Midwest Stock Exchange, Inc.

National Labor Relations Board - Board Decisions

Apr 24, 1979

241 N.L.R.B. 1102 (N.L.R.B. 1979)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Midwest Stock Exchange, Incorporated, Midwest
Clearing Corporation, Midwest Securities Trust
Co., and Midwest Stock Exchange Service Corpora-
tion and Office and Professional Employees Inter-
national Union, Local 28, AFL-CIO. Case 13-CA
18121
April 24, 1979
DECISION AND ORDER
BY CHAIRMAN FANNING AND MiEMHI RS JENKINS
ANI) PENEI.I.O
Upon a charge filed on October 16, 1978, by Office
and Professional Employees International Union,
AFL-CIO, herein called the Union, and duly served
on Midwest Stock Exchange, Incorporated, Midwest
Clearing Corporation, Midwest Securities Trust Co.,
and Midwest Stock Exchange Service Corporation,
herein called Respondent, the General Counsel of the
National Labor Relations Board, by the Regional Di-
rector for Region 13, issued a complaint and notice of
hearing on November 22, 1978, against Respondent,
alleging that Respondent had engaged in and was en-
gaging in unfair labor practices affecting commerce
within the meaning of Section 8(a)(5) and (1) and
Section 2(6) and (7) of the National Labor Relations
Act, as amended. Copies of the charge, complaint,
and notice of hearing before an administrative law
judge were duly served on the parties to this proceed-
ing.
The complaint alleges in substance that on Septem-
ber 29, 1978, following a Board election in Case 13-
RC- 14526, the Union was duly certified as the exclu-
sive collective-bargaining representative of Respon-
dent's employees in the unit found appropriate;' and
that, commencing on or about November 10, 1978,
and at all times thereafter, Respondent has refused,
and continues to date to refuse, to bargain collec-
tively with the Union as the exclusive bargaining rep-
restntative, although the Union has requested and is
requesting it to do so. On December 4, 1978, Respon-
dent filed its answer to the complaint admitting, in
part, and denying, in part, the allegations in the com-
plaint.
On December 28, 1978, counsel for the General
Counsel filed directly with the Board a Motion for
Summary Judgment. Subsequently, on January 18,
I Official notice is taken o the record in the representation proceeding.
Case 13-RC 14526, as the term "record" is defined in Secs. 102.68 and
102.69ig) of the Board's Rules and Regulations, Series 8, as amended. See
LTV Electrossstremr, Inc., 166 NLRB 938 (1967), enfd. 388 F.2d 633 (4th
Cir. 1968); Golden Age Beverage (o.. 167 NLRB 151 (1967), enfd. 415 F.2d
26 (5th Cir. 1969); Intertype Co. v. Penello. 269 F.Supp. 573 (D.C.Va.. 1967):
Follerrt Corp. 164 NLRB 378 (1967), enfd. 397 F.2d 91 (7th Cir. 1968); Sec.
9(d) of the NI.RA, as amended.
1979, the Board issued an order transferring the pro-
ceeding to the Board and a Notice To Show Cause
why the General Counsel's Motion for Summary
Judgment should not be granted. Respondent there-
after filed a response to Notice To Show Cause.2
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
Upon the entire record in this proceeding, the
Board makes the following:
Ruling on the Motion for Summary Judgment
In its answer to the complaint and response to the
Notice To Show Cause, Respondent in substance
contends that the certification is invalid for the rea-
sons stated in its objections to the election and excep-
tions to the Hearing Officer's Report on Objections
and Recommendations.
A review of the record in the representation pro-
ceeding, Case 13-RC 14526, discloses that an elec-
tion directed by the Regional Director was held on
January 26, 1978, and was won by the Union. Re-
spondent filed timely objections to conduct affecting
the results of the election which, in substance, alleged
that: (I) the National Labor Relations Board agents
conducting the election wrongfully denied Respon-
dent's request to extend polling hours; (2) the Union's
election observer unlawfully engaged in electioneer-
ing at the polls; (3) the Board agents improperly su-
pervised the election; (4) agents of the Union inter-
fered with the employees' free choice by acts of
coercion and by challenging voters on frivolous
grounds; and (5) the Board unlawfully discouraged
certain employees from filing unfair labor practice
charges.
