[ v31 p883 ]
31:0883(66)CA
The decision of the Authority follows:
31 FLRA No. 66 VETERANS ADMINISTRATION WASHINGTON, D.C. AND VETERANS ADMINISTRATION MEDICAL CENTER, MIAMI, FLORIDA Respondents and NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1453 Charging Party Case No. 4-CA-70372DECISION AND ORDER
The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Respondents 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 bargaining unit employees. The Judge granted the General Counsel's motion for summary judgment and recommended that the Respondents be ordered to take appropriate remedial action. The Respondents filed exceptions to the Judge's Decision and the General Counsel filed an opposition to the Respondents' 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. See Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986), 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. See also United States Department of the Navy and Philadelphia Naval Shipyard v. FLRA, No. 87-3005 (3d Cir. Mar. 2, 1988), enforcing Philadelphia Naval Shipyard, [PAGE] 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 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 Veterans Administration, Washington, D.C. and the Veterans Administration Medical Center, Miami, Florida shall:
1. Cease and desist from:
(a) Refusing to furnish, upon request of the National Federation of Federal Employees, Local 1453, the exclusive representative of certain 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 National Federation of Federal Employees, Local 1453 with 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 National Federation of Federal Employees, Local 1453 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 [ v31 p2 ] be signed by the Director, Veterans Administration Medical Center, Miami, 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.
Issued, Washington, D.C., March 22, 1988
Jerry L. Calhoun, Chairman Jean McKee, Member FEDERAL LABOR RELATIONS AUTHORITY[ v31 p3 ]
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 National Federation of Federal Employees, Local 1453, the exclusive representative of certain 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 the National Federation of Federal Employees, Local 1453 with 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. [ v31 p4 ]
VETERANS ADMINISTRATION, WASHINGTON, D.C. and VETERANS ADMINISTRATION MEDICAL CENTER, MIAMI, FLORIDA Respondents and NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1453, INDEPENDENT Charging Party Case No. 4-CA-70372 Charles H. Parker, Esq. For the Respondent Philip T. Roberts, Esq. For the General Counsel Before: SALVATORE J. ARRIGO Administrative Law JudgeDECISION
Statement of the Case
This case arose under the Federal Service Labor - Management Relations Statute, Chapter 71 of Title 5 of the U.S. Code, 5 U.S.C. 7101 et seq. (herein the Statute).
Upon an unfair labor practice charge having been filed by the captioned Charging Party against the captioned Respondents, the General Counsel of the Federal Labor Relations Authority (herein the Authority), by the Regional [PAGE] Director for Region IV, issued a Complaint and Notice of Hearing alleging Respondents violated section 7116(a)(1), (5) and (8) of the Statute when Respondents refused to furnish the National Federation of Federal Employees, Local 1453, Independent, the names and home addresses of bargaining unit employees, which data had previously been requested by Local 1453. Respondents filed an Answer to complaint in which some of the allegations of the Complaint were admitted and others denied.
Subsequently, counsel for the General Counsel filed a Motion for Summary Judgment with supporting documents and thereafter counsel for Respondents filed an answer in opposition to the Motion for Summary Judgment to which counsel for the General Counsel filed a response. Both counsel for the General Counsel and counsel for Respondents filed briefs in support of their respective positions. The matter has been transferred to the Office of Administrative Law Judges for ruling pursuant to section 2423.22(b)(1) of the Rules and Regulations of the Authority and based upon my review and evaluation of the entire record before me, I make the following:
Findings of Fact
1. At all times material the National Federation of Federal Employees, Local 1453, Independent (herein the Union) has been, and is now a labor organization within the meaning of section 7103(a)(4) of the Statute.
2(a). At all times material the Veterans Administration, Washington, D.C. (herein VA Washington) has been, and is now an agency within the meaning of section 7103(a)(3) of the Statute.
(b). At all times material Veterans Administration medical Center, Miami, Florida (herein VAMC) has been an activity of the VA Washington within the meaning of section 2421.4 of the Authority's Rules and Regulations.
3(a). At all times material the National Federation of Federal Employees (herein NFFE) has been, and is now the exclusive representative of certain employees of the VA Washington in a nationwide consolidated unit as set forth and described in a collective bargaining agreement between NFFE and VA Washington, effective by its terms from January 12, 1983, and continuing in effect to date by mutual agreement of the parties. [ v31 p2 ]
(b). At all times material the Union has been, and is now an administrative subdivision of NFFE and an agent thereof for the purpose of representing certain employees of VAMC in a bargaining unit more fully set forth in a supplemental collective bargaining agreement between VAMC and the Union, effective June 12, 1985.
4. At all times material Wayne E. Johnson (herein Johnson) has occupied the position of Chief, Personnel Service, at the VAMC and as such has been and is now, a supervisor and/or management official within the meaning of section 7103(a)(10) and (11) of the Statute, and/or an agent of Respondents.
5. On or about December 10, 1986 the Union, by its President, Elnora B. Weaver, made a request to Johnson for the names and home addresses of Union bargaining unit employees.
