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29:0083(9)CA
The decision of the Authority follows:
29 FLRA NO. 9
DEPARTMENT OF THE NAVY
NAVAL AIR REWORK FACILITY
PENSACOLA, FLORIDA
Respondent
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, COUNCIL 257, AFL-CIO
Charging Party
Case No. 4-CA-70176
DECISION AND ORDER
The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Respondent had engaged in the unfair labor practices alleged in the complaint by refusing to furnish, upon request of the Charging Party, the names and home addresses of employees in the bargaining unit. The Judge granted the General Counsel's notion for summary judgment and recommended that the Respondent be ordered to take appropriate remedial action. The Respondent filed exceptions to the Judge's Decision and the General Counsel filed an opposition to the Respondent's exceptions.
Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor - Management Relations Statute (the Statute), we have reviewed the rulings of the Judge and find that no prejudicial error was committed. The rulings are hereby affirmed. Upon consideration of the Judge's Decision and the entire record, we adopt the Judge's findings, conclusions, and recommended Order.
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 the Navy, Naval Air Rework Facility, Pensacola, Florida shall:
1. Cease and desist from:
(a) Refusing to furnish, upon request of the American Federation of Government Employees, Council 257, AFL - CIO, the exclusive representative of a bargaining unit of its employees, the names and home addresses of all employees in the bargaining unit it represents.
(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of the rights assured them by the Statute.
2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute:
(a) Furnish the American Federation of Government Employees, Council 257, AFL - CIO, the exclusive representative of a bargaining unit of its employees, the names and home addresses of all employees in the bargaining unit it represents.
(b) Post at all facilities where bargaining unit employees represented by the American Federation of Government Employees, Council 257, AFL - CIO, are located, copies of the attached Notice on forms to be furnished by the Federal Labor Relations Authority. Upon receipt of such forms, they shall be signed by the Commanding Officer of the Naval Air Rework Facility, Pensacola, Florida and shall be posted in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted, and shall be maintained for 60 consecutive days thereafter. Reasonable steps shall be taken to ensure that such notices are not altered, defaced, or covered by any other material.
(c) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region IV, 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., September 25, 1987.
Jerry L. Calhoun, Chairman
Henry B. Frazier III, Member
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 or fail to furnish, upon request of the American Federation of Government Employees, Council 257, AFL - CIO, the exclusive representative of a bargaining unit of our employees, the names and home addresses of all employees in the bargaining unit it represents.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce our employees in the exercise of their rights assured then by the Federal Service Labor - Management Relations Statute.
WE WILL furnish the American Federation of Government Employees, Council 257, AFL - CIO, the exclusive representative of a bargaining unit of our employees, the names and home addresses of all employees in the bargaining unit it represents.
____________________________
(Activity)
Dated:______________________By:____________________________
(Signature) (Title)
This Notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced, or covered by any other material.
If employees have any questions concerning this Notice or compliance with its provisions, they may communicate directly with the Regional Director, Region IV, Federal Labor Relations Authority, whose address is: 1371 Peachtree Street, N.E., Suite 736, Atlanta, Georgia 30367, and whose telephone number is: (404) 347-2324.
DEPARTMENT OF THE NAVY
NAVAL AIR REWORK FACILITY
PENSACOLA, FLORIDA
Respondent
and
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
COUNCIL 257, AFL-CIO
Charging Party
Case No. 4-CA-70176
Mr. Robert J. Gilson
For the Respondent
Philip T. Roberts, Esquire
For the General Counsel, FLRA
Before: GARVIN LEE OLIVER
Administrative Law Judge
DECISION
Statement of the Case
This decision concerns an unfair labor practice complaint issued by the Regional Director, Region IV, Federal Labor Relations Authority, Atlanta, Georgia, against the Department of the Navy, Naval Air Rework Facility, Pensacola, Florida (Respondent), based on a charge filed by the American Federation of Government Employees, Council 257, AFL - CIO, (Charging Party or Union). The complaint alleged, in substance, that Respondent violated sections 7116(a)(1), (5) and (8) of the Federal Service Labor - Management Relations Statute, 5 U.S.C. 7101 et seq. (the Statute), by refusing to furnish the Union upon request with the names and home addresses of all bargaining unit employees represented by the Union pursuant to section 7114(b)(4) of the Statute. 1
Respondent's answer, as amended, admitted the jurisdictional allegations as to the Respondent, the Union, and the charge; that, on or about November 10, 1986, the Union, the exclusive representative of a unit of Respondent's employees, requested the names and home addresses of employees in the Union bargaining unit; and that, on or about December 4, 1986, an agent of the Respondent denied the Union's request for the information. Respondent's answer, as amended, also admitted that the names and home addresses are normally maintained by the Respondent in the regular course of business; are reasonably available; and do not constitute guidance, advice, counsel or training provided for management officials or supervisors relating to collective bargaining. Accordingly, such matters are found to be established.