The Regional Director issued his Supplemental
Decision on March 16, 1978, overruling all of Re-
spondent's objections except the one pertaining to the
electioneering of the Union observer during the vot-
ing period and the failure of the Board agent to pre-
vent it, and ordered a hearing on this objection. Re-
spondent did not file exceptions. On May 5, 1978, the
I-learing Officer issued her Report on Objections and
Recommendations, in which she recommended that
Respondent's objection be overruled on the ground
that the conversations of the union observer with em-
ployees were merely brief, innocuous exchanges and
did not involve the appearance of electioneering, and
the observer's performance of' childcare services was
only a courtesy performed in response to a request.
2 Respondent's response, in part, requests that the Board reconsider its
decision in the underlying representation case. lo the extent that Respon-
dent's response may be considered a motion for reconsideration. it is denied
as not raising any issues not presiousl) considered by the Board.
241 NLRB No. 158
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MIDWEST STOCK EXCHANGE
Respondent filed exceptions to the Hearing Officer's
report. On September 29, 1978, the Board, in an un-
published decision, adopted the Hearing Officer's re-
port and certified the Union as the exclusive collec-
tive-bargaining representative of Respondent's
employees in the unit found appropriate.
It is well settled that in the absence of newly dis-
covered or previously unavailable evidence or special
circumstances, a respondent in a proceeding alleging
a violation of Section 8(a)(5) is not entitled to reliti-
gate issues which were or could have been litigated in
a prior representation proceeding.3
All issues raised by Respondent in this proceeding
were or could have been litigated in the prior repre-
sentation proceeding, and Respondent does not offer
to adduce at a hearing any newly discovered or previ-
ously unavailable evidence, nor does it allege that any
special circumstances exist herein that would require
the Board to reexamine the decision made in the rep-
resentation proceeding. We therefore find that Re-
spondent has not raised any issue which is properly
litigable in this unfair labor practice proceeding. Ac-
cordingly, we grant the Motion for Summary Judg-
ment.
On the basis of the entire record, the Board makes
the following:
FINDINGS OF FACT
I. THE BUSINESS OF RESPONDENT
Midwest Stock Exchange, Incorporated, Midwest
Clearing Corporation, Midwest Securities Trust Co.,
and Midwest Stock Exchange Service Corporation,
are affiliated businesses with common owners, direc-
tors, control, location, and a common labor relations
policy, and constitute a single employer and an inte-
grated business enterprise engaged in commerce
within the meaning of Section 2(6) and 2(7) of the
Act. Respondent has an office and place of business
in Chicago, Illinois, where it provides facilities and
services for individuals engaged in the business of
purchasing and selling certain securities and options.
During a representative 12-month period, Respon-
dent, in the course and conduct of its business opera-
tions, serviced securities with shares having a com-
bined value of over $500.000 which were purchased
and sold at Respondent's facility, as well as serviced
securities with shares having a combined par value of
over $50,000 which originated outside the State of
Illinois and were purchased and sold at Respondent's
Illinois facility.
We find, on the basis of the foregoing. that Respon-
dent is, and has been at all times material herein, an
ISee Pittsburgh Plate Glass Co. v. N L.R B., 313 U.S. 146, 162 (1941):
Rules and Regulations of the Board, Secs. 102.67(f) and 102 6
9(c)
employer engaged in commerce within the meaning
of Section 2(6) and (7) of the Act, and that it will
effectuate the policies of the Act to assert jurisdiction
herein.
II. THE LABOR ORGANIZATION INVOI.VED
Office and Professional Employees International
Union, Local 28. AFL-CIO, is a labor organization
within the meaning of Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
A. The Representation Proceeding
1. The unit
The following employees of Respondent constitute
a unit appropriate for collective-bargaining purposes
within the meaning of Section 9(b) of the Act:
All employees of the Employer at its facilities
currently located at 120 South LaSalle Street and
640 North LaSalle Street, Chicago, Illinois, as
specifically included in Appendix B attached
hereto, but excluding those specifically excluded
in said Appendix B, all professional employees,
guards and supervisors as defined in the Act, as
amended, constitute a unit appropriate for the
purposes of collective bargaining within the
meaning of Section 9(b) of the Act.
