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31 FLRA No. 63

DEPARTMENT OF THE AIR FORCE
63RD CIVIL ENGINEERS SQUADRON
NORTON AIR FORCE BASE, CALIFORNIA

                   Respondent

         and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, INTERDEPARTMENTAL
LOCAL 3854, AFL-CIO

                   Charging Party

Case No. 8-CA-70666

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 the 
parties' stipulation of facts. The complaint alleges that the Department of the 
Air Force, 63rd Civil Engineers Squadron, Norton Air Force Base, California (the 
Respondent) violated section 7116(a)(1), (5), and (8) of the Federal Service 
Labor - Management Relations Statute (the Statute) by failing and refusing to 
provide the American Federation of Government Employees, Interdepartmental Local 
3854, AFL - CIO (the Union) with the names and home addresses of bargaining unit 
employees located at Norton Air Force Base, California. For the reasons stated 
below, we find that the Respondent committed the unfair labor practices as 
alleged. 
II. Facts 
The Union is the exclusive representative of a unit composed of civilian 
employees of the Respondent's Fire Protection Branch, 63rd Civil Engineers 
Squadron, Norton Air Force Base, California. By letter dated July 29, 1987, the 
Union requested that the Respondent furnish it with the names and home addresses 
of all unit employees. By letter dated August 12, 1987, the Respondent refused 
to provide the Union with the employees' home addresses. [PAGE] 
The parties stipulated that: (1) the names and home addresses of bargaining 
unit employees are maintained in the Respondent's payroll files; and (2) the 
Respondent's personnel records identify employees by bargaining unit status. The 
Respondent admitted that the information sought does not constitute guidance, 
advice, counsel, or training for management officials or supervisors relating to 
collective bargaining. Stipulation, Exhibit 1(d). 
III. Positions of the Parties 
The Respondent disagrees with the Authority's decision on remand in Farmers 
Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986) 
(Farmers Home), enforced in part and remanded sub nom. U.S. Department of 
Agriculture and Farmers Home Administration Finance Office, St. Louis, Missouri 
v. FLRA, No. 86-2579 (8th Cir. Jan. 15, 1988), petitions for rehearing filed, in 
which the Authority concluded that section 7114(b)(4) of the Statute entitled 
the exclusive representative to the names and home addresses of employees in the 
bargaining unit. The Respondent contends that the release of the employees' home 
addresses is prohibited by law, specifically, certain provisions of the Privacy 
Act. The Respondent also cites Federal Personnel Manual (FPM) Supplement 711-1, 
Appendix C, which it contends prohibits the release of employees' names and home 
addresses under the "routine use" exemption of the Privacy Act without written 
permission from the employees concerned. 
The Respondent contends that the information sought is not "normally 
maintained" or "reasonably available" within the meaning of section 
7114(b)(4)(A) and (B) of the Statute because the Respondent does not maintain a 
separate listing of bargaining unit employees' names and home addresses, and 
that retrieving such a list from its systems of records would be unduly 
burdensome. The Respondent further contends that the information is not 
"necessary" within the meaning of section 7114(b)(4)(B) of the Statute because 
the Union did not provide any reason or justification for the information 
requested. Finally, the Respondent asserts that it should not be required to 
release the information requested because the Union has alternative means of 
communicating with employees. 
The General Counsel contends that under the Authority's decision on remand in 
Farmers Home, the Respondent's conduct in this case violated section 7114(b)(4) 
of the Statute, and the Respondent's failure to furnish the bargaining unit 
employees' names and home addresses violates section 7116(a)(1), (5), and (8) of 
the Statute. The General Counsel further contends that all of the Respondent's 
arguments have [ v31 p2 ] been specifically rejected by the Authority in Farmers 
Home or in subsequent decisions of the Authority dealing with requests for the 
release of names and home addresses. 
IV. Analysis and Conclusion 
In the Authority's decision on remand in Farmers Home, the Authority 
concluded that the release of the names and home addresses of bargaining unit 
employees to their 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 established by section 7114(b)(4) of the Statute. The 
Authority also determined that the release of the information is generally 
required without regard to whether alternative means of communication are 
available. 
The arguments made by the Respondent in this case are similar to the 
arguments asserted by the agency in Farmers Home. It is evident from the 
Respondent's answer to the complaint (Stipulation, Exhibit 1(d)) that the 
information requested "does not constitute guidance, advice, counsel, or 
training for management officials or supervisors relating to collective 
bargaining" within the meaning of section 7114(b)(4)(C) of the Statute. As to 
the Respondent's reliance on FPM Supplement 711-1, Appendix C, that Appendix was 
