24:0600(63)CA - HHS, SSA and AFGE -- 1986 FLRAdec CA
[ v24 p600 ]
24:0600(63)CA
The decision of the Authority follows:
24 FLRA No. 63 DEPARTMENT OF HEALTH AND HUMAN SERVICES SOCIAL SECURITY ADMINISTRATION Respondent and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO Charging Party Case No. 2-CA-50188 DECISION AND ORDER I. Statement of the Case This unfair labor practice case is before the Authority on exceptions filed by the Respondent (Agency). The General Counsel filed an opposition to the exceptions. The issue is whether it is an unfair labor practice under the Federal Service Labor-Management Relations Statute (the Statute) for the Respondent (Agency) to refuse a request, made pursuant to section 7114(b)(4) of the Statute, to provide the Charging Party (Union) with the names and home addresses of employees of the Respondent's Office of Assessment (Field) (FAO) who are included in a national exclusive unit represented by the Union. In a recent Decision and Order on Remand, Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA No. 101 (1986) (FHAFO), we reviewed the Authority's previous decision concerning the release of the names and home addresses of bargaining unit employees to exclusive representatives. We concluded that the release of the information 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. Consistent with our decision on remand in FHAFO, we conclude that the Respondent's refusal to provide the Union with the home addresses of bargaining unit employees sought in this case violated section 7116(a)(1), (5) and (8) of the Statute. II. Facts The Union is the exclusive representative for many of the Respondent's employees, who are grouped in various nationwide bargaining units. The Union requested the names and home addresses of all of the bargaining unit employees who are represented by the Union's FAO Council. The FAO Council acts as an agent for the Union in representing FAO employees. The request was made during the course of midterm negotiations between FAO and the AFGE FAO Council concerning the impact and implementation of a proposed realignment of the FAOs. The Respondent denied the request on the grounds that it would be "virtually impossible" for it to furnish the information within the time provided for negotiations, that the information was not relevant or necessary to the outcome of the negotiations, and that the request was an impediment to good faith bargaining. III. Administrative Law Judge's Decision The Judge concluded that the Respondent failed to comply with the requirements of section 7114(b)(4) of the Statute in violation of section 7116(a)(1), (5) and (8) when it refused to provide the Union, upon request, with the names and home addresses of the unit employees which it had sought. In reaching that conclusion, the Judge found that disclosure of the names and home addresses of the unit employees to the Union was not prohibited by law, that the information was reasonably available, and that the information was necessary in order for the Union to effectively communicate with and represent all the employees in the unit. IV. Positions of the Parties The parties' positions were set forth in the Respondent's exceptions and the General Counsel's opposition. /*/ In its exceptions, the Respondent essentially disagrees with the Judge's findings and conclusions and asserts that it was not obligated to furnish the requested information to the Union. In its opposition, the General Counsel argues that the Judge's findings and conclusions are supported by a preponderance of the evidence and are consistent with law. The General Counsel therefore urges the Authority to adopt the Judge's decision in its entirety. V. Analysis and Conclusion As noted above, in our decision on remand in FHAFO we concluded that the release of 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 the other requirements of section 7114(b)(4). We also determined that agencies are required to furnish such information without regard to whether alternative means of communication are available. Based on our decision on remand in the FHAFO case and in agreement with the Judge in this case, we find that the Respondent was required to furnish the Union with the names and home addresses of the unit employees sought herein. Thus, we conclude that the Respondent's refusal to furnish the requested information in this case was in violation of 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, it is ordered that the Department of Health and Human Services, Social Security Administration, shall: 1. Cease and desist from: (a) Refusing to furnish, upon request by the American Federation of Government Employees, AFL-CIO, the exclusive representative of its employees, and its agent, the National Council of SSA Field Assessment Locals, the names and home addresses of all Field Assessment Office employees in the bargaining unit represented by the National Council of SSA Field Assessment Locals. (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) Upon request by the American Federation of Government Employees, AFL-CIO, the exclusive representative of its employees, and its agent, the National Council of SSA Field Assessment Locals, furnish them with the names and home addresses of all Field Assessment Office employees in the bargaining unit represented by the National Council of SSA Field Assessment Locals. (b) Post at all its field Assessment Office facilities where bargaining unit employees represented by the American Federation of Government Employees, AFL-CIO, National Council of SSA Field Assessment Locals 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 Deputy Commissioner for Assessment and Management, Social Security Administration, Department of Health and Human Services, 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 II, 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., December 18, 1986. /s/ Jerry L. Calhoun, Chairman /s/ Henry B. Frazier III, Member /s/ Jean McKee, 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 furnish, upon request by the American Federation of Government Employees, AFL-CIO, the exclusive representative or our employees, and its agent, the National Council of SSA Field Assessment Locals, the names and home addresses of all Field Assessment Office employees in the bargaining unit represented by the National Council of SSA Field Assessment Locals. 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, upon request by the American Federation of Government Employees, AFL-CIO, the exclusive representative of our employees, and its agent, the National Council of SSA Field Assessment Locals, furnish them with the names and home addresses of all Field Assessment Office employees in the bargaining unit represented by the National Council of SSA Field Assessment Locals. (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 II, Federal Labor Relations Authority, whose address is: 26 Federal Plaza, Room 3700, New York, N.Y. 10278 and whose telephone number is: (212) 264-4934. -------------------- ALJ$ DECISION FOLLOWS -------------------- Case No. 2-CA-50188 DEPARTMENT OF HEALTH AND HUMAN SERVICES, SOCIAL SECURITY ADMINISTRATION Respondent and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO Charging Party/Union Irving L. Becker, For the Respondent Barry Nelson, For the Charging Party/Union Joel Hornstein and E. A. Jones, For the General Counsel, Federal Labor Relations Authority Before: ISABELLE R. CAPPELLO Administrative Law Judge DECISION This is a proceeding under Title VII of the Civil Service Reform Act of 1978, Pub. L. No. 95-454, 92 Stat. 1191, 5 U.S.C. Section 7101 et seq. (1982), commonly known as the Federal Service Labor-Management Relations Statute, and hereinafter referred to as the Statute, and the rules and regulations issued thereunder and published at 5 CFR 2411 et seq. Pursuant to a charge filed by the Union on March 8, 1985 and amended on April 25, the Regional Director of Region II, Federal Labor Relations Authority (hereinafter, Authority), investigated and, on May 29, 1985 served the complaint initiating this proceeding. The complaint alleges that Respondent (also referred to hereinafter as SSA) violated Section 7116(a)(1), (5) and (8) of the Statute by refusing to provide the Union with the names