2. The certification
On January 26, 1978, a majority of the employees
of Respondent in said unit, in a secret-ballot election
conducted under the supervision of the Regional Di-
rector for Region 13, designated the Union as their
representative for the purpose of collective bargaining
with Respondent. The Union was certified as the col-
lective-bargaining representative of the employees in
said unit on September 29, 1978, and the Union con-
tinues to be such an exclusive representative within
the meaning of Section 9(a) of the Act.
B. The Request To Bargain and Respondent's Reisal
Commencing on or about October 5. 1978, and at
all times thereafter, the Union has requested Respon-
dent to bargain collectively with it as the exclusive
collective-bargaining representative of all the employ-
ees in the above-described unit. Commencing on or
about November 10, 1978. and continuing at all times
thereafter to date, Respondent has refused, and con-
tinues to refuse, to recognize and bargain with the
Union as the exclusive representative for collective
bargaining of all employees in said unit.
1103
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Accordingly, we find that Repondent has, since
November 10, 1978, refused to bargain collectively
with the Union as the exclusive representative of the
employees in the appropriate unit, and that, by such
refusal, Respondent has engaged in, and is engaging
in, unfair labor practices within the meaning of Sec-
tion 8(a)(5) and (1) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES
UPON COMMERCE
The activities of Respondent set forth in section III
above, occurring in connection with its operations de-
scribed in section I above, have a close, intimate, and
substantial relationship to trade, traffic, and com-
merce among the several States, and tend to lead to
labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE REMEDY
Having found that Respondent has engaged in and
is engaging in unfair labor practices within the mean-
ing of Section 8(a)(5) and (1) of the Act, we shall
order that it cease and desist therefrom, and, upon
request, bargain collectively with the Union as the
exclusive representative of all employees in the ap-
propriate unit, and, if an understanding is reached,
embody such understanding in a signed agreement.
In order to insure that the employees in the appro-
priate unit will be accorded the services of their se-
lected bargaining agent for the period provided by
law, we shall construe the initial period of certifica-
tion as beginning on the date Respondent commences
to bargain in good faith with the Union as the recog-
nized bargaining representative in the appropriate
unit. See Mar-Jac Poultry Company, Inc., 136 NLRB
785 (1962); Commerce Company d/b/a Lamar Hotel,
140 NLRB 226, 229 (1962), enfd. 328 F.2d 600 (5th
Cir. 1964), cert. denied 379 U.S. 817 (1964); Burnett
Construction Company, 149 NLRB 1419, 1421 (1964),
enfd. 350 F.2d 57 (10th Cir. 1965).
the Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
1. Midwest Stock Exchange, Incorporated, Mid-
west Clearing Corporation, Midwest Securities Trust
Co., and Midwest Stock Exchange Service Corpora-
tion, is an employer engaged in commerce within the
meaning of Section 2(6) and (7) of the Act.
2. Office and Professional Employees International
Union, Local 28, AFL-CIO, is a labor organization
within the meaning of Section 2(5) of the Act.
3. All employees of the Employer at its facilities
currently located at 120 South LaSalle Street and 640
North LaSalle Street, Chicago, Illinois, as specifically
included in Appendix B attached hereto, but exclud-
ing those specifically excluded in said Appendix B,
and all professional employees, guards and supervi-
sors as defined in the Act, as amended, constitute a
unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9(b) of the Act.
4. Since September 29, 1978, the above-named la-
bor organization has been and now is the certified
and exclusive representative of all employees in the
aforesaid appropriate unit for the purpose of collec-
tive bargaining within the meaning of Section 9(a) of
the Act.
5. By refusing on or about November 10, 1978,
and at all times thereafter, to bargain collectively
with the above-named labor organization as the ex-
clusive bargaining representative of all the employees
of Respondent in the appropriate unit, Respondent
has engaged in and is engaging in unfair labor prac-
tices within the meaning of Section 8(a)(5) of the Act.