deleted, along with the entire supplement, on May 16, 1986. Essential material 
from the supplement was updated and incorporated into FPM chapter 711. The 
revised chapter does not contain a statement similar to that which the 
Respondent states was contained in Appendix C and on which it relies. See 
Veterans Administration Medical Center, Prescott Arizona, 28 FLRA 743, 744 
(1987), application for enforcement filed sub nom. FLRA v. Veterans 
Administration Medical Center, Prescott, Arizona, No. 87-1470 (D.C. Cir. Sept. 
8, 1987). 
As to the Respondent's contention that the information sought by the Union is 
not normally maintained or reasonably available, the stipulation shows that the 
names and home addresses of employees are maintained and that identification of 
employees as to unit status is also maintained. Consequently, we find that the 
requirement of section 7114(b)(4)(A) has been met and that the information is 
reasonably available within the meaning of section 7114(b)(4)(B). See Department 
of the Air Force, 92D Combat Support Group, Fairchild Air Force Base, 
Washington, 28 FLRA 948, application for enforcement filed sub nom. FLRA v. 
Department of the Air Force, 92D Combat Support Group, Fairchild Air Force Base, 
Washington, No. 87-1515 (D.C. Cir. Sept. 23, 1987). [ v31 p3 ] 
We reject the Respondent's argument that it was justified in refusing the 
Union's request because the Union did not provide sufficient reasons for the 
necessity of the information. In Farmers Home, 23 FLRA at 795, the Authority 
held that "unlike requests for certain types of other information, an agency's 
duty to supply names and home addresses information does not depend upon any 
separate explanation by the union of its reasons for seeking the information." 
See also Department of the Navy, Naval Aviation Depot, Cherry Point, North 
Carolina, 30 FLRA 949, 956 (1988). 
Therefore, we find that the Respondent was required to furnish the Union with 
the names and home addresses requested by the Union, and its refusal to do so 
violated section 7116(a)(1), (5), and (8) of the Statute. See United States 
Department of the Navy and Philadelphia Naval Shipyard v. FLRA, No. 87-3005 (3d 
Cir. Mar. 2, 1988), enforcing Philadelphia Naval Shipyard, 24 FLRA 37 (1986); 
U.S. Department of the Air Force, Scott Air Force Base, Illinois v. FLRA, No. 
87-1143 (7th Cir. Jan. 27, 1988), affirming Department of the Air Force, Scott 
Air Force Base, Illinois, 24 FLRA 226 (1986); Department of Health and Human 
Services, Social Security Administration v. FLRA, 833 F.2d 1129 (4th Cir. 1987), 
petition for rehearing filed Jan. 8, 1988, affirming Department of Health and 
Human Services, Social Security Administration, 24 FLRA 543 (1986); Department 
of Health and Human Services, Social Security Administration and Social Security 
Administration Field Operations, New York Region, 24 FLRA 583 (1986); Department 
of Health and Human Services, Social Security Administration, 24 FLRA 600 
(1986). 
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 Air Force, 63rd Civil Engineers Squadron, Norton Air Force 
Base, California shall: 
1. Cease and desist from: 
(a) Refusing to furnish, upon request of the American Federation of 
Government Employees, Interdepartmental Local 3854, AFL - CIO, the exclusive 
representative of certain of its employees, the names and home addresses of all 
employees in the bargaining unit it represents at the Fire Protection Branch, 
63rd Civil Engineers Squadron, Norton Air Force Base, California. [ v31 p4 ] 
(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, 
Interdepartmental Local 3854, AFL - CIO with the names and home addresses of all 
employees in the bargaining unit it represents at the Fire Protection Branch, 
63rd Civil Engineers Squadron, Norton Air Force Base, California. 
(b) Post at the Norton Air Force Base, California facility where bargaining 
unit employees represented by the American Federation of Government Employees, 
Interdepartmental Local 3854, 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 Commander, Norton Air Force 
Base, 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 VIII, 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 18, 1988. 
Jerry L. Calhoun,        Chairman

Jean McKee,                Member

FEDERAL LABOR RELATIONS AUTHORITY

[ v31 p5 ] 
                  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 the American Federation of 
Government Employees, Interdepartmental Local 3854, AFL - CIO, the exclusive 
representative of certain of our employees, the names and home addresses of all 
employees in the bargaining unit it represents at the Fire Protection Branch, 
63rd Civil Engineers Squadron, Norton Air Force Base, California. 
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 the American Federation of Government Employees, 
Interdepartmental Local 3854, AFL - CIO with the names and home addresses of all 
employees in the bargaining unit it represents at the Fire Protection Branch, 
63rd Civil Engineers Squadron, Norton Air Force Base, California. 
                               ____________________________
                                      (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, Room 370, Los Angeles, California 90071, and whose telephone number is: 
(213) 894-3805. [ v31 p6 ] 

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