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31 FLRA No. 60

VETERANS ADMINISTRATION MEDICAL
CENTER, SEPULVEDA, CALIFORNIA

              Respondent

      and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3943, AFL-CIO

              Charging Party

Case No. 8-CA-70410

DECISION AND ORDER 
I. Statement of the Case 
This unfair labor practice case is before the Authority under section 
2429.1(a) of our Regulations, based on the parties' stipulation of facts. The 
complaint alleges that Veterans Administration Medical Center, Sepulveda, 
California (the Respondent) violated section 7116(a)(1), (5), and (8) of the 
Federal Service Labor - Management Relations Statute (the Statute) by refusing 
to provide the American Federation of Government Employees, Local 3943, AFL - 
CIO (the Union) with the names and home addresses of bargaining unit employees. 
The Respondent and the General Counsel filed briefs. 1 
For the reasons stated below, we find that the Respondent committed the unfair 
labor practices as alleged. [PAGE] 
II. Facts 
The American Federation of Government Employees, AFL - CIO (AFGE) is the 
exclusive representative of a unit composed of full-time and regularly scheduled 
part-time registered nurses. The Union is a constituent local of AFGE. By letter 
dated November 19, 1986, the Union requested that the Respondent furnish it with 
the names and home addresses of all unit employees. The Union requested the 
information pursuant to Farmers Home Administration Finance Office, St. Louis, 
Missouri, 23 FLRA 788 (1986) (Farmers Home), enforced in part and remanded sub 
non. 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. By letter dated December 2, 1986, the Respondent 
refused to furnish the Union with the information requested on the basis that 
release of the information is prohibited by law. 
On July 9, 1987, the General Counsel issued the unfair labor practice 
complaint in this case. Subsequently, by letter dated October 21, 1987, the 
Respondent notified the Union that although it could not provide the Union with 
the home addresses of unit employees because of privacy concerns, it intended to 
offer those employees the opportunity to provide the Union with their addresses 
if they wished. The letter to the Union also stated that the Respondent was 
"putting together some language to address this, and would like your input if 
you wish." Stipulation, Exhibit 1(g). 
The parties stipulated that the names and home addresses of the employees: 
(1) are normally maintained by the Respondent in the regular course of business; 
(2) are reasonably available in the Respondent's personnel and payroll files; 
and (3) do not constitute guidance, counsel, or training provided for management 
officials or supervisors relating to collective bargaining. 
III. Positions of the Parties 
The Respondent contends that the release of the employees' home addresses is 
prohibited by law, specifically, the Privacy Act and the Freedom of Information 
Act. The Respondent also contends that the Union has not disclosed why it needs 
the information or how it intends to use the information. The Respondent further 
maintains that the Union has alternative means to contact unit employees in 
order to [ v31 p2 ] obtain from them their home addresses. The Respondent also 
asserts that it invited the Union to jointly compose instructions to employees 
as to how to contact the Union with their home addresses, and that the Union 
refused the offer. 
The General Counsel argues that the Authority's decision on remand in Farmers 
Home, in which the Authority concluded that section 114(b)(4) of the statute 
entitled the exclusive representative to the names and home addresses of 
employees in the bargaining unit, is dispositive of the issue in this case. The 
General Counsel asserts that by refusing to give the Union the names and home 
addresses of unit employees, the Respondent violated section 7114(b)(4). 
According to the General Counsel, section 7114(b)(4) requires the agency to 
furnish the information, and does not give employees the choice as to whether or 
not to furnish their home addresses. The General Counsel contends that the 
Respondent's refusal to furnish the employees' home addresses violates section 
7116(a)(1), (5), and (8) of the Statute. 
IV. Analysis and Conclusion 
In the Authority's decision and order 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. Further, from the parties' stipulation, it is evident that the 
other requirements of section 7114(b)(4)(A), (B), and (C) have been met in this 
case. 
Based on the parties' stipulation and the Authority's decision on remand in 
Farmers Home, we find that the Respondent was require to furnish the Union with 
the names and home addresses of employees in the bargaining unit. We also find 
that the Respondent's offer, stated in its letter of October 21, 1987, does not 
constitute compliance with the requirement of section 7114(b)(4) that an agency 
provide the requested information. The Respondent's failure to provide the 
requested information 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 [ v31 p3 ] (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 
Veterans Administration Medical Center, Sepulveda, California shall: 
1. Cease and desist from: 
(a) Refusing to furnish, upon request of the American Federation of 
Government Employees, Local 3943, 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 American Federation of Government Employees, Local 3943, 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 
American Federation of Government Employees, Local 3943, AFL - CIO are located, 
copies of the attached Notice on forms to be furnished by the Federal Labor 
Relations Authority. Upon receipt of such [ v31 p4 ] forms, they shall be signed 
by the Director of the Medical center 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 17, 1986. 
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, Local 3943, 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 American Federation of Government Employees, Local 3943, 
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 
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 ] 


FOOTNOTES
Footnote 1 The General Counsel filed a motion to strike 
portions of the Respondent's brief which allegedly misrepresented stipulated 
facts. The Respondent filed a response to that motion. In resolving these types 
of cases, we consider only facts contained in the stipulation. Accordingly, we 
deny the General Counsel's motion as unnecessary. See Department of the Navy, 
Navy Public Works Center, Honolulu, Hawaii, 30 FLRA 290 (1987), application for 
enforcement as to other matters filed sub nom. FLRA v. Department of the Navy, 
Navy Public Works Center, Honolulu, Hawaii, No. 87-1830 (D.C. Cir. Dec. 4, 
19B7). 

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