and home addresses of bargaining unit employees and, thereby, to comply with Section 7114(b)(4) of the Statute. /1/ Respondent denies that it has committed any violations of the Statute. On July 15, 1985, in New York City a hearing was held at which the parties appeared, adduced documentary evidence, and examined witnesses. Briefs were filed by Respondent, on August 28, and by the General Counsel, on September 3, pursuant to an order dated August 2, which extended the briefing time until September 3, for good cause shown. On September 4, 1985, Respondent filed a Motion for Summary Judgment To Dismiss based upon three recent Authority decisions -- Farmers Home Administration Finance Office, St. Louis, Missouri, 19 FLRA No. 21, 19 FLRA 195 (July 22, 1985), Defense Mapping Agency, Aerospace Center, St. Louis, Missouri, 19 FLRA No. 85, 19 FLRA 675 (August 12, 1985); and Social Security Administration, Northeastern Program Service Center, 19 FLRA No. 108, 19 FLRA 913 (August 22, 1985). Respondent alleges that all of the legal issues in this case are resolved in the cited cases, which present essentially identical factual situations. The General Counsel and the Charging Party/Union filed their separate oppositions to the motion on September 16. Since there are some disputed issues of fact which bear upon the issues to be decided herein, it is inappropriate to decide this case upon a motion for summary judgment. Accordingly, it is denied. Based upon the record made in this case, my observation of the demeanor of the witnesses, and the briefs, I enter the following findings of fact and conclusions of law and recommend the entry of the following order. Findings of Fact /2/ 1. At all times material herein, the Charging Party/Union has been, and is now, a labor organization within the meaning of Section 7103(a)(4) of the Statute. 2. At all times material herein, Respondent SSA has been, and is now, an agency within the meaning of Section 7103(a)(3) of the Statute. 3. At all times material herein, the following named persons occupied the positions set forth below, opposite their names: Richard Matthews -- Labor Relations Advisor, Social Security Administration, Baltimore, Maryland; and Vivian Bromley -- Labor Relations Specialist, Social Security Security Administration, New York, New York. 4. At all times material herein, the individuals named above have been, and are now, supervisors or management officials as defined in Section 7103(a)(10) and (11), respectively, of the Statute and have been, and are now, agents of Respondent acting on its behalf. 5.(a) At all times material herein, the Charging Party/Union has been, and is now, the certified exclusive representative of a consolidated nationwide unit of certain employees of Respondent, including all employees employed in the various offices of the Respondent's Office of Assessment (Field), hereinafter FAO, excluding all management personnel, professional employees, federal employees engaged in personnel work in other than a purely clerical capacity, guards and supervisors. (b) On July 11, 1982, SSA and the Charging Party/Union signed a National Agreement. (c) At all times material herein, the Charging Party/Union has delegated to the National Council of Field Assessment Locals (FAO Council) authority to act as its representative for the purposes of collective bargaining for certain of Respondent's employees including those employed in the various offices of the Respondent's FAO. The FAO Council's delegation has been recognized by Respondent. 6. The size of the bargaining unit is unclear. It was estimated as being not more than 500 by FAO Council representatives (TR. 15, 21, 52, 56 and 129). Their uncertainty as to the size of the unit they represent may be attributed to the fact that there is no contractual requirement that Respondent furnish the Council, periodically, with the names of those in the unit. See Jt. Exh. 1. Respondent's senior labor relations specialist dealing with the FAO component, Mr. Matthews, estimated that there are at least 1000 in the unit, less about 100 supervisors. See TR. 209. Mr. Matthews seemed quite positive of his estimate and is in a better position to know these facts than the Council representatives. Accordingly, I credit his estimate of about 900 as being closest to the mark. The unit is a nationwide one, with members located in 10 regions and "roughly 40" satellite offices (TR. 54). The unit is composed mostly of analysts, some of whom travel on a regular basis. 7. By letter dated November 23, 1984, Respondent notified the FAO Council of a proposed realignment of the FAO. The realignment would eliminate positions in each of the 10 FAO regions and affect four to five staffs in each region. It would change the structure of the FAO by eliminating two branches and combining their positions into new branches along program, rather than job lines. Satellite offices would remain internally unchanged. About 90 employees would have their jobs abolished and might need retraining. Under the proposed realignment, it appeared that several of the regions' employees, in order to keep their jobs, would be subject to relocations, either from one building to another, as in the Chicago region; from one city to another, as in the San Francisco region; from one State to another, as in the Atlanta region; and from Manhattan to Queens in the New York City area. /3/ The realignment created four new bargaining-unit jobs and affected, either directly or indirectly, approximately 300-400 unit employees. The realignment did "not alter any FAO responsibilities or workloads." See paragraph 4 on page 2 of G.C. Exh. 2. 8. By letter dated December 3, 1984, the FAO Council, inter alia, asked certain questions about the proposed realignment, demanded bargaining, and designated Barry Nelson as its chief negotiator. Mr. Nelson holds various positions on the Council, including that of Executive Vice President. 9. By letter dated December 6, 1984, the FAO Council, pursuant to Section 7114(b)(4) of the Statute, made a request for information which included the following: Name, home address, type of appointment, organization/office/branch, work schedule, position number, position title, grade and region for each bargaining unit position in the Office of Assessment (field) as of October 1, 1983 and April 30, 1984 . . . . See G.C. Exh. 4. The letter stated that the information requested would "assist (the FAO Council) in responding to (Respondent's) proposal to reorganize the (FAO) dated November 23, 1984." See G.C. Exh.4. 10. By letter dated January 3, 1985, Respondent responded to both the letters of the FAO Council (see findings 8 and 9, above). Inter alia, Respondent's letter stated that: We fail to understand the relevancy of the requested information in relation to this realignment. In addition, based on existing guidance from the Office of Personnel Management, we are not able to provide you with the names and home addresses of bargaining unit employees (OALJ-83-85). See G.C. Exh. 5, page 2. "OALJ-83-85" is a reference to Defense Mapping Agency Aerospace Center, St. Louis, Missouri, Case No. 7-CA-20482, in which the Authority has subsequently ruled that the Privacy Act foreclosed the disclosure to a union of home addresses of its bargaining-unit members by the agency, under the particular facts of that case. See 19 FLRA No. 85 (August 12, 1985). 11. In January 1985, the FAO Council filed an unfair labor practice charge based upon the negative response of Respondent to the request for information made on December 6, 1984 (see findings 9 and 10, above). The charge was subsequently withdrawn, on or about February 19, 1985, based on the advice of an Authority agent that the request was too broad, in that it sought the information for 1983 and 1984, and that a less broad request should be made. 12.