6. On or about January 23, 1987 Johnson denied the Union's request for information as described in paragraph 5 above.
7. Johnson engaged in the actions described in paragraph 6 above at the direction of VA Washington.
8. The information requested by the Union in paragraph 5 above, is: normally maintained by Respondents in the regular course of business; reasonably available; necessary for full and proper discussion, understanding and negotiation of subjects within the scope of collective bargaining, and; not guidance, advice, counsel or training for management officials or supervisors, relating to collective bargaining.
Discussion and Conclusions
The General Counsel, relying on the Authority's decision in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986), contends Respondents violated section 7116(a)(1), (5) and (8) of the Statute when they refused to supply the Union with the names and home addresses of all bargaining unit employees. Respondents essentially contend the requirements of section 7114(b)(4 ) of the Statute have not been met in that: Respondents are prohibited by the Privacy Act, 5 U.S.C. 552a, from releasing the information and; the data is not necessary for the Union to carry out its representational duties since the union has alternative means of communicating with bargaining unit employees. [ v31 p3 ]
Section 7114(b)(4) of the Statute provides in relevant part:
"(b) 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, 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; (and) (B) which is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining . . ."In Farmers Home Administration Finance Office, supra, the Authority held: (1) the disclosure of the names and addresses of bargaining unit employees to the exclusive representative was not prohibited by the Privacy Act; (2) an agency's possession of Official Personnel Files wherein can be found employees' addresses satisfies the requirements of section 7114(b)(4)(A) and (B) of the Statute that such data be normally maintained by the agency and reasonably available, and; (3) such data was necessary under section 7114(b)(4)(B) for unions to meet their statutory obligation to represent the interests of all employees in the unit without discrimination as required by section 7114(a)(1) of the Statute, notwithstanding the existence of alternative means by which a union might communicate to unit employees. In subsequent decisions the Authority followed Farmers Home Administration in deciding numerous cases which involved substantially the same issues. Philadelphia Naval Shipyard, 24 FLRA 37 (1986); Defense Mapping Agency Aerospace Center, St. Louis, Missouri, 24 FLRA 43 (1986); Social Security Administration, Northeastern Program Service Center, 24 FLRA 108 (1986); Department of the Navy, Portsmouth Naval Shipyard, 24 FLRA 209 (1986); Department of the Air Force, Scott Air Force Base, 24 FLRA 226 (1986); Department of Health and Human Services, Region V, 26 FLRA 460 (1987); Air [ v31 p 4 ] Force District of Washington, 26 FLRA 542 (1987); Departments of the Army and Air Force, Army and Air Force Exchange Service Headquarters, Dallas, Texas and Army and Air Force Exchange Service, McClellan Air Force Base, California, 26 FLRA 691 (1987); 831 Combat Support Group (TAC), George Air Force Base, California, 28 FLRA No. 16 (1987); and United States Department of Health and Human Services, Social Security Administration v. FLRA, Nos. 87-3513(L), 87-3514, 87-3515 (4th Cir. Nov. 25, 1987), affirming Department of Health and Human Services, Social Security Administration, 24 FLRA 543 (1986).
The facts presented herein and the arguments raised by Respondents are not significantly different from those considered by the Authority in Farmers Home Administration and cases which followed thereafter, supra. In view of the Authoritys' holdings in the above cases I conclude Respondents' defenses to its failure and refusal to provide the Union with the names and home addresses of unit employees as requested by the Union to be without merit. I further conclude Respondents were obligated under section 7114(b) of the Statute to furnish the Union with the names and addresses of unit employees and accordingly, I conclude Respondents' refusal to furnish such data violated section 7116(a)(1), (5) and (8) of the Statute and grant counsel for General Counsel's motion for summary judgment. Therefore I recommend the Authority issue the following.
ORDER
Pursuant to Section 2423.29 of the Rules and Regulations of the Federal Labor Relations Authority and section 7118 of the Statute, the Authority hereby orders that Veterans Administration, Washington, D.C. and Veterans Administration Medical Center, Miami, Florida, shall:
1. Cease and desist from: (a) Refusing to furnish, upon request of the National Federation of Federal Employees, Local 1453, Independent, the agent of the exclusive representative of certain 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.[ v31 p5 ]
2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute: (a) Furnish the National Federation of Federal Employees, Local 1453, Independent, the agent of the exclusive representative of certain 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 National Federation of Federal Employees, Local 1453, Independent, 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 of the Veterans Administration Medical Center, Miami, Florida, 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, Atlanta, Georgia, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply herewith. SALVATORE J. ARRIGO Administrative Law Judge Dated: January 7, 1988 Washington, D.C.[ v31 p6 ]
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 National Federation of Federal Employees, Local 1453, Independent, the agent of the exclusive representative of certain 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 employees in the exercise of their rights assured by the Federal Service Labor - Management Relations Statute.
WE WILL furnish the National Federation of Federal Employees, Local 1453, Independent, the agent of the exclusive representative of certain 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 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., and whose telephone number is: (404) 347-2324. [PAGE]