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43 FLRA No. 27

FEDERAL LABOR RELATIONS AUTHORITY
WASHINGTON, D.C.

U.S. DEPARTMENT OF COMMERCE
BUREAU OF THE CENSUS
WASHINGTON, D.C.

AND

BUREAU OF THE CENSUS
DATA PREPARATION DIVISION
JEFFERSONVILLE, INDIANA
(Respondents)

and

NATIONAL FEDERATION OF FEDERAL EMPLOYEES
LOCAL 1428
(Charging Party)

5-CA-10213

DECISION

November 25, 1991

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

The Administrative Law Judge issued the attached decision in the above-entitled proceeding finding that Respondent U.S. Department of Commerce, Bureau of the Census, Washington, D.C. (Respondent Census) violated section 7116(a)(1) of the Federal Service Labor-Management Relations Statute (the Statute) by directing Respondent Bureau of the Census, Data Preparation Division, Jeffersonville, Indiana (Respondent DPD) not to furnish the Charging Party with the names and home addresses of bargaining unit employees represented by the Charging Party. In so finding, the Judge determined that the Authority had jurisdiction in this case over Respondent Census and concluded that the Respondents' contention to the contrary did not raise a genuine issue of material fact or deprive the General Counsel of judgment as a matter of law.

The Judge also determined that although Respondent DPD repudiated a provision of its collective bargaining agreement with the Charging Party by failing to provide the Charging Party with the names and home addresses of unit employees, Respondent DPD did not violate section 7116(a)(1), (5) and (8) of the Statute when it refused to provide the requested data because it was acting ministerially and without discretion in the matter.

The Judge granted the General Counsel's motion for summary judgment as to Respondent Census and recommended that Respondent Census be ordered to take appropriate remedial action. The Judge recommended that the allegations in the complaint against Respondent DPD be dismissed. The Respondents filed exceptions to the Judge's decision. 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 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, the exceptions, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order.

With respect to the Respondents' exceptions as to: (1) the jurisdiction of the Authority over Respondent Census; and (2) Respondent DPD's repudiation of a provision of its collective bargaining agreement with the Charging Party, we adopt the Judge's findings and conclusions for the reasons stated by the Judge. With respect to the Respondents' contentions regarding the release of the names of home addresses of bargaining unit employees to unions, we adopt the Judge's findings, conclusions and recommended Order for the reasons fully set forth in U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 37 FLRA 515 (1990) (Portsmouth Naval Shipyard), enforcement denied sub nom. FLRA v. U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 941 F.2d 49 (1st Cir. 1991) (FLRA v. Portsmouth Naval Shipyard).^(*)

II. 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 Commerce, Bureau of the Census, Washington, D.C. shall:

1. Cease and desist from:

(a) Directing the Bureau of the Census, Data Preparation Division, Jeffersonville, Indiana to refuse to furnish the National Federation of Federal Employees, Local 1428, the exclusive representative of certain of its employees, the names and home addresses of all employees in the bargaining unit it represents.

(b) Interfering with the bargaining relationship between the Bureau of the Census, Data Preparation Division, Jeffersonville, Indiana and the National Federation of Federal Employees, Local 1428.

(c) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of their rights assured 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) Direct the Bureau of the Census, Data Preparation Division, Jeffersonville, Indiana to furnish the National Federation of Federal Employees, Local 1428, 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 its facilities at the Bureau of the Census, Data Preparation Division, Jeffersonville, Indiana where bargaining unit employees represented by the National Federation of Federal Employees, Local 1428 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 Director, Bureau of the Census, Washington, D.C., 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, Chicago Regional Office, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order as to what steps have been taken to comply.

The allegations in the complaint against the Bureau of the Census, Data Preparation Division, Jeffersonville, Indiana are dismissed.

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 direct the Bureau of the Census, Data Preparation Division, Jeffersonville, Indiana to refuse to furnish the National Federation of Federal Employees, Local 1428, 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 interfer with the bargaining relationship between the Bureau of the Census, Data Preparation Division, Jeffersonville, Indiana and the National Federation of Federal Employees, Local 1428.

WE WILL NOT, in any like or related manner, interfer with, restrain, or coerce our employees in the exercise of their rights assured by the Federal Service Labor-Management Relations Statute.

WE WILL direct the Bureau of the Census, Data Preparation Division, Jeffersonville, Indiana to furnish the National Federation of Federal Employees, Local 1428, the exclusive representative of certain of our employees, the names and home addresses of all employees in the bargaining unit it represents.

________________________________
(Agency)

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, Chicago Regional Office, Federal Labor Relations Authority, whose address is: 175 West Jackson Blvd., Suite 1359-A, Chicago, Illinois 60604 and whose telephone number is: (312) 353-6306.

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FOOTNOTES:
(If blank, the decision does not have footnotes.)
 

*/ We note that, in FLRA v. Portsmouth Naval Shipyard, the U.S. Court of Appeals for the First Circuit denied the Authority's petition for enforcement of Portsmouth Naval Shipyard. Subsequently, in FLRA v. U.S. Department of the Navy, Navy Ships Parts Control Center, et al., Nos. 90-3690, 90-3724 (3d Cir. Sept. 13, 1991), a divided panel of the U.S. Court of Appeals for the Third Circuit denied the Authority's petition for enforcement of U.S. Department of the Navy, Navy Ships Parts Control Center and Navy Fleet Material Support Office and NAVSEA Logistics Center and Navy Publishing and Printing Service, 37 FLRA 722 (1990), in which the Authority relied on Portsmouth Naval Shipyard. On November 5, 1991, the panel's decision was vacated and the Authority's petition for rehearing en banc was granted. We respectfully adhere to our decision in Portsmouth Naval Shipyard.

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