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31 FLRA No. 70

VETERANS ADMINISTRATION
WASHINGTON, D.C. AND
VETERANS ADMINISTRATION MEDICAL
CENTER, BATTLE CREEK, MICHIGAN

                   Respondent

         and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1629, AFL-CIO

                   Charging Party

Case No. 5-CA-70091
   (30 FLRA 937)

ORDER DENYING MOTION FOR RECONSIDERATION 
This case is before us on the Respondent's motion for reconsideration of our 
January 21, 1988, decision in the above-cited case. 
In our decision, we adopted the Administrative Law Judge's findings that the 
Respondent violated section 7116(a)(1), (5) and (8) of the Federal Service Labor 
- Management Relations Statute (the Statute) by its refusal to furnish the names 
and home addresses of the Medical Center employees. 
In its motion for reconsideration, the Respondent requests that the Authority 
reconsider its decision in this matter based on the following factors: (1) the 
decision of the United States Court of Appeals for the Eighth Circuit in The 
United States Department of Agriculture and the Farmers Home Administration 
Finance Office, St. Louis, Missouri v. FLRA, No. 86-2579 (Farmers Home) (8th 
Cir. Jan. 15, 1988) petitions for rehearing filed; and (2) the testimony of 
Frederic Jones, rejected by the Judge as irrelevant, in which he strongly 
objected to the release of his address to the Charging Party because he 
considered it to be an invasion of his privacy. [PAGE] 
Section 2429.17 of the Authority's Rules and Regulations permits a party who 
can establish "extraordinary circumstances" to request reconsideration of a 
final decision or order of the Authority. We conclude that the Respondent has 
not established "extraordinary circumstances" within the meaning of section 
2429.17. 
The arguments presented by the Respondent in support of its request rely on 
the Eighth Circuit Court of Appeals decision. Respondent asserts that the 
decision and the testimony of Frederic Jones requires the Authority to now reach 
a different result in this case. We find no basis in the decision of the Eighth 
Circuit Court of Appeals for reconsidering our decision in this case. The Eighth 
Circuit Court of Appeals upheld our decision that an Agency must provide the 
names and home addresses of bargaining unit employees pursuant to a request from 
a union. The Court also concluded that "both the interests in privacy and 
disclosure will be optimally served by requiring disclosure of the names and 
home addresses of only those employees who do not request their employees to 
keep the information confidential." (Farmers Home) slip op. at 10. Petitions for 
a rehearing before the Eighth Circuit Court of Appeals have been filed by the 
Respondent in this case and by the Authority. Therefore, the decision is not yet 
final. 
We also note that subsequent to the decision by the Eighth Circuit Court of 
Appeals, Authority decisions requiring the release of names and home addresses 
were upheld in the U.S. Courts of Appeal for the Third and Seventh Circuit. See 
United States Department of the Navy and Philadelphia Naval Shipyard v. FLRA, 
No. 87-3005 (3rd 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), petition for rehearing filed Mar. 
16, 1988, affirming Department of the Air Force Scott Air Force Base Illinois, 
24 FLRA 226 (1986). See also 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 [ v31 p2 ] 
Services, Social Security Administration, 24 FLRA 543 (1986). The Respondent's 
motion is, therefore, denied. 
Issued, Washington, D.C., March 23, 1988 
Jerry L. Calhoun,        Chairman

Jean McKee,                Member

FEDERAL LABOR RELATIONS AUTHORITY

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