, the span of control is narrow, that
is, an employee will deal with only two or three people. In turn , only a few
of the disputed job classifications in the division in
the appropriate unit. Colorado National Bank of
Denver, 204 NLRB No. 58, and Computer Systems,
Inc., 204 NLRB No. 34.
3. Data operations division, computer systems
operators
The Employer would exclude these positions as
supervisory. Petitioner would include them. There
are approximately 20-25 employees in the job
classification of computer systems operator lead and
computer systems operator senior. No other union
currently seeks to represent these employees.
The computer systems operator lead job classifica-
tion has an entry requirement of an "associate level"
understanding of computer operations with moder-
ate programming experience. These employees work
in round-the-clock shifts and are directed by the
chief of the branch. In each PDC, there is also a
computer systems operator supervisor for each shift
who directly evaluates the work of the two or three
computer systems operators lead. While the comput-
er systems operator lead may give technical advice to
lower level operators and coordinate the activity of a
small group of computer operators, he spends most
of his time operating the computer.
The computer systems operator senior must also have
an "associate level" understanding of computer
operations with moderate computer programming
experience. The job description gives the computer
operator senior no supervisory authority. In each
PDC there are two to three computer systems
operator seniors who work underneath the computer
systems operator lead. The primary distinction
between the two classifications is that the senior
handles less complex operations. The computer
systems operator senior operates the computer and
works closely with lower level operators who the
parties agreed should be included in the petitioned-
for unit.
On the basis of the present record, we find that the
computer systems operators do not possess authority
to hire, transfer, suspend, layoff, recall, promote,
discharge, assign , reward, or discipline other employ-
ees. All personnel and work decisions are made by
the chief of the computer systems operations division
or by the computer systems operators supervisor.
The computer systems operators lead and senior
work closely with and interchange with the other
computer operators who are in the appropriate unit.
They have no supervisory responsibilities over the
at his level report to the next level. At the top is a common division head
and, eventually, the center director with one administrative office handling
all personnel . Finally , the entire structure converges in a highly centralized
manner in Washington.
482 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
other unit employees. Accordingly, for the above
reasons, we find the computer systems operators,
lead and senior, are not supervisors within the
meaning of the Act and we shall include them in the
appropriate unit.
4. Other disputed categories: claims and
voucher examining specialist
The Employer would exclude the claims and
voucher examining specialists from the unit as
professional employees or supervisors. Petitioner
would include them. The job classification requires a
high school education, administrative and clerical
training, and on-the-job training in the claims
examining field. There are 18 such positions which
are found in many different sections and branches of
the processing and control division. Claims and
voucher examining specialists give technical guid-
ance to other employees in the processing of claims
and in reviewing requests for claims. The specialist
does not responsibly direct the work of other
employees. They have no authority to hire, fire,
discipline, or promote other employees. They do not
assign work, give time off, or evaluate the perform-
ance of other employees. Their relation to the other
clerks is essentially that of the more experienced to
the lesser experienced employee. The job description
essentially coincides with that of a lower level
accountant. As we have found above in regard to the
accounting employees, the examining specialist does
not have a specialized education from an institute of
higher learning, and their duties are essentially
routine, standardized, and clerical in nature. Accord-
ingly, we find the claims and voucher examining
specialists are not professional employees and we
shall include them in the unit.
Payroll supervisor: The Employer contends that the
payroll supervisors should be excluded from the unit
since they assign work, recommend personnel ac-
tions, are responsible for their group's work, and are,
therefore, supervisors within the meaning of the Act.
Petitioner argues that these employees only perform
routine functions and have no authority over other
employees. These employees work both in the payroll
change and payroll adjustment section of the
personnel performance branch. The job description
requires a "vocational level" understanding of basic
accounting and moderate experience in payroll
adjustments. The payroll supervisors provide guid-
ance to a group of payroll clerks engaged in the
function of processing change actions, adjusting
journals and records, and preparing documents
relating to employee payroll accounts for the
personnel performance branch. However, each pay-
roll supervisor works under the supervision and
direction of a section chief and assistant section
chief, who make all of the work assignments and who
make all of the personnel and supervisory decisions
for the unit employees.
Petitioner's witness Leta Murray testified that the
clerks in the payroll division take direction from the
assistant chief and it is the assistant chief who
evaluates, disciplines, hires, fires, and promotes
employees. The assistant chiefs also have the authori-
ty to give time off and sign timecards.
Considering that the payroll supervisor has no
authority to responsibly direct work, we find that any
indicia of supervisory authority that the payroll
supervisor may appear to exercise over other clerks
results from their having more experience and
acquired skills.
Therefore, on the basis of the foregoing and the
record as a whole, we find that the appropriate unit
for the purpose of collective bargaining is as follows:
"All employees employed at the six Postal Data
Centers including accountant employees in the
Processing & Control Division and the Money Order
Division in St. Louis, payroll supervisors, computer
systems analysts, computer programmers and com-
puter systems operators, lead and senior, but exclud-
ing managerial and supervisory personnel; profes-
sional employees; employees engaged in other than a
purely non-confidential clerical capacity, and securi-
ty guards as defined in the Act."
Accordingly, the case is remanded to the Regional
Director for Region 2 for the purpose of conducting
an election pursuant to this Decision and Direction
of Election.
[Direction of Election an3 Excelsior footnote
omitted from publication.]