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39 FLRA No. 76

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF THE NAVY

MARE ISLAND NAVAL SHIPYARD

VALLEJO, CALIFORNIA

(Respondent)

and

INTERNATIONAL FEDERATION OF PROFESSIONAL

AND TECHNICAL ENGINEERS

LOCAL 25, AFL-CIO

(Charging Party/Union)

9-CA-90401

DECISION AND ORDER

February 28, 1991

Before Chairman McKee and Members Talkin and Armendariz.

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 on a stipulation of facts by the parties, who have agreed that no material issue of fact exists.

The complaint alleges that the Respondent violated section 7116(a)(1), (5), and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by failing and refusing to provide the Union with the names and home addresses of bargaining unit employees represented by the Union. For the reasons stated below, we find that the Respondent committed the unfair labor practice as alleged.

II. Facts

The Union is the exclusive representative of a unit of professional employees employed by the Respondent. By letter dated December 21, 1988, the Union requested the Respondent to provide the Union with the "name[s] and home addresses of unit members" represented by the Union "so that the Union may discharge statutory obligations[.]" Stipulation, Exhibit 2. By letter to the Respondent dated January 9, 1989, the Union indicated that the Respondent had not complied with the Union's December 21 request and that the Union intended to file an unfair labor practice charge. Stipulation, Exhibit 3; Stipulation, paragraph 7. Since on or about December 21, 1988, and continuing to date, the Respondent has refused to respond to the Union's letters and has refused to provide the Union with the requested information. Stipulation, paragraphs 8 and 9.

The parties stipulated that the names and home addresses of bargaining unit employees are normally maintained by the Respondent in the regular course of business, are reasonably available within the meaning of section 7114(b)(4) of the Statute, and do not constitute guidance, advice, counsel or training provided to management officials or supervisors relating to collective bargaining. Stipulation, paragraph 10.

III. Positions of the Parties ^(*)

The Respondent disagrees with the Authority's rationale in its decision in U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 37 FLRA 515 (1990) (Portsmouth Naval Shipyard), application for enforcement filed sub nom. FLRA v. U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, No. 90-1949 (1st Cir. Oct. 1, 1990). In Portsmouth Naval Shipyard, we reaffirmed the Authority's decision in Farmers Home Administration Finance Office, St, Louis, Missouri, 23 FLRA 788 (1986) (Farmers Home), in which the Authority concluded that section 7114(b)(4) of the Statute entitled the exclusive representative to the names and home addresses of bargaining unit employees. The Respondent contends that the release of employees' home addresses is prohibited by law, specifically, certain provisions of the Freedom of Information Act, 5 U.S.C. º 552, and the Privacy Act, 5 U.S.C. º 552a. The Respondent argues that the Authority should apply the reasoning of the court in FLRA v. Department of the Treasury, Financial Management Service, 884 F.2d 1446 (D.C. Cir. 1989), cert. denied, 110 S. Ct. 863 (1990) (FLRA v. Department of the Treasury), where the court found that "the Privacy Act bars the disclosure of employees' home addresses to their exclusive representatives." Respondent's Brief at 6-7.

The Respondent claims that the Union "has ready access to bargaining unit employees" at their worksites. Id. at 12. The Respondent states that it "is willing to permit the distribution of [U]nion literature" at the employees' worksites "during nonwork and nonduty times." Id. The Respondent further states that the Union "has access to its own bulletin boards and the base newsletter for the publication of announcements." Id.

IV. Analysis and Conclusions

In Portsmouth Naval Shipyard, we reaffirmed Farmers Home and concluded that the release of the names and home addresses of bargaining unit employees to their exclusive representatives 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) of the Statute. We also determined that the release of the information is generally required without regard to whether alternative means of communication are available. We find that resolution of this case does not require consideration of whether alternative means of communication are available. Further, it is evident from the parties' stipulation that the other requirements of section 7114(b)(4)(A), (B), and (C) have been met in this case.

Accordingly, consistent with the parties' stipulation and based on the Authority's decision in Portsmouth Naval Shipyard, we find that the Respondent was required to furnish the Union with the names and home addresses of employees in the bargaining unit represented by the Union. Its refusal to do so violated section 7116(a)(1), (5), and (8) of the Statute.

V. 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 U.S. Department of the Navy, Mare Island Naval Shipyard, Vallejo, California shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the International Federation of Professional and Technical Engineers, Local 25, AFL-CIO, the exclusive representative of certain of its employees, the names and home addresses of all employees in the bargaining unit it represents.

(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of the 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 International Federation of Professional and Technical Engineers, Local 25, AFL-CIO, the exclusive representative of certain of its employees, the names and home addresses of all employees in the bargaining unit it represents.

(b) Post at its facilities where bargaining unit employees represented by the International Federation of Professional and Technical Engineers, Local 25, 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 Commanding Officer and shall be posted in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted, and shall be maintained for 60 consecutive days thereafter. 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, San Francisco Regional Office, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order as to what steps have been taken to comply.

NOTICE TO ALL EMPLOYEES

AS ORDERED BY THE FEDERAL LABOR RELATIONS AUTHORITY

AND TO EFFECTUATE THE POLICIES OF THE

FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE

WE NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT refuse to furnish, upon request of the International Federation of Professional and Technical Engineers, Local 25, AFL-CIO, the exclusive representative of certain of our employees, the names and home addresses of all employees in the bargaining unit it represents.

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 International Federation of Professional and Technical Engineers, Local 25, AFL-CIO, the exclusive representative of certain of our employees, the names and home addresses of all employees in the bargaining unit it represents.

____________________________
(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, San Francisco Regional Office, Federal Labor Relations Authority, whose address is: 901 Market Street, Suite 220, San Francisco, California 94103, and whose telephone number is: (415) 744-4000.

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FOOTNOTES:
(If blank, the decision does not have footnotes.)
 

*/ The General Counsel's brief was untimely filed and has not been considered. The brief was due not later than February 13, 1991. The brief was mailed in an envelope which contained no postmark. The Authority received the mailing on February 19, 1991. Under section 2429.21(b) of our Rules and Regulations, if no postmark is evident, a filing is presumed to have been mailed 5 days prior to receipt. The filing date is, therefore, February 14, 1991, and the brief is untimely.

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