27:0445(62)CA - VA, Washington, DC and VA Regional Office and Insurance Center, St. Paul, MN and AFGE National VA Council Local 1969 -- 1987 FLRAdec CA
[ v27 p445 ]
27:0445(62)CA
The decision of the Authority follows:
27 FLRA No. 62
VETERANS ADMINISTRATION
WASHINGTON, D.C.
and
VETERANS ADMINISTRATION REGIONAL
OFFICE AND INSURANCE CENTER
ST. PAUL, MINNESOTA
Respondent
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, NATIONAL VA COUNCIL
LOCAL 1969, AFL-CIO
Charging Party
Case No. 5-CA-70070
DECISION AND ORDER
I. Statement of the Case
This unfair labor practice case is before the Authority in accordance
with section 2429.1(a) of the Authority's Rules and Regulations, based
upon a stipulation entered into by the parties. The issue is whether
the Respondent violated section 7116(a)(1), (5) and (8) of the Federal
Service Labor-Management Relations Statute (the Statute) by refusing to
provide the Charging Party (the Union), the exclusive representative of
a unit of the Respondent's employees, with the names and home addresses
of those unit employees as requested by the Union.
II. Background
By letter dated November 17, 1986, the Union requested the names and
home addresses of all bargaining unit employees employed at the
Respondent's Regional Office and Insurance Center in St. Paul,
Minnesota. By letter dated November 21, 1986, the Respondent denied the
request. The parties stipulated that the names and home addresses of
the employees are normally maintained by the Respondent in the regular
course of business; are reasonably available; and do not constitute
guidance, advice, counsel or training provided to management officials
or supervisors relating to collective bargaining.
III. Positions of the Parties
The Respondent contends that disclosure of the home addresses of
employees is prohibited by the Privacy Act. The Respondent also
contends that home addresses are not necessary for the Union to carry
out its collective bargaining duties, claiming that the Union provided
no reason why it is necessary to communicate with the employees at home
and that adequate alternate means are available for communication. The
Respondent urges the Authority to reconsider its determination in
Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA
No. 101 (1986), petition for review filed sub nom. U.S. Department of
Agriculture and the Farmers Home Administration Finance Office, St.
Louis, Missouri v. FLRA, No. 86-2779 (8th Cir. Dec. 23, 1986). The
Respondent asserts that the disclosure of unit employees' names and home
addresses to an exclusive representative is not covered by the "routine
use" exception which permits disclosure of information to labor
organizations when relevant and necessary to their representational
duties.
The General Counsel contends that this case is controlled by the
Authority's Decision on Remand in Farmers Home. The General Counsel
argues that the need for names and home addresses is so apparent and
essentially related to the nature of exclusive representation that an
explanation or justification for wanting the names and home addresses is
not required. Further, the General Counsel maintains that the names and
home addresses should be provided whether or not alternate means of
communication are available. Finally, the General Counsel argues that
the Respondent's failure to furnish the requested names and home
addresses constituted a failure to comply with section 7114(b)(4) of the
Statute and, consequently, a violation of section 7116(a)(1), (5) and
(8).
IV. Analysis and Conclusion
In our Decision and Order on Remand in Farmers Home, we concluded
that the release of names and home addresses of bargaining unit
employees to the exclusive representatives of those employees is not
prohibited by law, is necessary for unions to fulfill their duties under
the Statute, and meets all of the other requirements established by
section 7114(b)(4). We also determined that the release of the
information is generally required without regard to whether alternative
means of communication are available. Based on our decision in Farmers
Home, we reject the Respondent's assertions in this case and find that
the Respondent was required to provide the information under section
7114(b)(4). Accordingly, we conclude that the Respondent's refusal to
provide the Union with the requested information violated section
7116(a)(1), (5) and (8) of the Statute.
ORDER
Pursuant to section 2423.29 of the Authority's Rules and Regulations
and section 7118 of the Federal Service Labor-Management Relations
Statute, the Veterans Administration, Washington, D.C. and Veterans
Administration Regional Office and Insurance Center, St. Paul, Minnesota
shall:
1. Cease and desist from:
(a) Refusing to furnish, upon request by the American
Federation of Government Employees, National VA Council, Local
1969, AFL-CIO, the exclusive representative of a unit of its
employees the names and home addresses of all employees in the
bargaining unit.
(b) In any like or related manner interfering with, restraining
or coercing its employees in the exercise of their rights assured
them by the Statute.
2. Take the following affirmative action in order to effectuate the
purposes and policies of the Statute:
(a) Furnish the American Federation of Government Employees,
National VA Council, Local 1969, AFL-CIO, the exclusive
representative of a unit of its employees, with the names and home
addresses of employees in the bargaining unit.
(b) Post at all its facilities where bargaining unit employees
represented by the American Federation of Government Employees,
National VA Council, Local 1969, AFL-CIO are located, 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 the Regional Director of the Veterans Administration
Office and Insurance Center, St. Paul, Minnesota 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 V, Federal Labor
Relations Authority, in writing, within 30 days from the date of
this Order, as to what steps have been taken to comply.
Issued, Washington, D.C., June 16, 1987.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY
APPENDIX
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 STATE CODE
FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
WE HEREBY NOTIFY OUR EMPLOYEES THAT:
WE WILL NOT refuse to furnish, upon request of the American
Federation of Government Employees, National VA Council, Local 1969,
AFL-CIO, the exclusive representative of a bargaining unit of our
employees, the names and home addresses of all employees in the unit.
WE WILL NOT in any like or related manner interfere with, restrain or
coerce our employees in the exercise of the rights assured them by the
Federal Service Labor-Management Relations Statute.
WE WILL furnish the American Federation of Government Employees,
National VA Council, Local 1969, AFL-CIO, the exclusive representative
of a bargaining unit of our employees, with the names and home addresses
of all employees in the unit.
(Activity)
By: (Signature) (Title)
Dated:
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 of the Federal Labor Relations Authority, Region V, whose
address is: 175 West Jackson Blvd., Suite 1359-A, Chicago, Illinois
60604 and whose telephone number is: (312) 353-6306.