(a) In the meanwhile, the negotiations demanded by the FAO Council in December 1984, were taking place in New York City. Karen Reynolds substituted for Barry Nelson as the chief negotiator for the union. Stanley Kroman and Shraga Rice were the other members of the union negotiation team. The management team consisted of Vivian Bromley, as chief negotiator, Richard Matthews, and William Foreman. A one-day briefing, on Tuesday, February 12, 1985, preceded the negotiations which began on Wednesday, February 13. (b) The parties signed off on ground rules on February 12, 1985, the day of the briefing. Deleted, without prejudice, was the following: It is understood by the parties that the standards of 5 USC 7114(b)(4) will apply with respects to the Administration providing the Union with copies of all necessary and relevant information concerning negotiations of this issue. See R. Exh. 1, page 2, paragraph C. The Union "felt that, to some degree, we already by statute had the protection for information request and there was no need to have it in there" (TR. 183). During the negotiations of the ground rules, the Union made no requests for the names and home addresses of unit employees. Ms. Bromley conceded that, in other negotiations in which she had participated, the union had not made information requests during ground rules negotiations. At the time the negotiations began, the Union's information request for the names, offices and home addresses of unit employees was the subject of the outstanding unfair labor practice charge described in finding 11, above. 13. On Wednesday, February 13, 1985, bargaining began. The parties spent the better part of this day clarifying the leave status of the Union's chief negotiator and determining whether she would receive official time for the negotiations. 14. The period of Thursday through Friday, February 14 and 15, 1985, was spent by the parties on housekeeping details and non-controversial aspects of negotiation of items that go into a memorandum of understanding (MOU), including posting of a copy of the MOU and its becoming effective upon signature. 15. The period of February 16-17, 1985, was a weekend and Monday, February 18 was a holiday. On or about February 19, and as already found, the Union determined to withdraw its charge of an unfair labor practice based upon Respondent's refusal of January 3 to furnish the names, office locations and home addresses of unit employees and to file a narrower request, that is for a more limited period of time. See finding 11, above. In a memorandum dated February 19, the chief negotiator for the FAO Council gave a written request for information to Respondent's chief negotiator. The request reads as follows: Pursuant to 5 USC 7114(b)(4), this constitutes our request for relevant and necessary information in order to continue to formulate proposals and to otherwise carry out our representational functions. We are hereby requesting that you provide us with the names and home addresses of employees represented by the FAO Council as of this date. Please provide this information as soon as possible. See G.C. Exh. 6. This request was given to Respondent's chief negotiator on the afternoon of February 19 or the morning of February 20. See TR. 164, 205, 206 and 247. No one on the Council's negotiating team orally amplified upon the need for the information. Respondent's negotiators looked at the request and indicated that the Council would not get the information. See TR. 165 and 270. Although the written request stated the need for the information, Respondent's negotiators asked the Union's chief negotiator why she needed it, to which question the Council's chief negotiator replied merely that she had been told to request the information and asked for a written reply. /4/ Respondent's negotiators told the Council's chief negotiator that "it would be virtually impossible" for Respondent to furnish the information sought (TR. 228-229), apparently meaning within the period set for bargaining by the parties' contract, which is 10 working days, but can be extended by mutual consent of the parties. See Jt. Exh. 1, pages 7 and 8. 16. By memorandum dated Feburary 20, 1985, Respondent's chief negotiator wrote to the Union's chief negotiator as follows: This is in reply to your information request of February 19, 1985 regarding your being provided the names and home addresses of employees represented by the Field Assessment Office Council. At this point in the negotiation process I do not find your request to be relevant or necessary to the outcome of these negotiations. The fact is that we have already had four days of negotiations during which we have exchanged information and poroposals (sic.) concerning the implementation and impact of placement procedures to be utilized for placement of employees under the FAO realignment. Nothing in either the union's nor management's proposals for procedures to place employees is dependent on the union having the names and home addresses of these employees. All proposals properly address the situation from a national prospective, ie. placing the employees based on positions and current component. Your February 20, 1985 request for the number of positions to be filled in the realigned (sic.) FAO components is a duplicate of your request of January 10, 1985. Management responded to this request January 28, 1985. Your requests, in my view represents an impediment to good faith bargaining and I am not furnishing the requested information. See G.C. Exh. 13. The FAO Council has never received the requested information. 17. At the hearing, the FAO Council's need for the names and home addresses was stated to be as follows: a. They would assist the FAO Council in formulating proposals and to carry out its representational functions, as stated in the written request (see finding 15 above) and "to be able to adequately represent bargaining unit members in terms of the issues that were at the table" (TR. 135). b. The FAO Council wanted to be able to identify the training needs of unit employees. As a result of the realignment, as many as 90 employees would be reassigned to new positions that would have duties different from their area of past work experience. The Council wanted to contact employees prior to the realignment to ascertain their work experience, so it could have some idea of the amount of training that would be needed and, after the realignment, to determine whether the employees received adequate training. c. The Council believed that certain employees would have to relocate as a result of the realignment and change commuting and carpool arrangements. See finding 7, above. The Council wanted to get feedback concerning such a change in their working conditions. d. The FAO Council wanted to contact employees to ascertain how many would be eligible for discontinued service retirement, which permits an employee whose position has been abolished to retire earlier than he or she would have under regular civil service retirement rules. A union concern during negotiations was the question of whether it would want to incorporate into its proposals something to encourage employees to take advantage of this, and thus limit the number of employees impacted by the realignment. e. The FAO Council wanted to determine how many employees would be eligible for the hardship exception to automatic reassignment. This exception permits employees, subject to automatic reassignment under the realignment, to request an exemption. Also, the negotiating team of the Council had some idea of the impact the reassignment would have on the employees in the New York area where the negotiations were being conducted; but it was not sure of the impact on employees in the other nine regions. Some of the unit employees might look forward to the change; but the FAO Council had no idea whether this was so or not. f. Shortly after the negotiations over the realignment began, Respondent notified the FAO Council that it intended to close certain satellite offices in 1985. The Council knew that it would want to bargain over these office closings. The negotiations over the office closings followed soon after the conclusion of the negotiations over the realignment. It would have been helpful to the Council, in representing the employees affected by the office closings, to have been able to contact them through their home addresses. The Council's negotiating team never advised the Respondent that this was a reason it wanted the information. g. Finally, the Council wanted the names and home addresses of unit employees in order to police the MOU. Apparently, the Council never explicitly advised Respondent that it wanted the information for this reason. See TR. 109-111 and 221. h. Although the negotiations over the realignment of the FAO have been concluded, the FAO Council still wants the names and home addresses of unit employees for the following reasons. The information would enable the Council to ascertain whether employees received training as provided for in the MOU and whether there were any ongoing problems associated with training. The parties discussed that at the bargaining table. Additionally, the Council wanted the information to get feedback from employees concerning the application of the MOU. Finally, the information will be helpful in connection with the impending negotiations concerning the closing of certain satellite offices. 