26:0558(65)CA - Navy, Naval Undersea Warfare Engineering Station, Keyport, WA and IAM Local Lodge 282 -- 1987 FLRAdec CA



[ v26 p558 ]
26:0558(65)CA
The decision of the Authority follows:


 26 FLRA No. 65
 
 DEPARTMENT OF THE NAVY 
 NAVEL UNDERSEA WARFARE
 ENGINEERING STATION 
 KEYPORT, WASHINGTON
 Respondent
 
 and
 
 INTERNATIONAL ASSOCIATION OF 
 MACHINISTS AND AEROSPACE WORKERS 
 LOCAL LODGE 282, AFL-CIO
 Charging Party
 
                                            Case No. 9-CA-60261
 
                            DECISION AND ORDER
 
    I.  Statement of the Case
 
    This unfair labor practice case is before the Authority in accordance
 with section 2429.1(a) of the Authority's Rules and Regulations, based
 on a stipulation of facts by the parties, who have agreed that no
 material issue of fact exists.  Briefs have been filed by the Respondent
 and the General Counsel.
 
    The complaint alleges that 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
 International Association of Machinists and Aerospace Workers, Local
 Lodge 282, AFL-CIO (the Union), the exclusive representative of a unit
 of the Respondent's employees, with the names and home addresses of unit
 employees.
 
    II.  Facts
 
    The union is the exclusive representative of a unit of all
 non-professional General Schedule employees of the Respondent Naval
 Undersea Warfare Engineering Station who work at the Keyport, Bangor and
 Indian Island sites.  By letter dated April 10, 1986, the Union
 requested the names and home addresses of all bargaining unit employees.
  By letter dated April 16, 1986, the Respondent denied the request.  The
 parties stipulated that the names and home addresses of the employees
 are normally maintained by the Respondent in the regular course of
 business;  are reasonably available;  and do not constitute guidance,
 advice, counsel or training provided to management officials or
 supervisors relating to collective bargaining.
 
    III.  Positions of the Parties
 
    The Respondent contends that disclosure of the home addresses of the
 bargaining unit employees to the Union is prohibited by law.  Further,
 the Respondent contends that neither the Union nor the General Counsel
 established that the information was relevant and necessary to the
 Union's representational duties.  The Respondent maintains that at the
 time of its refusal to furnish the information, it had no reason to
 conclude that its conduct was not consistent with law.  For those
 reasons, the Respondent contends that it did not commit an unfair labor
 practice.
 
    The General Counsel argues that this case is controlled by the
 Authority's decision on remand in Farmers Home Administration Finance
 Office, St. Louis, Missouri, 23 FLRA No. 101 (1986) (FHAFO), petition
 for review filed sub nom. No. 101 (1986) (FHAFO), petition for review
 filed sub nom. U.S. Department of Agriculture and Farmers Home
 Administration Finance Office, St. Louis, Missouri v. FLRA, No. 86.2779
 (8th Cir. Dec. 23, 1986), in which the Authority concluded, in
 circumstances virtually identical to this case, 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 General Counsel
 contends that the Respondent's failure and refusal to provide the
 employees' names and home addresses to the Union in this case
 constitutes a refusal to comply with section 7114(b)(4) and a violation
 of section 7116(a)(1), (5) and (8) of the Statute.
 
    IV.  Analysis
 
    The Respondent correctly notes that, at the time the Union requested
 the home addresses of the employees it represented, Authority case law
 held that disclosure of the information was prohibited by law.  However,
 the Authority decides unfair labor practices cases based on the case law
 as it exists at the time the case is decided.  Department of the Navy,
 Mare Island Naval Shipyard, Vallejo, California, 26 FLRA No. 57 (1987).
 Therefore, whether the Respondent's refusal to provide the Union with
 the home addresses of bargaining unit employees constituted an unfair
 labor practice must be determined under current case law.
 
    In our Decision and Order on Remand in FHAFO, we 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.
  We also determined that the release of the information is generally
 required without regard to whether alternate means of communication are
 available.  Based on our decision on remand in FHAFO, we conclude that
 the Respondent's refusal to provide the Union with the names and home
 addresses sought in this case violates section 7116(a)(1), (5) and (8)
 of the Statute.
 
                                   ORDER
 
    Pursuant to section 2423.29 of the Rules and Regulations of the
 Authority and section 7118 of the Federal Service Labor-Management
 Relations Statute, the Department of the Navy, Naval Undersea Warfare
 Enginerring Station, Keyport, Washington, shall:
 
    1.  Cease and disist from:
 
    (a) Refusing to furnish, upon request by the International
 Association of Machinists and Aerospace Workers, Local Lodge 282,
 AFL-CIO, the exclusive representative of a bargaining unit of its
 employees, the names and home addresses of all employees in the
 bargaining unit.
 
    (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 actions in order to effectuate the
 purposes and policies of the Statute:
 
    (a) Furnish the International Association of Machinists and Aerospace
 Workers, Local Lodge 282, AFL-CIO, the exclusive representative of a
 bargaining unit of its employees, the names and home addresses of all
 employees in the unit.
 
    (b) Post at its facilities 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 Respondent's Commander, 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 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 days from the date of this
 Order as to what steps have been tak