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31 FLRA No. 69

U.S. DEPARTMENT OF THE NAVY
PEARL HARBOR NAVAL SHIPYARD
RESTAURANT SYSTEM
PEARL HARBOR, HAWAII

                   Respondent

      and

HAWAII FEDERAL EMPLOYEES METAL
TRADES COUNCIL, AFL-CIO

                   Charging Party

Case No. 98-CA-70614

DECISION AND ORDER 
I. Statement of the Case 
This unfair labor practice case is before the Authority under section 
2429.1(a) of the Authority's Rules and Regulations, based on the parties' 
stipulation of facts. The complaint alleges that the U.S. Department of the 
Navy, Pearl Harbor Naval Shipyard Restaurant System, Pearl Harbor, Hawaii (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 Hawaii Federal Employees Metal Trades Council, AFL - CIO (the 
Council), the exclusive representative of a unit of the Respondent's employees, 
with the names and home addresses of those employees. For the reasons stated 
below, we find that the Respondent committed the unfair labor practices as 
alleged. 
II. Facts 
The Council is the exclusive representative of a unit of the Respondent's 
employees. By letters dated February 20, 1987, and April 27, 1987, the Council 
requested that the Respondent provide it with the names and home addresses of 
all unit employees. By letter dated May 8, 1987, the [PAGE] Respondent refused 
to furnish the Council with the information requested. 
The parties stipulated that the Service Employees' International Union, Local 
556, AFL - CIO (SEIU), has been and is an affiliated local union of the Council 
and that SEIU has been designated as the contract administrator for the subject 
unit. The parties also stipulated that the names and home addresses of the 
employees are normally maintained by the Respondent in the regular course of 
business and do not constitute guidance, advice, counsel, or training for 
management officials or supervisors relating to collective bargaining. 
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 argues that the decision is inconsistent with 
section 7114(b)(4) of the Statute and asserts that the Council did not 
demonstrate that it needed the information to communicate with the employees. 
The Respondent asserts that the Council designated SEIU as administrator for all 
representational matters pertaining to the bargaining unit. Therefore, the 
Council is the exclusive representative for the bargaining unit in name only 
because it does not perform representational functions for the unit. The 
Respondent also argues that "(b)ecause SEIU has performed all representation 
functions for the unit, no presumption of need for names and addresses by the 
Charging Party can be made." Respondent's Brief at 15. The Respondent further 
asserts that any requests, including the request for names and home addresses, 
should come from SEIU. 
The Respondent contends that because employees who wish to refrain from 
forming, joining, or assisting a labor organization are protected under section 
7102, the release of names and home addresses will cause those employees to be 
susceptible to compromise of their right to refrain from union activity. The 
Respondent also contends that the Authority's decision in Farmers Home is 
inconsistent with the Freedom of Information Act and the Privacy Act because it 
ignores the privacy interests of employees. [ v31 p2 ] 
The General Counsel argues that the Authority's decision on remand in Farmers 
Home is controlling. The General Counsel further contends that while the Council 
has designated SEIU as the contract administrator, the Contract Administrator 
derives its authority to engage in representational functions from the Council. 

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. 
We reject the Respondent's argument that the Council would not have a need 
for the names and home addresses because SEIU performs all representational 
functions for the bargaining unit. The Council is the exclusive representative 
for a unit of Respondent's employees. The fact that SEIU is the contract 
administrator does not relieve Respondent of its obligation to furnish the names 
and home addresses to the Council. Accordingly, based on our decision in Farmers 
Home and the parties' stipulation, we find that the Respondent was required to 
furnish the Council with the names and home addresses of employees in the 
bargaining unit. 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). See also U.S. Department of the Air Force, 
Scott Air Force Base, Illinois v. FLRA, No. 87-1143 (7th Cir. Jan. 27, 1988), 
petition for rehearing filed Mar. 16, 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). [ v31 p3 ] 
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 
U.S. Department of the Navy, Pearl Harbor Naval Shipyard Restaurant System, 
Pearl Harbor, Hawaii shall: 
1. Cease and desist from: 
(a) Refusing to furnish, upon request of the Hawaii Federal Employees Metal 
Trades Council, AFL - CIO, 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 Hawaii Federal Employees Metal Trades Council, AFL - CIO, 
with the names and home addresses of all employees in the bargaining unit it 
represents. 
(b) Post at its facilities where bargaining unit employees represented by the 
Hawaii Federal Employees Metal Trades Council, 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 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 IX, Federal Labor Relations Authority, in 
writing, within 30 [ v31 p4 ] 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 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 Hawaii Federal Employees 
Metal Trades Council, AFL - CIO, 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 their rights assured them by the Federal 
Service Labor - Management Relations Statute. 
WE WILL furnish the Hawaii Federal Employees Metal Trades Council, AFL - CIO, 
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 IX, 
Federal Labor Relations Authority, whose address is: 901 Market Street, Suite 
220, San Francisco, CA, 94103, and whose telephone number is: (415) 995-5000. 
[ v31 p6 ] 

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