6. By the aforesaid refusal to bargain, Respondent
has interfered with, restrained, and coerced, and is
interfering with, restraining, and coercing, employees
in the exercise of the rights guaranteed to them in
Section 7 of the Act, and thereby has engaged in and
is engaging in unfair labor practices within the mean-
ing of Section 8(a)(l) of the Act.
7. The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the mean-
ing of Section 2(6) and (7) of the Act.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Rela-
tions Board hereby orders that the Respondent, Mid-
west Stock Exchange, Incorporated, Midwest Clear-
ing Corporation, Midwest Securities Trust Co., and
Midwest Stock Exchange Service Corporation, Chi-
cago, Illinois, its officers, agents, successors, and as-
signs, shall:
1. Cease and desist from:
(a) Refusing to bargain collectively with regard to
rates of pay, wages, hours, and other terms and con-
ditions of employment with Office and Professional
Employees International Union, Local 28, AFL-
CIO, as the exclusive bargaining representative of its
employees in the following appropriate unit, as set
forth in Appendix B attached hereto.
(b) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them in Section 7 of the Act.
2. Take the following affirmative action which the
Board finds will effectuate the policies of the Act:
(a) Upon request, bargain with the above-named
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MIDWEST STOCK EXCHANGE
labor organization as the exclusive representative of
all employees in the aforesaid appropriate unit with
respect to rates of pay, wages hours, and other terms
and conditions of employment, and, if an understand-
ing is reached, embody such understanding in a
signed agreement.
(b) Post at its facilities in Chicago, Illinois, copies
of the attached notice marked "Appendix A."4 Copies
of said notice, on forms provided by the Regional
Director for Region 13, after being duly signed by
Respondent's represenative, shall be posted by Re-
spondent immediately upon receipt thereof, and be
maintained by it for 60 consecutive days thereafter, in
conspicuous places, including all places where notices
to employees are customarily posted. Reasonable
steps shall be taken by Respondent to insure that said
notices are not altered, defaced, or covered by any
other material.
(c) Notify the Regional Director for Region 13, in
writing, within 20 days from the date of this Order,
what steps have been taken to comply herewith.
4 In the event that this Order is enforced by a judgment of a United States
Court of Appeals, the words in the notice reading "Posted by Order of the
National Labor Relations Board" shall read "Posted Pursuant to a Judgment
of the United States Court of Appeals Enforcing an Order of the National
Labor Relations Board."
APPENDIX A
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT refuse to bargain collectively
concerning rates of pay, wages, hours, and other
terms and conditions of employment with Office
and Professional Employees International
Union, Local 28, AFL-CIO, as the exclusive rep-
resentative of the employees in the bargaining
unit described below.
WE WIIL NOT in any like or related manner
interfere with, restrain, or coerce our employees
in the exercise of the rights guaranteed them by
Section 7 of the Act.
WE WllL, upon request, bargain with the
above-named Union, as the exclusive representa-
tive of all employees in the bargaining unit de-
scribed below, with respect to rates of pay.
wages, hours, and other terms and conditions of
employment, and. if an understanding is
reached, embody such understanding in a signed
agreement. The bargaining unit is:
All employees of the Employer at its facili-
ties currently located at 120 South LaSalle
Street and 640 North LaSalle Street, Chicago,
Illinois. as specifically included in Appendix B
attached hereto, but excluding those specifi-
cally excluded in said Appendix B, all profes-
sional employees, guards and supervisors as
defined in the Act, as amended, constitute a
unit appropriate for the purposes of collective
bargaining within the meaning of Section 9(b)
of the Act.
MIDWEST STOCK EXCHANGE, INCORPORATED,
MIDWEST CLEARING CORPORATION, MIDWEST
SECURITIES TRUST CO., AND MIDWEST STOCK
EXCHANGE SERVICE CORPORATION
APPENDIX B
Reorganization Department:
Included: reorganization clerks and research clerks;
excluded: supervisor of reorganization.
Stock Transfer Department:
Included: stock transfer clerks and stock transfer coor-
dinators: excluded: Supervisors of stock transfer and
manager of stock transfer.