Respondent's answer, as amended, denied that the information requested is necessary or full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining. Respondent also denied any violation of the statute.
On or about May 15, 1987, Counsel for the General Counsel moved for summary judgment and submitted a supporting brief. The Regional Director transferred the motion to the Chief Administrative Law Judge, pursuant to section 2423.22(b)(1) of the Regulations, and it was assigned to the undersigned for disposition pursuant to section 2423.19(k) and section 2423.22(b)(3) of the Regulations. Respondent served its opposition on June 2, 1987.
Positions of the Parties
Respondent requests a hearing in order to introduce evidence on the sufficiency of the means available to the union to communicate with employees in the unit. Respondent also contends that the basis for the Union's request does not meet the requirement under the Statute that the information must be "necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining." Respondent asserts that the Authority's decision on remand in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA No. 101(1986)(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) is in error as the Authority failed to give greater consideration to the potential abuses inherent in the disclosure of employees' Lome addresses. Respondent contends that such disclosure constitutes a clearly unwarranted invasion of employees' privacy and does not properly fall under exception (b)(3) of the Privacy Act, 5 U.S.C. 552(b)(3), as a "routine use."
The General Counsel contends that in light of the Authority's decision in FHAFO there are no disputed issues of material fact, and it is entitled to summary judgment as the Respondent's failure and refusal to provide the employees' names and home addresses to the Union in this case constitutes a refusal to comply with section 7114(b)(4) and a violation of section 7116(a)(1), (5) and (8) of the statute.
Discussion and Conclusions
In FHAFO the Authority held that "the statutory requirement concerning sufficiency of a request under section 7114(b)(4) is satisfied for requests such as that involved here (for names and home addresses) when a general written request for the information is made. A precise explication of the reasons for the request involved here is not necessary." The Authority also emphasized that names and home addresses of bargaining unit employees should be provided whether or not alternative means of communication are available. The Authority stated, "We will not review the adequacy of alternative methods of communication on a case-by-case bases." In view of the Authority's FHAFO decision it is concluded that facts as to the purpose of the request and whether or not alternative means of communication are available between unit employees and their exclusive representative are not material.
There being no dispute as to any material fact, it is concluded that the General Counsel is entitled to summary judgment as a matter of law under the Authority's decision in FHAFO. There the Authority gave full consideration to the many issues raised by requiring disclosure of names and home addresses of federal employees. The Authority analyzed the interplay of the statute, the Privacy Act, and the Freedom of Information Act, and concluded that, "the release of names and home addresses to the Union is not prohibited by law, is necessary for the Union to fulfill its duties under the Statute, and meets the other requirements of section 7114(b)(4)."
Inasmuch as the Union's request meets all of the requirements established by section 7114(b)(4), Respondent's refusal to provide the Union with the names and home addresses violated section 7116(a)(1), (5), and (8) of the Statute, as alleged.
Based on the foregoing, the General Counsel's motion for summary judgment is granted. It is recommended that the Authority issue the following Order:
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 the Navy, Naval Air Rework Facility, Pensacola, Florida shall:
1. Cease and desist from:
(a) Refusing to furnish, upon request of the American Federation of Government Employees, Council 257, AFL - CIO, the exclusive representative of a bargaining unit of its employees, the names and home addresses of all employees in the bargaining unit it represents.
(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of the rights assured them by the Federal service Labor - Management Relations Statute.
2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute.
(a) Furnish AFGE, Council 257, AFL - CIO, the exclusive representative of a bargaining unit of its employees, the names and home addresses of all employees in the bargaining unit it represents.
(b) Post at its facilities where said bargaining unit employees 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 a senior official 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 IV, 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.
GARVIN LEE OLIVER
Administrative Law Judge
Dated: June 19, 1987
Washington, D.C.
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 to furnish, upon request of the American Federation of Government Employees, Council 257, AFL - CIO, the exclusive representative of a bargaining unit of our employees, the names and home addresses of all employees in the bargaining unit it represents.
WE WILL NOT in any like or related manner, interfere with, restrain, or coerce our employees in the exercise of the rights assured them by the Federal Service Labor - Management Relations Statute.
WE WILL furnish AFGE, Council 257, AFL - CIO, the exclusive representative of a bargaining unit of our employees, the names and home addresses of all employees in the bargaining unit it represents.
_____________________________
(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 IV, whose address is: 1371 Peachtree Street, N.E., Suite 736, Atlanta, Georgia 30367, and whose telephone number is: (404) 347-2324.
FOOTNOTES
Footnote 1 Section 7114(b)(4) provides: (b) the duty of an agency and an exclusive representative to negotiate in good faith . . . 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; (C) which does not constitute guidance, advice, counsel, or training provided for management officials or supervisors, relating to collective bargaining (.)