1. Whom did the Union seek to represent in one bargaining unit?
2. Discuss the differences between the various classifications of service persons.

Employer, who is engaged in furnishing protective services by means of electric devices which it installs and maintains, employs several classifications of servicemen. Employer also operates a one-man division responsible for selling, installing, and repairing background music systems.

The union seeks to represent all of the above employees, as well as all porters. Employer contends that all of the servicemen are guards, that the background music director is a supervisor, and that these employees should consequently be excluded from any bargaining unit.

Of employer’s several classifications of servicemen, only the S-2 group was specifically charged with duties related to enforcing rules to protect property or the safety of persons on customers’ premises. This group was armed, wore uniforms, worked irregular hours, and was primarily responsible for detaining intruders apprehended in response to alarms….

The remaining classifications, S-1 and S-3, comprised servicemen whose duties principally involved installing and repairing the electric devices or monitoring signals therefrom.

Although the music director worked in a separate administrative office building and was on a separate payroll, he remained under the supervision of the District Manager who was responsible for the servicemen.

Although the union asserts that the S-2’s are primarily mechanics and have only incidental duties with respect to apprehension of intruders, the stipulation of the parties states the reverse. In view of this, as well as the fact that they are uniformed and armed, the S-2’s are guards within the meaning of the Act….

In contrast to the situation in ADT Company, 112 NLRB 80, there is no evidence that the regular S-1’s have any responsibility other than prompt restoration of service through repairs. The instant situation being more akin to American District Telegraph Co., 128 NLRB 345, the S-1’s, accordingly, are not guards within the meaning of the Act.

Although the S-3’s may well be an integral part of ADT’s protection operation, there is nothing in the Act which requires that they be deemed guards on that basis alone. Since they have none of the characteristics of the servicemen previously determined to be guards, but merely monitor signals, they are includable in the non-guard unit.

The music director appears to have none of the statutory indicia of supervisory status, but does seem to have a community of interests with the regular S-1’s and S-3’s. Consequently, he shall also be included in the non-guard unit.