United States Postal Service

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.]