18. The FAO Council did not request the names and home addresses of unit employees for the purpose of mailing out its newspaper, The Government Standard, or to expand its mailing lists. 19.(a) The negotiations over the realignment concluded on February 27, 1985 with the signing of the NOU. It included provisions on the placement of employees; hardship exceptions; 30 days written, advance notice of reassignments; furnishing copies of changed, modified, or newly developed position descriptions or performance standards to employees within 10 days of placement; training; relocation allowances for employees reassigned outside their commuting area; honoring outstanding leave requests; and posting copies of the MOU. Hardship exceptions, training, and relocation of employees were discussion topics from the outset of negotiations. (b) The MOU also provided that management would provide the Council with a list of employee preferences (concerning placement in FAO offices) and service computation dates, and a list of planned placement for all employees made pursuant to the FAO realignment. The Council intended to use this information to police the MOU, e.g., to determine whether management had taken seniority into consideration in placing employees under the realignment. A member of the management negotiation team commented, during the negotiations, that giving this information "takes care somewhat of your names and addresses" (TR. 219 and see also TR. 220 and 232). But the Council never agreed that this information was to take the place of the names and home addresses sought. 20. Respondent has access to the names and home addresses of unit employees in several documents. a. The first is the Employee Record Card, Standard Form 7-B. The Employee Record Card contains such information as the employee's name, home address, telephone number and emergency address. Employees are supposed to fill out this card when they go on duty or to a new office, and to notify the timekeeper, administrative aide, or manager if their address changes. The immediate supervisor of each employee maintains Standard Form 7-B in the employees' SF-7B file within each FAO office. The SF-7B file itself is supposed to be retained in a secure location (e.g., lockable desk or cabinet) at the immediate supervisory level. b. Respondent also maintains the names and home addresses of unit employees on Form SSA-4033, the Employee Locator Card. The Employee Locator Card is maintained by the administrative aide or timekeeper in each office. Employees are responsible for keeping the data up to date. The SSA Administrative Directive System Guide for this document provides, inter alia, that one of the uses made of the Employee Locator Record Card is the preparation of "Special listings" for use by "the Union." See G.C. Exh. 10, page 3, paragraph VI C. c. The names and home addresses of unit employees are also found on their payroll stubs, which are also coded with a "Union-Code" (G.C. Exh. 11). The Department of Health and Human Services (HHS) Central Payroll Office in Washington, D.C. generates the information on payroll stubs for SSA. The timekeeper or administrative aide in each office maintains a copy of the payroll stubs. Additionally, computerized payroll data is accessible via the HHS Central Payroll Office. d. Finally, the names and home addresses of unit employees are contained in the SF 171 (Personal Qualification Statement) of each employee which is located in each employees' official personnel folder. The latter is usually maintained in the regional city office in each FAO region. 21.(a) In addition to the printed formats described in finding 20, above, Respondent has an electronic teletype system, called SSADAR, which it uses to communicate with its offices, usually on matters that must go out to the field on an expedited basis. SSADAR is not in Respondent's satellite offices or field stations. Clearance from Respondent's central office is required to activate the SSADAR system. Respondent's Deputy Commissioner for Operations could have given the necessary approval based on a telephone request. (b) Respondent claims that using SSADAR to recover the information sought here would not be "practical" and that it would take less time just to call "everybody up on phone" (TR. 279). The evidence was not convincing that SSADAR could not be accessed quickly, once necessary approval to access was obtained, or that approval would be difficult or time consuming to obtain. 22.(a) In order to obtain the names and home addresses of the FAO bargaining unit represented by the FAO Council, immediately after the February 19 or 20, 1985, request, Mr. Matthews believes that he would have had to go to "each individual supervisor and probably 7-B files" (TR. 209). At the time of the February 1985 request, Respondent had "maybe 100, 125 individual supervisors out there" (TR. 210 and see also TR. 211). In order to get the information, Respondent would have first had to contact the ten regional commissioners. Mr. Matthews estimated that this task could not have been completed before June or July 1985. It was not shown that Mr. Matthews made any study or analysis of the logistics involved in retrieving names and home addresses of bargaining- unit employees; or that he talked to any supervisors to determine the difficulties involved; or that he talked to anyone in the Payroll Office to determine how soon the computer could process the information; or that he talked to the management official necessary to obtain permission to use the SSADAR system. No monetary costs for retrieval were "looked at" by Respondent (TR. 214). Mr. Matthews "presume(d)" that the retrieval process itself would have been "quite burdensome" (TR. 214). This presumption is based upon too little factual bases to be given credence. (b) Mr. Matthews considered going to HHS's Central Payroll Office for the information; but he ended up not making any request to it, because past experience has shown that it takes "an enormous amount of time," perhaps "months" to get information from this source. (TR. 216). (c) Because the closing of offices is "a continuous thing that will probably take place over the next couple of years . . ." with "people in the closed offices moving to other regional offices in other locations," Respondent does not believe that it "could come up with a list (of names and home addresses) that would be exact in terms of saying that (it) could pinpoint everybody even today and right now" (TR. 221-222). 