[ v17 p837 ]
17:0837(113)CA
The decision of the Authority follows:
17 FLRA No. 113
SOCIAL SECURITY ADMINISTRATION
BALTIMORE, MARYLAND
and
SOCIAL SECURITY ADMINISTRATION
REGION VII, CLAYTON DISTRICT,
CLAYTON, MISSOURI
Respondents
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2916
Charging Party
Case No. 7-CA-30271
DECISION AND ORDER
This matter is before the Authority pursuant to the Regional
Director's "Order Transferring Case to the Federal Labor Relations
Authority" in accordance with section 2429.1(a) of the Authority's Rules
and Regulations.
Upon consideration of the entire record, including the stipulation of
facts, accompanying exhibits, and the parties' contentions, /1/ the
Authority finds:
The complaint alleges that the Social Security Administration,
Baltimore, Maryland and Social Security Administration, Region VII,
Clayton District, Clayton, Missouri (the Respondents) violated section
7116(a)(1), (5) and (8) of the Statute /2/ by refusing to furnish
information requested under section 7114(b)(4) of the Statute /3/ to the
American Federation of Government Employees, AFL-CIO, Local 2916 (the
Union) pertaining to the performance ratings of certain employees in the
Clayton District which is necessary to process a grievance filed by the
Union.
The stipulated facts show that the Union filed a grievance alleging,
among other things, that October, 1982 performance appraisal ratings for
employees in one of the offices in the Clayton District were uniformly
higher than those for bargaining unit employees in other offices in that
District, and that the disparities were not justified by the actual
performance of the employees. In order to support this grievance, the
Union requested copies of the audits of the approximately 20 employees
who received the highest ratings on the performance appraisals, all of
whom were located in the same office within the Clayton District as
mentioned above. The audits quantify tasks that employees perform
relating to the job elements used in appraising their performance. The
parties stipulated further that the audits would show whether the
performance of employees receiving the highest ratings on their
appraisals were significantly different from the performance of other
employees within the Clayton District, and that this information would
support or refute the claims alleged by the Union in its grievance.
Upon receiving the Union's request for the audits, the Respondents
refused to furnish the information.
The issue before the Authority is whether the audits were reasonably
available and necessary for the Union to perform its representational
function within the meaning of section 7114(b)(4) of the Statute. The
General Counsel contends that the information was necessary because it
would have supported an allegation made by the Union in its grievance
that various employees in the Clayton District performing the same
caliber of work received different performance ratings and, therefore,
the Union could have determined whether to pursue the grievance. The
Respondents assert that the information was not necessary, and that the
Union's request was too broad and unduly burdensome.
It is concluded that the information sought here is necessary within
the meaning of section 7114(b)(4) of the Statute. Thus, as stipulated
by the parties, the audits would have allowed the Union to determine
whether the performance of employees in one particular office within the
Clayton District was superior to the performance of employees in other
offices within that District who performed comparable work but received
different performance ratings, and therefore whether to pursue the
grievance. See United States Environmental Protection Agency, Health
Effects Research Laboratory, Cincinnati, Ohio, 16 FLRA No. 16 (1984);
Internal Revenue Service, Buffalo District, Buffalo, New York, 7 FLRA
654 (1982). Further, contrary to the Respondent's contention, the
Authority concludes that the record demonstrates the information sought
was reasonably available within the meaning of section 7114(b)(4) of the
Statute, was sufficiently specific to be identified, could have been
furnished to the Union without creating an undue burden on the
Respondents, and would be sanitized to protect employee rights under the
Privacy Act. /4/
Having concluded that the Respondents refused to furnish information
which is reasonably available and necessary within the meaning of
section 7114(b)(4) of the Statute, the Authority finds that the
Respondents violated section 7116(a)(1), (5) and (8) of the Statute.
ORDER
Pursuant to section 2423.29 of the Federal Labor Relations
Authority's Rules and Regulations and section 7118 of the Statute, it is
hereby ordered that the Social Security Administration, Baltimore,
Maryland and the Social Security Administration, Region VII, Clayton
District, Clayton, Missouri shall:
1. Cease and desist from:
(a) Refusing to provide the American Federation of Government
Employees, AFL-CIO, Local 2916, the employees' exclusive representative,
with all requested data reasonably available and necessary for it to
properly perform its representational function regarding its grievance
concerning the disparity in performance appraisal ratings of employees
in the Social Security Administration, Region VII, Clayton District,
Clayton, Missouri.
(b) In any like or related manner interfering with, restraining or
coercing employees in the exercise of their rights assured by the
Federal Service Labor-Management Relations Statute.
