15:0969(180)CA - SSA and AFGE Local 1923 -- 1984 FLRAdec CA



[ v15 p969 ]
15:0969(180)CA
The decision of the Authority follows:


 15 FLRA No. 180
 
 SOCIAL SECURITY ADMINISTRATION
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1923, AFL-CIO
 Charging Party/Union
 
                                            Case Nos. 3-CA-30433 
                                                      3-CA-30445
 
                            DECISION AND ORDER
 
    This matter is before the Authority pursuant to the Regional
 Director's "Order Transferring Case to the Federal Labor Relations
 Authority" in accordance with section 2429.1(a) of the Authority's Rules
 and Regulations.
 
    Upon consideration of the entire record, including the parties'
 stipulation of facts, accompanying exhibits, and the briefs submitted by
 the Respondent and the General Counsel, the Authority finds:
 
    The complaint alleges that the Social Security Administration
 (Respondent) violated section 7116(a)(1), (5) and (8) of the Statute by
 refusing to furnish necessary and relevant information requested by the
 Union in connection with the processing of employees' contractual
 grievances as required by section 7114( b)(4) of the Statute.  /1/
 
    By memoranda dated between December 8, 1982 and February 4, 1983, an
 agent of the American Federation of Government Employees, Local 1923,
 AFL-CIO (Exclusive Representative/Union) requested that the Respondent
 provide the Union with a copy of all Form SSA-3024's relative to
 bargaining unit employees Harriet Glass, Jean Gray, Florence Jackson,
 Berlinda Redfern, Bertelle Murphy, Amelia Peete, Charles Baker, Anna
 Layton, Veronica Pompey and Carolyn Holt, respectively.  Form SSA-3024
 is a Work Experience Report which constitutes a compilation of the
 employee's daily production figures on a weekly basis.  The Respondent
 utilizes the information recorded on Form SSA-3024 in rating employees
 for the purpose of their annual performance appraisals.  The Respondent
 has failed and refused to provide the Union with the requested
 information.
 
    The Respondent argues that it had no duty to furnish the requested
 information because the requests were vague and to supply such would
 have been unduly burdensome.  However, the Respondent does not present
 any evidence in support of the foregoing contention.  To the contrary,
 the Respondent expressly stipulates that the requested information was
 normally maintained by the agency in the regular course of business;
 was reasonably available and necessary for full and proper discussion,
 understanding and negotiation of subjects within the scope of collective
 bargaining, including the processing of a contractual grievance;  did
 not constitute guidance, counsel or training of management officials or
 supervisors relating to collective bargaining;  and was not prohibited
 by law.  The stipulated record reveals that each request was submitted
 separately at different times to the involved grievant's supervisor.
 Further, the Respondent admits that it would have taken no more than
 thirty to sixty minutes to respond to such request.  Under the factual
 circumstances presented, the Authority finds Respondent's contention
 that the Union's request for information was vague and unduly burdensome
 to be wholly without merit.  In so concluding, the Authority has
 considered Respondent's admission that the requested material was
 normally maintained, reasonably available and necessary for full and
 proper discussion, understanding and negotiation of subjects within the
 scope of bargaining including processing of a grievance.  The Authority
 further notes particularly that an integral part of an agency's
 statutory duty to negotiate in good faith is to furnish necessary data,
 upon request, to the exclusive representative, in accordance with
 7114(b)(4)(A)(B) and (C) of the Statute.  /2/ Accordingly, the Authority
 finds that Respondent's conceded refusal to furnish the Union with the
 requested information concerning unit employees' contractual grievances
 over their 1982 annual performance appraisals constituted a failure to
 meet its duty to bargain in good faith and was not in compliance with
 section 7114(b)(4) in violation of section 7116(a)(1), (5) and (8) of
 the Statute.
 
                                   ORDER
 
    Pursuant to section 2423.29 of the Federal Labor Relations
 Authority's Rules and Regulations and section 7118 of the Statute, it is
 hereby ordered that the Social Security Administration shall:
 
    1.  Cease and desist from:
 
    (a) Failing and refusing to provide the American Federation of
 Government Employees, Local 1923, AFL-CIO, the employees' exclusive
 representative, with all necessary documents and materials, including
 copies of form SSA-3024's requested by the Union in connection with the
 processing of grievances filed by bargaining unit employees.
 
    (b) In any like or related manner interfering with, restraining or
 coercing 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) Upon request, provide the American Federation of Government
 Employees, Local 1923, AFL-CIO, the employees' exclusive representative,
 with copies of all Form SSA-3024's requested by the Union in connection
 with the grievances filed by bargaining unit employees Harriet Glass,
 Jean Gray, Florence Jackson, Berlinda Redfern, Bertelle Murphy, Amelia
 Peete, Charles Baker, Anna Layton, Veronica Pompey and Carolyn Holt
 concerning their 1982 Annual Performance Appraisals.
 
    (b) Post at its facilities located in the Social Security
 Administration, Headquarters, Baltimore, Maryland 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 an
 authorized official of the Social Security Administration and shall be
 posted and maintained for 60 consecutive days thereafter, in conspicuous
 places, including all bulletin boards and other places where notices to
 employees are customarily posted.  Reasonable steps shall be taken to
 insure 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 III, Federal Labor
 Relations Authority, in writing, within 30 days from the date of this
 Order, as to what steps have been taken to comply herewith.
 
    Issued, Washington, D.C., August 31, 1984
 
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 
 
                          NOTICE TO ALL EMPLOYEES
 
  PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR
 RELATIONS
 AUTHORITY AND IN ORDER TO EFFECTUATE THE POLICIES OF CHAPTER 71
 OF TITLE
 5 OF THE UNITED STATES CODE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS
 
                   WE HEREBY NOTIFY OUR EMPLOYEES THAT:
 
    WE WILL NOT fail or refuse to provide the American Federation of
 Government Employees, Local 1923, AFL-CIO, the employees' exclusive
 representative, with all necessary documents and materials, including
 copies of Form SSA-3024's requested by the Union in connection with the
 processing of grievances filed by bargaining unit employees.
 
    WE WILL NOT in any like or related manner interfere with, restrain or
 coerce our employees in the exercise of their rights assured by the
 Federal Service Labor-Management Relations Statute.
 
    WE WILL, upon request, provide the American Federation of Government
 Employees, Local 1923, AFL-CIO, with copies of all Form SSA-3024's
 requested by the Union in connection with the grievances filed by
 bargaining unit employees Harriet Glass, Jean Gray, Florence Jackson,
 Berlinda Redfern, Bertelle Murphy, Amelia Peete, Charles Baker, Anna
 Layton, Veronica Pompey and Carolyn Holt concerning their 1982 Annual
 Performance Appraisals.
                                       (Agency or Activity)
                                       By:  (Signature) (Title)
 
    Dated:  . . .
 
    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 for the Federal Labor Relations Authority, Region III, whose
 address is:  P.O. Box 33758, Washington, D.C. 20033-0758 and whose
 telephone number is:  (202) 653-8456.
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ Section 7114(b)(4) provides:
 
          Sec. 7114.  Representation rights and duties
 
                                .  .  .  .
 
          (b) The duty of an agency and an exclusive representative to
       negotiate in good faith under subsection (a) of this section shall
       include the obligation--
 
                                .  .  .  .
 
          (4) in the case of an agency, to furnish to the exclusive
       representative involved, or its authorized representative, upon
       request and, to the extent not prohibited by law, data--
 
          (A) which is normally maintained by the agency in the regular
       course of business;
 
          (B) which is reasonably available an