23. The FAO Council has the home addresses of its members, which apparently number about 150. (The Council estimated that union membership at 30 percent of a 500-size unit). See finding 6, above. The Council established the following present methods of communicating with the non-member, unit employees and difficulties therewith, where applicable. a. The use of union officials on official time. The collective bargaining agreement provides for two national level officers, a local president or regional vice-president for each region, and a steward at each installation, plus an assistant steward at those installations with more than 100 unit employees. See Jt. Exh. 1, page 82. All these officials get a certain amount of official time to perform representation duties. Some are out of the office and in a travel status, on a regular basis, for several days out of a month, during which time they are unable to perform representational duties for the Council. Additionally, the Council has experienced difficulty in recruiting unit employees to serve as stewards because some do not believe that they can successfully combine their official and representational duties. Also, in some instances, only a few unit employees in an office belong to the Council. As a result, the Council has had to designate off-site stewards to represent unit employees in some offices. For example, the FAO office in Miami has only four unit employees and the steward for that office works in the Atlanta FAO office. b. Distributing union literature off Respondent's property. Unit employees in the FAO offices have flextime hours; are not clearly identifiable as unit employees; work in buildings with non-unit employees; and the buildings have more than one entrance and exit. These circumstances make distribution of union literature at building entrances and exits difficult. The Council considered use of its steward system to hand out leaflets to unit employees coming to and leaving work, but decided that it was "just impractical" (TR. 114). c. Distributing union literature on Respondent's property. Under the parties' collective bargaining agreement, the Council has the right to distribute union publications on Respondent's property. The contractual provision requires that both the Council representatives distributing the material, and the employees receiving it, be on non-duty time. In view of the flextime hours being kept, the Council representative would have to drop off the material very early or late in the working day, to assure that everyone receives it. d. Use of Respondent's internal mail service. By contrast, the Council has access to Respondent's internal mail service, but not for "mass mailings." See Jt. Exh. 1, page 22. e. Use of bulletin boards. The Council has access to bulletin boards in all of Respondent's facilities. Since they are in pbulic areas, management is privy to any union materials placed on them. Additionally, in the Dallas FAO office, the Council experienced one instance of difficulty in management removing union materials from a bulletin board. It led to the filing of an unfair labor practice dharge which was settled. f. Union newsletters. The Council does not have a newsletter. AFGE distributes one entitled The Government Standard. The Council can use the newsletter of locals which, except at Boston, have both unit and non-unit employees in them. However, the Council is dependent upon their publication schedules. It takes two or three weeks to prepare and publish a newsletter. g. Use of the Federal Telecommunications System (FTS). The Council may use the FTS for the conduct of labor-management relations, under the parties' contract. However, when Council locals have tried to call 5, 10, 15 or 20 unit employees, at one time, local management has stopped the usage as being "just too disruptive" (TR. 116). During the period of the FAO negotiations over the realignment here at issue, the Council negotiators were able to contact a maximum of 27 unit employees, to obtain feedback concerning what employees knew about changes planned in their offices, how relocation might affect them, and the extent to which they might need retraining. The Council's negotiators were limited to contacting only those unit employees known to them. h. Use of Respondent's photo copy equipment. The parties' contract allows the Council use of this equipment. i. Use of Respondent's shuttle. The parties' contract allows union representatives to use this mode of transportation. j. Use of the public address system. The parties' contract allows continued usage of this system at those facilities where it was so used prior to June 10, 1980. k. Non-duty use of meeting facilities. The parties' contract allows such usage with sufficient advance notice and where available and not already committed. l. Use of office space for confidential discussions between a bargaining unit member and a designated union representative. The parties' contract provides that Respondent will make reasonable efforts to provide such space, as available. m. Flash bulletins. The FAO Council President once sent out "a type of flash bulletin" to bargaining unit employees, but only about half the unit employees ever saw it, because of distribution difficulties (TR. 73-75 and 84). n. Introductions. Under the collective bargaining agreement, new employees are either introduced to their union representative or given a written statement that the name of their union representative is on the union bulletin board. In the Atlanta regional office, at least, a union representative is allowed to address new employees at orientation meetings held every two weeks. Discussion and Conclusions The General Counsel has established, by the preponderance of the evidence, /5/ that Respondent violated Section 7114(b)(4) of the Statute when during bargaining on a management proposal to realign the offices of unit employees, it refused to produce the names and home addresses of the Charging Party's bargaining unit on the ground that it did not find the request to be "relevant or necessary to the outcome of these negotiations." See finding 16, above. Under Section 7114(b)(4), an agency has the duty to furnish "data" that is: (1) not prohibited by law; (2) is normally maintained by the agency in the regular course of business; (3) is reasonably available; (4) is necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining; and (5) does not constitute guidance, advice, counsel, or training provided for management officials or supervisors relating to collective bargaining. It is undisputed, and clearly established, on this record, that the information sought here is "data;" that it is regularly maintained in the regular course of Respondent's business; and that it does not pertain to training given to supervisors relating to collective bargaining. See findings 15 and 20, above. Whether disclosure of the information is prohibited by law and is reasonably available and necessary are the disputed issues of law; and a discussion of each follows. 1. The disclosure of the names and home addresses of bargaining-unit employees is not prohibited by law, in this case. Since the complaint in this case was filed, the Authority has issued five decisions holding that agencies did not commit unfair labor practices when they declined to produce the home addresses of bargaining-unit employees sought by their exclusive representatives under Section 7114(b)(4) of the Statute, because the Privacy Act of 1947 prohibited such disclosure. See Farmers Home Administration Finance Office, St. Louis, Missouri, 19 FLRA No. 21, 19 FLRA 195 (July 22, 1985, hereinafter Farmers), petition for review filed sub nom. American Federation of Government Employees, AFL-CIO, Local 3354 v. FLRA, No. 85-1493 (D.C. Cir., August 6, 1985); Defense Mapping Agency Aerospace Center, St. Louis, Missouri, 19 FLRA No. 85, 19 FLRA 675 (August 12, 1985, hereinafter, Defense Mapping); Philadelphia Naval Shipyard, 19 FLRA No. 107, 19 FLRA 899, (August 22, 1985); Social Security Administration Northeastern Program Service Center, 19 FLRA No. 108, 19 FLRA 913 (August 22, 1985, hereinafter SSA NEPSC); and Department of Defense, Department of the Navy, Norfolk Naval Shipyard, Norfolk, Virginia, 20 FLRA No.44 (September 30, 1985, hereinafter Norfolk Naval Shipyard. The Privacy Act of 1947, Pub. L. No. 89-487, 80 Stat. 256 (codified as amended in 5 U.S.C. Section 552 (1982)), regulates the disclosure of information contained in an agency's records within a system of records that is retrieved by reference to an individual's name or personal identifier. It is undisputed, and clear that the names and home addresses sought here are in such a system. See finding 20, above. The Privacy Act permits disclosure of information "required" to be released under the Freedom of Information Act (FOIA) Pub. L. No. 89-487, 80 Stat. 256 (codified as amended at 5 U.S.C. Section 552 (1982)). As explicated by the Authority in Farmers: In general, the theory of the FOIA is that Federal government records should be disclosed in order to enable the public to review the actions of the government. However, there are also exemptions to the general disclosure requirements of the FOIA. Under exemption (b)(6) of the FOIA, an agency is allowed, e.g., to withhold personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of privacy. In determining whether material may be properly withheld in accordance with exemption (b)(6) of the FOIA, the Federal courts have struck a balance between the individual's privacy interest and the possible adverse or harmful effects on the individual which could result from disclosure, on the one hand, against the importance of the public's interest in having the information made available. (citing Department of the Air Force v. Rose, 425 U.S. 352 (1976)). /6/ See 19 FLRA at 197. The Authority has announced that it will use the same test applied by the courts in evaluating FOIA request, "i.e., balancing the necessity of the data for the union's purposes against the degree of intrusion on the individual's privacy interests caused by disclosure of the data" (Farmers, 19 FLRA at 197; and see also Defense Mapping, 19 FLRA at 677; Philadelphia Naval Shipyard, 19 FLRA at 900; SSA NEPSC, 19 FLRA at 915; and Norfolk Naval Shipyard, 19 FLRA No. 44, at page 3. The Authority has further announced that it would be guided by a decision of the U.S. Court of Appeals for the Fourth Circuit in which a union sought the home addresses of unit employees under FOIA. In this decision, American Federation of Government Employees, AFL-CIO, Local 1923 v. United States Department of Health and Human Services, 712 F.2d 931 (1983, hereinafter AFGE v. HHS), the Fourth Circuit struck the balance and ruled against disclosure. The language guide used by the Authority is found at 712 F.2d at 932 and is as follows: Employees have a strong privacy interest in their home addresses. Disclosure could subject the employees to an unchecked barrage of mailings and perhaps personal solicitations, for no effective restraints could be placed on the range of uses to which the information, once revealed, might be put. Further, even granting that collective bargaining is a matter of grave public concern, any benefits flowing from disclosure of the information sought would inure primarily to the union, in a proprietary sense, rather than to the public at large. Finally, as the District Court noted, alternative means of communication are available to the union, such as its bulletin board and indirect distribution through the employer. (footnote omitted). See Farmers, 19 FLRA at 197-198; and see also Defense Mapping, 19 FLRA at 677; Philadelphia Naval Shipyard, 19 FLRA at 901; SSA NEPSC, 19 FLRA at 915; and Norfolk Naval Shipyard, 20 FLRA No. 44, at page 4. In each of the above-cited Authority decisions, the Authority struck the balance in favor of nondisclosure, and noted that the unions in each had alternative means of communications with members of the bargaining unit. These means are set forth in footnote 7 to Farmers, as follows: In this regard, the Union could have communicated with unit employees through "desk drops" of information as authorized by the parties' collective bargaining agreement; direct distributions at entrances; meetings in conference rooms provided by management under the negotiated agreement; bulletin boards; and union stewards who had access to unit employees at their workplace. They are set forth in footnote 6 to Defense Mapping, as follows: In this regard, the Union could have communicated with unit employees, e.g., through the use of bulletin boards; the Respondent's bulletins and newspaper; meeting space during non-duty hours; Union newspapers distributed in non-security areas; semi-annual membership drives; and a network of Union officers and stewards with access to employees in non-security areas. The extent to which some of these means of communication were subject to restrictions, such as the Union's obligation to submit advance requests, does not in our opinion detract from our finding that the Union had alternative means of communication available, expecially as we note the long bargaining history of the parties, including matters with regard to means of communication. They are set forth in footnote 5 to Philadelphia Naval Shipyard, as follows: In this regard, the Union could have communicated with unit employees, e.g., through the use of its right, pursuant to the parties' collective bargaining agreement, to one steward for every 85 employees; through access to one-half of all unofficial bulletin boards, which are placed in accordance with Union recommendations; through access to the Respondent's weekly newspaper; through its own monthly newspaper and other literature which is distributed throughout the Shipyard; and through its holding of monthly meetings on and off the base. The extent to which some of these means of communication were subject to restrictions, such as the Respondent's right to approve Union entries in the Respondent's newspaper, or the times during which distributions may be made, does not in our opinion detract from our finding that the Union had alternative means of communication available, expecially as we note the established bargaining history of the parties, including matters with regard to means of communication. They are set forth in footnote 6 to SSA NEPSC, as follows: In this regard, the Union could have communicated with unit employees, e.g., through the use of open bulletin boards on each floor of the Respondent's facilities; through the distribution of its newsletter which is given out on a desk-to-desk basis four times a year by the Respondent; through additional on-site distributions of its own material; and through the use of its network of officers and stewards with access to unit employees. The extent to which some of these means of communication were subject to restrictions, such as the use of the internal mail system for mass mailings and the times during which publications may be distributed, does not in our opinion detract from our finding that the Union had alternative means of communication available, especially as we note the established bargaining history of the parties, including matters with regard to means of communication. They are set forth in footnote 6 to Norfolk Naval Shipyard, as follows: In this regard, the Union could have communicated with unit employees, e.g., through the use of its right, pursuant to the parties' collective bargaining agreement: to meet with new employees; to space for regular meetings; to Union office space; to a steward system; to exclusive use of bulletin boards located in each shop; and to access to the Respondent's newsletter. Further, the record indicates that the Union also has access to unit employees through the distribution of its own newsletter to each shop at the Respondent's facilities. The extent to which some of these means of communication were subject to restrictions, such as the Union's obligation to submit advance requests for meeting times, does not in our opinion detract from our finding that the Union had alternative means of communication available, expecially as we note the long bargaining history of the parties, including matters with regard to means of communication. The similarities between the "alternative means of communication" cited in the above footnotes and those in this case are marked. Compare the facts recited in the above footnotes to finding 23, above. However, the distinctions between the five, above-cited Authority cases and this case are also marked. First of all, the request here was made while the exclusive representative of the unit employees was at the bargaining table and trying to formulate proposals over a management decision to realign their offices. The realignment could result in unit employees being reassigned to a different job. It could also result in some being relocated, even to a different State, and thus having to change their home address. Nothing strikes closer to an employee's heart than where he or she must work and what job he or she must perform. Under these circumstances, most if not all employees would gladly yield their privacy interests in their present home addresses to their exclusive representative, so that their representative could strike the best possible bargain on retraining them for their new jobs and obtaining maximum relocation allowances for those forced to relocate and obtain new home addresses -- items which the Council was bargaining about when the Council