Data Control Department:
Included: messengers, peripheral operators, report dis-
tribution clerks, group leaders, data control coordina-
tors, and research clerks; excluded: supervisors of data
control.
Microfilm Department:
Included: microfilm clerks.
Security Processing Department.
Included: file clerks, box cashiers, vault clerks, re-
search clerks, and senior research clerks; excluded: su-
pervisors of security processing and manager of secu-
rity processing.
Keypunch Department.
Included: keypunch operators and lead keypunch op-
erators; excluded: supervisor of keypunch.
MST/MCC Operations Department.
Included: internal controls auditor; excluded: junior
and senior secretary of MST/MCC operations, man-
ager of internal control audit, director of data control,
input and distribution. assistant vice president of MST
operations, and director of security.
Efficiency Planning Department:
Excluded: methods analyst.
Special Services Departmentr.
Included: special service clerks and senior special ser-
vice clerks; excluded: supervisor of special services.
Distribution Department.
Included: file clerks, microfilm clerks, and window tell-
ers: excluded: supervisor of distribution.
Trade Recording Department.
Included: special services clerks, senior special services
clerks, and trade coordinators; excluded: supervisor of
trade recording.
SSM/ NCC Department:
Included: SSM clerks, special cashiers, window clerks,
NCC clerks, and messengers: excluded: supervisor and
manager of SSM.
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DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Dividend Department:
Included: kray clerks, proxy clerks, dividend research
clerks, and group leaders, dividends; excluded: super-
visor of controls.
Cash Management Department:
Included: cash management accounting clerks; ex-
cluded: supervisor of cash managment.
Product Planning Department.
Included: administrative coordinators and project ana-
lysts; excluded: junior secretary of product planning
and manager of product planning.
Control Department:
Excluded: secretary of controls, manager of controls,
and vice president of controls.
Microfilm and Records Retention Department:
Included: microfilm librarians, research clerks, senior
research clerks, group leader of records retention, and
training coordinators MST; excluded: supervisors of
records retention.
Marketing and Banking.
Excluded: secretary of marketing and banking, vice
president of marketing, and manager of marketing.
Department of Member Services.
Included: member services representatives and clerk
typists; excluded: secretary of member services, super-
visor of member services, and manager of member ser-
vices.
Communications Department.
Included: voice communications analyst; excluded:
vice president of communications, manager of commu-
nication services, and vice president of conversion and
consulting.
MTS/MCC Systems and Programming Department:
Included: technical administrative clerks, file clerks,
senior programmers, programmer analysts, and senior
programmer analysts: excluded: secretary of systems
and programming, manager of systems and program-
ming, director of MST systems and programming.
Training Department.
Included: member services training coordinators; ex-
cluded: manager of member services training.
BOA Training Department:
Included: BOA training specialists; excluded: vice
president of BOA training.
Department of Production Planning.
Excluded: vice president of production planning and
development.
Equity and Options Floor Operations Department:
Included: programmer analysts; excluded: director of
floor marketing services, vice president trading floor
surveillance, senior secretary of floor operations, assist-
ant floor manager, manager, manager of trading floor
systems and programming, secretary of options, man-
ager, options floor, and director of options trading.
Equity Trading Floor:
Included: quote and trade operators, recorders, termi-
ral operators, quote clerks, trading floor runners, cabi-
net systems clerks.
Options Floor.
Included: last sale price reporters, quote reporters,
comparison clerks, control room clerks, OBO clerks,
OBO assistants, bond brokers, and surveillance investi-
gators: excluded: supervisors of OBO training and su-
pervisors of options comparisons.
Telephone Switchboard Department:
included: telephone operators and chief PBX opera-
tors.
Executive Offices.
Excluded: executive secretaries, assistant secretaries,
administrative assistant to president, executive vice
presidents, senior vice presidents, senior vice president
and treasurer, president, senior vice president and legal
counsel, attorneys, senior secretary in legal depart-
ment, senior vice president of floor operations, vice
president of marketing, senior vice president of pro-
duction management, and executive secretary.
Internal Audit Department.
