[ v15 p969 ]
15:0969(180)CA
The decision of the Authority follows:
15 FLRA No. 180 SOCIAL SECURITY ADMINISTRATION Respondent and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1923, AFL-CIO Charging Party/Union Case Nos. 3-CA-30433 3-CA-30445 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 parties' stipulation of facts, accompanying exhibits, and the briefs submitted by the Respondent and the General Counsel, the Authority finds: The complaint alleges that the Social Security Administration (Respondent) violated section 7116(a)(1), (5) and (8) of the Statute by refusing to furnish necessary and relevant information requested by the Union in connection with the processing of employees' contractual grievances as required by section 7114( b)(4) of the Statute. /1/ By memoranda dated between December 8, 1982 and February 4, 1983, an agent of the American Federation of Government Employees, Local 1923, AFL-CIO (Exclusive Representative/Union) requested that the Respondent provide the Union with a copy of all Form SSA-3024's relative to bargaining unit employees Harriet Glass, Jean Gray, Florence Jackson, Berlinda Redfern, Bertelle Murphy, Amelia Peete, Charles Baker, Anna Layton, Veronica Pompey and Carolyn Holt, respectively. Form SSA-3024 is a Work Experience Report which constitutes a compilation of the employee's daily production figures on a weekly basis. The Respondent utilizes the information recorded on Form SSA-3024 in rating employees for the purpose of their annual performance appraisals. The Respondent has failed and refused to provide the Union with the requested information. The Respondent argues that it had no duty to furnish the requested information because the requests were vague and to supply such would have been unduly burdensome. However, the Respondent does not present any evidence in support of the foregoing contention. To the contrary, the Respondent expressly stipulates that the requested information was normally maintained by the agency in the regular course of business; was reasonably available and necessary for full and proper discussion, understanding and negotiation of subjects within the scope of collective bargaining, including the processing of a contractual grievance; did not constitute guidance, counsel or training of management officials or supervisors relating to collective bargaining; and was not prohibited by law. The stipulated record reveals that each request was submitted separately at different times to the involved grievant's supervisor. Further, the Respondent admits that it would have taken no more than thirty to sixty minutes to respond to such request. Under the factual circumstances presented, the Authority finds Respondent's contention that the Union's request for information was vague and unduly burdensome to be wholly without merit. In so concluding, the Authority has considered Respondent's admission that the requested material was normally maintained, reasonably available and necessary for full and proper discussion, understanding and negotiation of subjects within the scope of bargaining including processing of a grievance. The Authority further notes particularly that an integral part of an agency's statutory duty to negotiate in good faith is to furnish necessary data, upon request, to the exclusive representative, in accordance with 7114(b)(4)(A)(B) and (C) of the Statute. /2/ Accordingly, the Authority finds that Respondent's conceded refusal to furnish the Union with the requested information concerning unit employees' contractual grievances over their 1982 annual performance appraisals constituted a failure to meet its duty to bargain in good faith and was not in compliance with section 7114(b)(4) in violation of 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 shall: 1. Cease and desist from: (a) Failing and refusing to provide the American Federation of Government Employees, Local 1923, AFL-CIO, the employees' exclusive representative, with all necessary documents and materials, including copies of form SSA-3024's requested by the Union in connection with the processing of grievances filed by bargaining unit employees. (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, Local 1923, AFL-CIO, the employees' exclusive representative, with copies of all Form SSA-3024's requested by the Union in connection with the grievances filed by bargaining unit employees Harriet Glass, Jean Gray, Florence Jackson, Berlinda Redfern, Bertelle Murphy, Amelia Peete, Charles Baker, Anna Layton, Veronica Pompey and Carolyn Holt concerning their 1982 Annual Performance Appraisals. (b) Post at its facilities located in the Social Security Administration, Headquarters, Baltimore, Maryland 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 an authorized official of the Social Security Administration 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 insure 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 III, 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., August 31, 1984 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, 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 fail or refuse to provide the American Federation of Government Employees, Local 1923, AFL-CIO, the employees' exclusive representative, with all necessary documents and materials, including copies of Form SSA-3024's requested by the Union in connection with the processing of grievances filed by bargaining unit employees. 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, Local 1923, AFL-CIO, with copies of all Form SSA-3024's requested by the Union in connection with the grievances filed by bargaining unit employees Harriet Glass, Jean Gray, Florence Jackson, Berlinda Redfern, Bertelle Murphy, Amelia Peete, Charles Baker, Anna Layton, Veronica Pompey and Carolyn Holt concerning their 1982 Annual Performance Appraisals. (Agency or 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 for the Federal Labor Relations Authority, Region III, whose address is: P.O. Box 33758, Washington, D.C. 20033-0758 and whose telephone number is: (202) 653-8456. --------------- FOOTNOTES$ --------------- /1/ Section 7114(b)(4) 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(.) /2/ See Veterans Administration Regional Office, Denver, Colorado, 10 FLRA 453 at 456 (1982) and Veterans Administration, Iron Mountain, Michigan, 10 FLRA 468 (1982). See also Army and Air Force Exchange Service (AAFES), Lowry Air Force Base Exchange, Ft. Carson, Colorado, 13 FLRA No. 65 (1983).