made the request for the names and home addresses of unit employees. See finding 19, above. Paraphrasing the guide which the Authority intends to follow in weighing disclosure versus nondisclosure (AFGE v. HHS), the benefits flowing from disclosure of the information sought would inure primarily to the unit employees, and only to the Council in that it would allow the Council to represent the interests of the unit in a more intelligent and effective manner. In its Norfolk Naval Shipyard decision, the Authority expressly noted that the request there was "not in connection with a grievance or any specific bargaining proposals." See page 2 of 20 FLRA No.44, emphasis supplied. Secondly, most unit employees are not members of the Council; and their names are apparently unknown to the Council, which thinks the unit size is about 500, whereas it is, in fact, about 900 or more. See finding 6, above. In all but the Norfolk Naval Shipyard decision, it was established in each of the Authority decisions ruling in favor of nondisclosure that the unions had, at least, been given the names of those in the unit. (In Norfolk Naval Shipyard the union must have had the names; and, in any event it sought only the home addresses). Lacking the names of all unit employees severely restricts the Council's use of the alternative means of communication available to it, such as the use of the FTS and internal mail service, in seeking to represent non-members. And, thirdly, the bargaining-unit employees here involved were dispersed throughout the country, rather than in one metropolitan area or a single shipyard as was the situation in the five, above-cited Authority decisions wherein the Authority found that the balancing test favored nondisclosure. Working in one metropolitan area or a single shipyard, a union's network of officers and stewards can much more readily reach the unit employees than in the situation here. Here, the short-handed network of stewards, not even knowing the names of all the unit employees, would be hard pressed to reach all, to ascertain their preferences and needs on bargaining proposals currently under negotiation at the time the request for names and home addresses was made. Since the Authority has announced that it will "use a balancing test" in each case to weigh disclosure versus nondisclosure, it must intend to favor disclosure, under appropriate circumstances. This case, in my judgment, presents that set of circumstances. /7/ 2. The information sought is reasonably available. See finding 20, above. Respondent protests otherwise, and points to two facts -- that the request was made "at the mid-point of the negotiations;" and that the requests could not be satisfied "practically overnight" (R. BR. 13-14). It is true that the request was so timed; that it would take a while to compile the information; and that Article 4 of the parties' collective bargaining agreement provides for completion of bargaining within 10 days. However, the contract also provides that all time frames under Article 4 may be modified by mutual consent. Although a witness for Respondent testified to the logistical problem of obtaining the names and home addresses of the unit employees, he had not undertaken any study or analysis of the logistics involved. Nor had he made any actual attempts to contact supervisory personnel to determine the difficulties involved in extracting the information from files held by them. Nor had he contacted the Central Payroll Office to determine how soon that office's computer could generate the names and home addresses sought. Since the payroll stubs generated by the computer bear a "Union Code" (see finding 20 c, above), the computer might have been able to accomplish this in a short time. The Authority has just ruled that evidence showing data is not reasonably available "falls within the purview of (an agency's) special knowledge relating to the data sought," under Section 7114(b)(4). See U.S. Nuclear Regulatory Commission, 20 FLRA No. 35 (1985) and footnote 26 to Administrative Law Judge Louis Scalzo's decision, which the Authority adopted. An agency's burden of proff that data is not reasonable available is not met by the type of speculative evidence adduced in this case. 3. The information sought is necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining. It is manifest that, in order to frame intelligent bargaining proposals, a union must be able to communicate effectively with the employees in the unit it represents -- to obtain their views on bargaining priorities; to ascertain their concerns; and to obtain information. See Internal Revenue Service, Office of the District Director, Jacksonville District, Jacksonville, Florida, FLRC No. 72A-50, 2 FLRC 106, 109 (1974), a decision under Executive Order 11491, the precursor of the Statute. And see also a decision under the National Labor Relations Act, Prudential Insurance Co. of America v. N.L.R.B., 412 F.2d 77, 84 (2d Cir., 1969), cert. denied, 396 U.S. 928 (1969). This, and other private sector cases involving labor relations have recognized that the names and home addresses of bargaining unit employees are necessary for this purpose. See e.g., United Aircraft Corp. v. National Labor Relations Board, 434 F.2d 1198 1204 (2d Cir. 1970), cert. denied, 401 U.S. 993 (1971) and Magma Copper Co., 208 NLRB 329 (1974). In the instant case, the Council was at the bargaining table negotiating over a proposed realignment affecting offices where unit employees work. The realignment could have resulted in the forced relocation of unit employees to perform new assignments. The Council requested the names and home addresses of the unit employees in order to identify their training needs; to ascertain their work experience so that the Council would have some idea of the amount of training needed; to obtain feedback on their commuting and carpool arrangements and how a relocation would affect them; to ascertain how many would be eligible for discontinued service retirement so that the Council would know whether to seek some agreement to encourage such retirements, and thus limit the number of employees impacted by the realignment; and to determine how many would be eligible for the hardship exception to automatic reassignments. This information was necessary to assist the Council in continuing to formulate proposals and to set bargaining priorities. While the Council's negotiation team had been able to contact 27 employees personally known to members of the team, it had no idea of what the other unit employees faced or wanted. Alternative means of communicating with unit employees were ineffective for this type of confidential exchange between unit employees and their exclusive representative, particularly since the Council could not even identify just who the unit employees were, other than those who were Council members. See findings 6 and 23, above. Under Section 7114(a)(1) of the Statute, the Council has a statutory duty to represent and bargain for non-members as well as members. In the case at bar, the Council estimated that only about thirty percent of the unit employees belonged to the Council. Acutally, the percentage may be considerably smaller, because the Council's estimate was based upon a belief that the unit was only approximately 500 in number, and I have credited the testimony of Respondent's witness that, in fact, it was about 900 in number. See finding 6, above. Private sector cases have compelled production of names and home addresses where the percentage of union membership far exceeded that percent. See, e.g., Magma Copper Co., 208 NLRB at 330 where the membership was 60 percent of bargaining unit. With such a low percentage of members, it was necessary for the Council to be able to contact non-members in order to assess the needs and interests of the bargaining unit as a whole. Moreover, the necessity for the data has not ceased merely because the realignment negotiations have concluded. The Council still needs the names and home addresses to police the agreement reached and to prepare for additional negotiations concerning the closing of certain FAO satellite offices also impacting upon unit employees, and as to which the Council has requested bargaining. Respondent does not really