2. Take the following affirmative action in order to effectuate the
purposes and policies of the Statute:
(a) Upon request, provide the American Federation of Government
Employees, AFL-CIO, Local 2916, the employees' exclusive representative,
all requested data reasonably available and necessary for it to properly
perform its representational function regarding its grievance concerning
the disparity in performance appraisal ratings of employees in the
Social Security Administration, Region VII, Clayton District, Clayton,
Missouri.
(b) Post at its facilities at the Social Security Administration,
Region VII, Clayton District, Clayton, Missouri copies of the attached
Notice on forms to be furnished by the Federal Labor Relations
Authority. Upon receipt of such forms, they shall be signed by a
responsible official of the Social Security Administration, Region VII,
Clayton District, Clayton, Missouri, and shall be posted and maintained
for 60 consecutive days thereafter, in conspicuous places, including all
bulletin boards and other places where notices to employees are
customarily posted. Reasonable steps shall be taken to ensure that such
Notices are not altered, defaced, or covered by any other material.
(c) Pursuant to section 2423.30 of the Authority's Rules and
Regulations, notify the Regional Director, Region VII, Federal Labor
Relations Authority, in writing, within 30 days from the date of this
Order, as to what steps have been taken to comply herewith.
Issued, Washington, D.C., May 8, 1985
Henry B. Frazier III, Acting
Chairman
William J. McGinnis, Jr., Member
FEDERAL LABOR RELATIONS AUTHORITY
NOTICE TO ALL EMPLOYEES
PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR
RELATIONS
AUTHORITY AND IN ORDER TO EFFECTUATE THE POLICIES OF CHAPTER 71
OF TITLE
5 OF THE UNITED STATES CODE FEDERAL SERVICE LABOR-MANAGEMENT
RELATIONS
WE HEREBY NOTIFY OUR EMPLOYEES THAT:
WE WILL NOT refuse to provide the American Federation of Government
Employees, AFL-CIO, Local 2916, our employees' exclusive representative,
all requested data reasonably available and necessary for it to properly
perform its representational function regarding the grievance concerning
the disparity in performance appraisal ratings of employees in the
Social Security Administration, Region VII, Clayton, District, Clayton,
Missouri. WE WILL NOT in any like or related manner interfere with,
restrain, or coerce our employees in the exercise of their rights
assured by the Federal Service Labor-Management Relations Statute. WE
WILL, upon request, provide the American Federation of Government
Employees, AFL-CIO, Local 2916, our employees' exclusive representative,
all requested data reasonably available and necessary for it to properly
perform its representational function regarding the grievance concerning
the disparity in performance appraisal ratings of employees in the
Social Security Administration, Region VII, Clayton District, Clayton,
Missouri.
(Activity)
Dated: . . . By: (Signature) (Title) This Notice must remain posted
for 60 consecutive days from the date of posting, and must not be
altered, defaced, or covered by any other material. If employees have
any questions concerning this Notice or compliance with its provisions,
they may communicate directly with the Regional Director, Region VII,
Federal Labor Relations Authority, whose address is: 1531 Stout Street,
Suite 301, Denver, Colorado 80202 and whose telephone number is: (303)
837-5224.
--------------- FOOTNOTES$ ---------------
/1/ The General Counsel moved to strike several documents, and
arguments in the Respondents' brief predicated thereon, because factual
material relied upon by the Respondents was not included in the
stipulation. In reaching its decision in the instant case, the
Authority has, of course, considered only facts contained in the
stipulation, and therefore the motion is denied.
/2/ Section 7116(a)(1), (5) and (8) of the Statute provides:
Sec. 7116. Unfair labor practices
(a) For the purpose of this chapter, it shall be an unfair
labor practice for an agency--
(1) to interfere with, restrain, or coerce any employee in the
exercise by the employee of any right under this chapter;
. . . .
(5) to refuse to consult or negotiate in good faith with a
labor organization as required by this chapter;
. . . .
(8) to otherwise fail or refuse to comply with any provision of
this chapter.
/3/ Section 7114(b)(4) of the Statute provides:
Sec. 7114. Representation rights and duties
. . . .
(b) The duty of an agency and an exclusive representative to
negotiate in good faith under subsection (a) of this section shall
include the obligation--
. . . .
(4) in the case of an agency, to furnish to the exclusive
representative involved, or its authorized representative, upon
request and, to the extent not prohibited by law, data--
(A) which is normally maintained by the agency in the regular
course of business;
(B) which is reasonably available and necessary for full and
proper discussion, understanding, and negotiation of subjects
within the scope of collective bargaining; and
(C) which does not constitute guidance, advice, counsel, or
training provided for management officials or supervisors,
relating to collective bargaining(.)
/4/ Privacy Act of 1974, Pub. L. No. 83-579, 88 Stat. 1896 (codified
as amended at 5 USC 552a (1982)).