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26:0491(59)CA
The decision of the Authority follows:
26 FLRA No. 59
DEPARTMENT OF HEALTH AND
HUMAN SERVICES, SOCIAL SECURITY
ADMINISTRATION, OFFICE OF HEARINGS
AND APPEALS, REGION II
Respondent
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1760
Charging Party
Case No. 2-CA-60465
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
on a stipulation of facts by the parties, who have agreed that no
material issue of fact exists. The Respondent and the General Counsel
have filed briefs.
The complaint, issued November 26, 1986, alleges that the Respondent
violated section 7116(a)(1), (5) and (8) of the Federal Service
Labor-Management Relations Statute (the Statute) by refusing to furnish
the Union with the names and home addresses of bargaining unit employees
it represents. The request was made under section 7114(b)(4) of the
Statute. We conclude that the Respondent violated the Statute as
alleged.
II. Facts of the Case
On March 10, 1986, the Union, which is the exclusive representative
of a unit of the Respondent's employees, requested the names and home
addresses of unit employees. The Union sought the data under section
7114(b)(4) of the Statute. The Union stated that the information was
necessary to solicit employees' views on a management program to
redesign the disability review process, resource allocations and a
modernization program. On March 25, 1986, the Respondent supplied the
names and office locations of unit employees but denied the request for
home addresses, stating its "understanding that you are not entitled to
the home addresses . . . under existing FLRA case law(.)" The Respondent
suggested that the Union "discuss alternative means of accessibility" to
unit employees with its labor relations coordinator.
On July 5, the Union again requested the home addresses and asked
that if the request were denied, the Respondent suggest specific
alternative means of accessibility. The Respondent replied on July 23,
suggesting specific options. Finally, on August 1, the Union reiterated
its request and explained why the various options for contacting
employees were inadequate substitutes. The parties stipulate
specifically that the information is maintained by the Respondent in the
regular course of business, is reasonably available and necessary for
full and proper discussion of subjects within the scope of collective
bargaining, and is not guidance, advice, counsel or training for
management officials or supervisors related to collective bargaining.
III. Positions of the Parties
The Respondent argues that disclosure of the home addresses of its
employees is prohibited by law. It asserts that the Freedom of
Information Act exception to the Privacy Act does not apply because of
the alleged substantial privacy interest involved and because the public
interest in disclosure is not great.
Although the Respondent stipulated that the information requested "is
reasonably available and necessary for full and proper discussion,
understanding and negotiation of subjects within the scope of collective
bargaining," (Stipulation 12(b)), the Respondent argues in its brief
that the General Counsel failed to meet the burden of proving that
disclosure of the data was relevant and necessary to the Union's duties
in representing employees. The Respondent argues that 13 provisions of
the parties' National Agreement provide methods for the Union to
communicate with unit employees. The Respondent further argues that the
Union should have acquired the right to home addresses through
collective bargaining "if it suspected that these means were inadequate
to permit it to effectively discharge its representational duties."
(Respondent's brief at 15).
The General Counsel argues that the Authority's decision on remand in
Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA
No. 101 (FHAFO), 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), settled
the issue that disclosure of names and home addresses is not prohibited
by law, and that the requirements of section 7114(b)(4) were met.
IV. Analysis and Conclusions
On October 31, 1986, we issued our Decision and Order on Remand in
FHAFO. We concluded that the release of names and home addresses of
bargaining unit employees to 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 to furnish data to an
exclusive representative 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.
A. Disclosure of Names and Home Addresses is Not
Prohibited
Based on our decision on remand in FHAFO, we reject the arguments of
the Respondent that disclosure of home addresses of unit employees is
prohibited by law.
B. The General Counsel Has Established that the Data is
Necessary for the Union to Fulfill Its Obligations
As to the Respondent's argument that the information was not
necessary, the Respondent stipulated that the information sought was
necessary. But even assuming, for the sake of argument, that the
Respondent did not mean what is suggested by the plain language of the
stipulation, as we noted in FHAFO, we will not review the adequacy of
alternative methods of communication on a case-by-case basis. As we
stated, communication which would be facilitated by release of home
addresses is "fundamentally different from other communication through
alternative means which are controlled in whole or in part by the
agency." (Slip op. at 9).
C. Conclusion
In view of the foregoing, we conclude that the Respondent violated
section 7116(a)(1), (5) and (8) of the Statute by refusing to provide
the Union with home addresses of bargaining unit employees.
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 Department of Health and Human Services, Social Security
Administration, and Social Security Administration, Office of Hearings
and Appeals, Region II, shall:
1. Cease and desist from:
(a) Refusing to furnish, upon request of American Federation of
Government Employees, AFL-CIO, Local 1760, the exclusive
representative of a unit of its employees, the 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) Upon request by the American Federation of Government
Employees, AFL-CIO, Local 1760, the exclusive representative of a
unit of its employees, furnish it with the home addresses of
employees in the bargaining unit it represents.
(b) Post at its facilities in Region II where bargaining unit
employees represented by American Federation of Government
Employees, AFL-CIO, Local 1760 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 Department of Health and Human
Services, Region II, 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. March 31, 1987.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY
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 American Federation of
Government Employees, AFL-CIO, Local 1760, the exclusive representative
of a unit of our employees, the 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 by the
Federal Service Labor-Management Relations Statute.
WE WILL upon request by the American Federation of Government
Employees, AFL-CIO, Local 1760, the exclusive representative of a unit
of our employees, furnish it with the 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, Region II, Federal Labor Relations Authority, whose address
is: 26 Federal Plaza, Rm. 3700, New York, N.Y. 10278, and whose
telephone number is: (212) 264-4934.