argue that the information sought was not necessary. Rather, it argues that the Council "just refused or was not interested in providing any explanation to the Respondent at any time prior to the hearing as to why the information was necessary or relevant" (R. BR. 10-11). Such an explanation is required of a requesting union, if only to enable the agency to determine whether the Privacy Act prohibits disclosure. However, a union is not required to state, and then restate the obvious. Here, the parties were in negotiations over a management proposal to realign 10 regional offices and had already discussed, but not reached agreement on such topics as training for reassigned employees, hardship exceptions to relocations and reassignments, and discontinued service retirements. The Council made a written request for the information in order "to continue to formulate proposals" (see finding 15, above). What more emplicit reason did Respondent really need? /8/ The fact that the Council's negotiating team gave no further, oral explanation does not "bar it" from entitlement, as Respondent ultimately agreed to give the Council certain, different information, in order to police the agreement. See R. BR. 13 and finding 19 b, above. This information would come to the Council too late for the purpose of formulating proposals and setting bargaining priorities. Ultimate Findings and Recommended Order Respondent has committed the unfair labor practice alleged in the complaint and thereby violated Sections 7116(a)(1), (5) and (8) of the Statute. Accordingly, and pursuant to 5 CFR Section 2423.29 and 5 U.S.C. Section 7118 of the Statute, it is hereby ordered that the Department of Health and Human Services, Social Security Administration, shall: 1. Cease and desist from: (a) Refusing and failing to furnish, upon request of American Federation of Government Employees, AFL-CIO, or its agent, the National Council of SSA Field Assessment Locals, the names and home addresses of all Field Assessment Office employees represented by it. (b) In any like or related amnner interfering with, restraining, or coercing its employees in the exercise of their rights assured by the Statute. 2. Take the following affirmative actions in order to effectuate the pruposes and policies of the Statute: (a) Upon request of the American Federation of Government Employees, AFL-CIO, or its agent, the National Council of SSA Field Assessment Locals, furnish the names and home addresses of all Field Assessment Office employees represented by it. (b) Post at its facilities, in each regional office employing Field Assessment Office employees constituting the bargaining unit represented by the National Counsel of SSA Field Assessment Locals, 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 head of the Field Assessment Office component of the Social Security Administration, and shall be posted and maintained for 60 consecutive days thereafter in conspicuous places, including 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 5 CFR Section 2423.30, notify the Regional Director, Region II, Federal Labor Relations Authority, 26 Federal Plaza, Room 2237, New York, New York 10278, in writing, within 30 days from the date of this Order as to what steps have been taken to comply herewith. /s/ ISABELLE R. CAPPELLO Administrative Law Judge Dated: October 9, 1985 Washington, D.C. --------------- FOOTNOTES$ --------------- (*) When the Authority decided, for reasons discussed more fully in FHAFO, to review the entire issue of the release of employees' names and home addresses and invited agencies, unions, and interested persons to submit amicus briefs addressing the issue, this case was one of those listed as being under consideration. The Union and the Respondent filed amicus briefs in response to the Authority's invitation. The Union contends that the Respondent's submission should not be accepted because it was filed one day late. The Authority accepted and considered some amicus submissions that were received shortly after the date set in the Authority's Federal Register notice, including the Respondent's amicus brief. However, we note that there is nothing in the disputed submission that would alter our decision in this matter. (1) These statutory provisions are as follows: Section 7114(b) provides that: 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 reasonable available and necessary for full and proper discussion, understnading, 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 . . . . Section 7116 provides, in pertinent part, that: (a) For the purposes 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 . . . or (8) to otherwise fail or refuse to comply with any provision of this chapter. (2) The following abbreviations will be used. "TR" refers to the transcript. "G.C. Exh." refers to the exhibits of the General Counsel, "R. Exh." to those the Respondent, and "Jt. Exh." to the Joint Exhibit. "G.C. BR." refers to the brief of the General Counsel and "R. BR." to that of Respondent. Corrections to the transcript are appended hereto, and are made pursuant to 5 CFR 2423.19(r) and the unopposed motion of the General Counsel, which is granted, with a few corrections and exceptions as shown in the appendix. (3) The Council's chief negotiator so testified. See TR. 131, 141 and 138. Mr. Matthews, testified that "(b)asically nobody was going to move" (TR. 237). However, it is undisputed that the memorandum of agreement negotiated provided for relocation allowances for employees reassigned outside their commuting area. See G.C. Exh. 13, page 3, para. 6. So some relocations must have been expected. Accordingly, I credit the testimony of the Council's witness. (4) Ms. Reynolds could not recollect this. See TR. 271-277 and 280. However, Ms. Bromley and Mr. Matthews both so testified and appeared positive and truthful. See TR. 206-208, 217-218, 235, and 279-280. I credit their testimony on this point. (5) This is statutory burden of proof. See 5 U.S.C. Section 7118 (7) and (8). (6) In this case, the Supreme Court also emphasized that "disclosure, not secrecy, is the dominant objective of the (FOIA) . . . and (exemptions to it) must be narrowly construed" (425 U.S. at 361). (7) Administrative Law Judge William B. Devaney, in Department of Health and Human Services, Social Security Administration, Case No. 5-CA-50187 (OALJ-85-136) held, on September 18, 1985, that the recent Authority decisions, above cited, constrained him to find that the Privacy Act prohibited the disclosure of home addresses of unit employees. In that case, the unit was dispersed throughout Northeastern Ohio, but not nationwide, as here. And the request did not come in the middle of negotiations over a matter of such strong employee interest, as here. Thus, that case is distinguishable from this, on its own particular facts. (8) To the extent that Council witnesses testified at the hearing that they needed the information to police the agreement, I would agree that Respondent was not given this reason in time for it to perform the balancing test required for Privacy Act considerations. 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 STATES CODE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE WE HEREBY NOTIFY OUR EMPLOYEES THAT: WE WILL NOT refuse or fail to furnish, upon request of the American Federation of Government Employees, AFL-CIO, or its agent, the National Council of SSA Field Assessment Locals, the names and home addresses of all unit employees represented by it. WE WILL NOT in any like or related manner, interfere with, restrain, or coerce employees in the exercise of their rights assured by the Federal Service Labor-Management Relations Statute. WE WILL, upon request of the American Federation of Government Employees, AFL-CIO, or its agent, the National Council of SSA Field Assessment Locals, furnish the names and home addresses of all unit employees represented by it. (Agency or Activity) Dated: By: (Signature) 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 any of its provisions, they may communicate directly with the Regional Director of the Federal Labor Relations Authority, Region II, whose address is: 26 Federal Plaza, Room 2237, New York, New York 10278 and whose telephone number is: (212) 264-4934.