Excluded: internal auditor and manager of internal au-
dit.
Controller's Office.
Excluded: staff analysts, assistant controllers, secretary
to controller, and controller.
Accounting Department.
Included: accounting clerks and secretary of account-
ing; excluded: staff accounting, payroll clerks, supervi-
sors of accounting, and manager of accounting.
Treasurer's Office:
Excluded: staff anlaysts, assistant treasurer, assistant
to vice president, secretary, and treasurer.
Personnel Department:
Excluded: personnel clerks, employment specialist,
professional employment specialist, supervisor, person-
nel services, manager personnel, and vice president
personnel.
Marketing Department.
Inluded: file clerks and secretary of public relations;
excluded: manager of marketing education, secretary
of marketing, vice president of marketing field sales,
and vice president of marketing sales.
Marketing Services Department.
Included: marketing research assistants and marketing
associates: excluded: manager of marketing services.
Regulatoo and Planning Department.
Included: junior secretary of member firms; excluded:
secretary of regulatory and planning, administrative
assistant, and vice president member firms regulatory
and planning.
Member Firms Department.
Excluded: examiners, senior examiners, associate di-
rector of member firms, director of member firms, and
secretary of member firms.
Stock List Department:
Included: secretary of listing; excluded: associate di-
rector of stock lists.
Administrative Services:
Included: mail clerks, senior mail clerks, receptionists,
space planners, administrative services coordinators
secretary of administrative services, and purchasing
agents: excluded: manager of office services and spe-
cial projects and director of administrative services.
106
MIDWEST STOCK EXCHANGE
Reception Department:
Excluded: secretary of computer operations. vice pres-
ident of computer operations, executive secretary and
senior vice president of computer operations.
Computler Operations Department.
Included: peripheral operators, main frame operators
lead computer operators, and schedulers: excluded:
shift supervisors, assistant shift supervisors, and man-
ager of computer operations.
Shipping and Receiving Department:
Included: janitors, distribution clerks, messenger driv-
ers, quality control clerks, material handlers, and dis-
patchers: excluded: supervisor of distribution and
manager of computer service.
Tape Lihra:-
Included: tape librarians, control card clerks, hilling
coordinators, operations, and support specialists; ex-
cluded: assistant supervisor of tape library. supervisor
of operations support, and manager of operations sup-
port.
Security Glossary Department:
Included: security glossary clerks: excluded: supervi-
sor of security glossary.
Broker Services Department
Included: research coordinators and account represen-
tatives: excluded: manager of broker services, vice
president of B.I.C.S., and senior secretary of broker
services.
Systems Assurance and Operations Support Department
Included: operations support specialists, computer
project analysts, and senior programmer analysts; ex-
cluded: consulting systems analysts, manager of sys-
tems and programming, manager of systems accept-
ance, secretary of systems assurance, and vice
president of systems assurance.
MicroJiche Department.
Included: microfiche operators A and B; excluded:
assistant shift supervisor.
Com,lmunications Department:.
Included: communications techs A. communications
techs B. applications. and coordinators: excluded:
manager of communications operations. applications
manager, and Supervisor of Communications.
(Customer Service Department (Signet 80):
Included: customer services representative.
(Cus.tomer Services Department.:
Included: programmer analysts and senior progrmmer
analysts; excluded: manager of customer ser% ices.
Technical Support and Control Departlent:
Excluded: senior hardware analysts. secretary for tech-
nical support, and director of technical planning and
control.
Systemsn and Programming Department.
Excluded: secretary of systems and programming, vice
president of systems and programming, senior vice
president, and vice president of programming.
BOA S stems and Programming Department.:
Included: programmers, senior programmers, pro-
grammer analysts, and senior programmer analysts:
excluded: consulting programmer analysts, managers
of systems and programming, redesign coordinator,
and technical operations specialists.
(tCommunications Systevs and Programmling Department:l
Included: programmers, senior programmers. pro-
grammer analysts, senior programmer and analysts:
excluded: consulting programmer analysts and man-
ager of systems and programming.
7eclhnical Planning Department:
Included: senior programmers; excluded: manager of
technical planning.
1107