[ v27 p770 ]
27:0770(83)CA
The decision of the Authority follows:
27 FLRA No. 83
LONG BEACH NAVAL SHIPYARD
LONG BEACH, CALIFORNIA
Respondent
and
FEDERAL EMPLOYEES METAL TRADES
COUNCIL, AFL-CIO
Charging Party
Case No. 8-CA-70137
DECISION AND ORDER
I. Statement of the Case
This matter is before the Authority under section 2429.1(a) of our
regulations based on the parties' stipulation of facts. The commplaint
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 provide the Union with names and home addresses of
bargaining unit employees. The Respondent and the General Counsel filed
briefs. For the reasons below, we find that the Respondent has
committed the unfair labor practices as alleged.
II. Facts
The Union is the exclusive representative of a unit of all ungraded
employees of the Respondent at its Long Beach, California facility. By
letter dated November 12, 1986, the Union requested names and home
addresses of all unit employees. On or about December 8, 1986, the
Respondent denied the request.
The parties have stipulated that the information sought by the Union
is normally maintained by the Respondent in the regular course of
business, is reasonably available and does not constitute guidance,
counsel or training for management officials or supervisors, relating to
collective bargaining.
III. Positions of the Parties
A. The Respondent
The Respondent asserts that disclosure of the information requested
by the Union is not required by section 7114(b) of the Statute because
such disclosure is prohibited by law under the Privacy Act. The
Respondent also asserts that the information is not necessary for the
Union to carry out its representational duties, and that the existence
of sufficient alternative means of communicating with unit employees
should be considered.
B. The General Counsel
The General Counsel argues that our decision in Famers Home
Administration Finance Office, St. Louis, Missouri, 23 FLRA No. 101
(1986), petition for review filed sub nom. U.S. Department of
Agriculture and the Farmers Home Administration Office, St. Louis,
Missouri v. FLRA, No. 86-2579 (8th Cir. Dec. 23, 1986) is controlling in
this case. The General Counsel submits that the Respondent's refusal to
provide the home addresses of bargaining unit employees violates section
7114(b)(4) of the Statute and constitutes the unfair labor practices
alleged in the complaint.
IV. Analysis and Conclusions
In our decision on remand in Farmers Home, we held that the release
of the 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 of section 7114(b)(4). Our decision in Farmers Home
analyzed the two exceptions to the Privacy Act's bar to disclosure of
personal information pertinent to the release of employees' names and
home addresses: exception (b)(2) concerning the Freedom of Information
Act, and exception (b)(3) relating to "routine use" of information. We
found that both exceptions to the Privacy Act's bar applied so as to
authorize release of the information under the Privacy Act.
We also found in Farmers Home that the release of the information is
generally required without regard to whether alternative means of
communication are available. Further, from the parties' stipulation, it
is evident that the other requirements of section 7114(b)(4)(A), (B) and
(C) have been met. Consistent with our decision in Farmers Home, we
therefore find that the Respondent was required to furnish the Union
with the home addresses of the employees in the bargaining unit. Its
refusal to do so violated section 7116(a)(1), (5) and (8) of the
Statute.
ORDER
Pursuant to section 2423.29 of the Authority's Rules and Regulations
and section 7118 of the Federal Service Labor-Management Relations
Statute, Long Beach Naval Shipyard, Long Beach, California, shall:
1. Cease and desist from:
(a) Refusing to furnish upon request of the Federal Employees
Metal Trades Council, AFL-CIO, the exclusive representative of a
unit of its employees, the names and home addresses of all
bargaining unit employees located at its Long Beach, California
Naval Shipyard.
(b) In any like or related manner, interfering with,
restraining, or coercing its employees in the exercise of rights
assured 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 Federal Employees Metal Trades Council,
AFL_CIO, the exclusive representative of its employees, furnish it
with the names and home addresses of all bargaining unit employees
located at its Long Beach, California Naval Shipyard.
(b) Post at its facility 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 of the Long Beach Naval Shipyard and shall be posted and
maintained for 60 consecutive days thereafter, in conspicuous
places, including all bulletin boards and other places where
notices to employees are customarily posted. Reasonable steps
shall be taken to ensure that such notices are not altered,
defaced, or covered by any other material.
(c) Pursuant to section 2423.30 of the Authority's Rules and
Regulations, notify the Regional Director, Region VIII, Federal
Labor Relations Authority, Los Angeles, California, 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., June 26, 1987.
Jerry L. Calhoun, Chairman
Henry B. Frazier III, Member
Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY
NOTICE TO ALL EMPOLOYEES 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 Federal Employees
Metal Trades Council, AFL-CIO, the exclusive representative of a unit of
our employees, the names and home addresses of all bargaining unit
employees located at our Long Beach California, Naval Shipyard.
WE WILL NOT in any like or related manner, interfere with, restrain,
or coerce our employees in the exercise of rights assured them by the
Federal Service Labor-Management Relations Statute.
WE WILL upon request by the Federal Employees Metal Trades Council,
AFL-CIO, the exclusive representative of a unit of employees, furnish it
with the names and home addresses of all bargaining unit employees
located at our Long Beach, California Naval Shipyard.
. . . (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 VIII, Federal Labor Relations Authority, whose address
is: 350 South Figueroa Street, 10th Floor, Los Angeles, California,
90071 and whose telephone number is: (213) 894-3805.