---

31 FLRA No. 97

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 21st COMBAT SUPPORT GROUP (AAC)
ELMENDORF AIR FORCE BASE, ALASKA

                   Respondent

      and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1668, AFL-CIO

                   Charging Party

Case No. 9-CA-70308

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 Department of the Air 
Force, Headquarters 21st Combat Support Group (AAC), Elmendorf Air Force Base, 
Alaska (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 American Federation of Government Employees, Local 1668, 
AFL - CIO (the Union), 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 Union is the exclusive representative of a unit of the Respondent's 
employees. By letter dated March 2, 1987, the Union requested that the 
Respondent provide it with the names and home addresses of all unit employees. 
By letter dated June 27, 1987, the Respondent refused to furnish the Union with 
the information requested. [PAGE] 
The parties stipulated that there is no single record, automatic or manual, 
which identifies bargaining unit status, names and home addresses of the 
employees in the unit. The parties also stipulated that the information 
requested does not constitute guidance, advice, counsel or training provided for 
management officials or supervisors relating to collective bargaining. 
III. Positions of the Parties 
The Respondent argues that the release of the names and home addresses of 
employees is precluded by the Privacy Act. 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, 836 F.2d 1139 (8th Cir. 1988), 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 asserts that the requirements of section 
7114(b)(4) of the Statute are not met here. Specifically, the Respondent argues 
that the records are not normally maintained in the regular course of business 
because: (1) names and home addresses are in various records which are not 
identified by bargaining unit status; and (2) there is no automated record at 
the Respondent's facility which contains the names, home addresses, and 
bargaining unit status of the employees. The Respondent concedes that a list 
could be established by creating a computer program or could be created 
manually. Because such a list would have to be created, the Respondent argues 
that the data are not "reasonably available" as required by section 
7114(b)(4)(B). 
The General Counsel argues that the Authority's decision on remand in Farmers 
Home and the subsequent cases relying on Farmers Home are dispositive of the 
issues in this case. The General Counsel contends that the Respondent's failure 
to furnish the Union with names and home addresses of unit employees violates 
section 7116(a)(1), (5), and (8) of the Statute. 
IV. Analysis and Conclusion 
The arguments made by the Respondent are similar to the arguments asserted by 
the agency in Farmers Home. 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 [ v31 p2 ] 
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's decision in Farmers Home analyzed the two exceptions to the 
Privacy Act's bar to disclosure of personal information pertinent to the release 
of employees' names and home addresses: exception (b)(2), concerning the Freedom 
of Information Act; and exception (b)(3), relating to "routine use" of 
information. The Authority found that both exceptions to the Privacy Act's bar 
applied so as to authorize release of the information under the Privacy Act. 

The Respondent argues that the requested information is not normally 
maintained and reasonably available. We find, contrary to the Respondent's 
position, that the information is maintained in the regular course of business 
in the employees' Official Personnel Folder, the Supervisor's Employee Brief, 
the "Personnel Data System - Civilian," and the civilian payroll system. We, 
therefore, find no merit in the Respondent's argument that the information is 
not normally maintained or reasonably available. Air Force Contract Management 
Division, Detachment 12, Air Force Representative Office, Canoga Park, 
California, 30 FLRA 313 (1987). 
Therefore, based on the parties' stipulation and the Authority's decision on 
remand in farmers Home, we find that the Respondent was required to furnish the 
Union with the names and home addresses of employees in the bargaining units it 
represents. The Respondent's 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 (ed 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, 838 F.2d 
229 (7th Cir. 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), 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 
Department of the Air Force, Headquarters 21st Combat Support Group (AAC) 
Elmendorf Air Force Base, Alaska shall: 
1. Cease and desist from: 
(a) Refusing to furnish, upon request of the American Federation of 
Government Employees, Local 1668, 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 1668, 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 1668, 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., April 14, 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 American Federation of 
Government Employees, Local 1668, 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 1668, 
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 ] 

---