26:0571(68)CA - Energy, HQ Office and NTEU -- 1987 FLRAdec CA



[ v26 p571 ]
26:0571(68)CA
The decision of the Authority follows:


 26 FLRA No. 68
 
 DEPARTMENT OF ENERGY 
 HEADQUARTERS OFFICE
 Respondent
 
 and
 
 NATIONAL TREASURY EMPLOYEES 
 UNION
 Charging Party
 
                                            Case No. 3-CA-60385
 
                            DECISION AND ORDER
 
    The Administrative Law Judge issued the attached Decision in the
 above-entitled proceeding, granting the General Counsel's motion for
 summary judgment and finding that the Respondent had engaged in the
 unfair labor practices alleged in the complaint and recommending that
 Respondent be ordered to take appropriate remedial action.  Thereafter,
 the Respondent filed exceptions to the Judge's Decision and a supporting
 brief.  No opposition to the exceptions was filed.
 
    Pursuant to section 2423.29 of the Authority's Rules and Regulations
 and section 7118 of the Federal Service Labor-Management Relations
 Statute (the Statute), we have reviewed the rulings of the Judge made at
 the hearing 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.
 
                                   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 Energy, Headquarters Office shall:
 
    1.  Cease and desist from:
 
    (a) Refusing to furnish, upon request of the National Treasury
 Employees Union, the exclusive representative of a bargaining unit of
 its employees, the names and home addresses of all employees in the
 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 action in order to effectuate the
 purposes and policies of the Statute:
 
    (a) Furnish the National Treasury Employees Union, the exclusive
 representative of a bargaining unit of its employees, the names and home
 addresses of all employees in the unit.
 
    (b) Post at Department of Energy, Headquarters Office, Washingtion,
 D.C., 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 a senior official of the Department of Energy 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 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.
 
    Issued, Washingtion, D.C., April 10, 1987.
 
                                       /s/ Jerry L. Calhoun
                                       Jerry L. Calhoun, Chairman
                                       /s/ Henry B. Frazier III
                                       Henry B. Frazier, Member
                                       /s/ Jean McKee
                                       Jean McKee, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
                          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 HEREBY NOTIFY OUR EMPLOYEES THAT:
 
    WE WILL NOT refuse to furnish, upon request of the National Treasury
 Employees Union, the exclusive representative of a bargaining unit of
 our employees, the names and home addresses of all employees in the
 unit.
 
    WE WILL NOT in any like or related manner interfere with, restrain,
 or coerce our employees in the exercise of the rights assured them by
 the Statute.
 
    WE WILL furnish the National Treasury Employees Union, the exclusive
 representative of a bargaining unit of our employees, the names and home
 addresses of all employees in the unit.
                                       . . . (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, Region III, Federal Labor Relations Authority, whose address
 is:  1111 18th Street, N.W., 7th Floor (or P.O. Box 33758), Washington,
 D.C.  20033-0758 and whose telephone number is:  (202) 653-8500.
 
 
 
 
 
 
 
 
 
 -------------------- ALJ$ DECISION FOLLOWS --------------------
 
    Case No. 3-CA-60385
 
 DEPARTMENT OF ENERGY, HEADQUARTERS OFFICE
    Respondent
 
                                    and
 
 NATIONAL TREASURY EMPLOYEES UNION
    Charging Party
 
    Patricia Eanet Dratch, Esquire
       For the General Counsel
 
    Page Newton, Esquire
       For the Respondent
 
    Janice M. Rogers, Esquire
       For the Charging Party
 
    Before:  BURTON S. STERNBURG
          Administrative Law Judge
 
                                 DECISION
 
                           Statement of the Case
 
    This is a proceeding under the Federal Service Labor-Management
 Relations Statute, Chapter 71 of Title 5 of the U.S. Code, 5 U.S.C.
 Section 7101, et seq., and the Rules and Regulations issued thereunder.
 
    Pursuant to a charge filed on June 17, 1986, by the National Treasury
 Employees Union, (hereinafter called the Union or NTEU), a Complaint and
 Notice of Hearing was issued on August 28, 1986, by the Regional
 Director for Region III, Federal Labor Relations Authority, Washington,
 D.C.  The Complaint alleges that the Department of Energy, Headquarters
 Office, (hereinafter called the Respondent or DOE), violated Sections
 7116(a)(1), (5) and (8) of the Federal Service Labor-Management
 Relations Statute, (hereinafter called the Statute), by failing and
 refusing to furnish the Union the names and home addresses of all unit
 employees within the bargaining unit.
 
    A hearing was held in the captioned matter on November 26, 1986, in
 Washingtion, D.C.  At the commencement of the hearing the General
 Counsel introduced the Complaint, Respondent's Answer thereto, and two
 Joint Exhibits consisting of the Union's request for the names and
 addresses of the bargaining unit employees and Respondent's refusal to
 furnish same.  Thereafter, on the basis of the foregoing documents, the
 General Counsel moved for summary judgement.  Thereafter, prior to
 ruling on the motion, the undersigned administrative law judge requested
 Respondent's position on the motion.  Whereupon, Respondent's Counsel
 took the position that Respondent was under no obligation to supply the
 home addresses of the unit members because (1) the Union had alternative
 means of communication with the employees available, (2) there were no
 bargaining negotiations underway which would require union
 communications with the unit employees and, (3) that disclosure of the
 requested information would violate the provisions of the Privacy Act.
 Respondent's offer of proof as to (1) and (2) was denied by the
 undersigned administrative law judge on the ground that the Authority's
 decision in Farmers Home Administration, Finance Office, St. Louis,
 Missouri, 23 FLRA No. 101, made it clear that such considerations were
 not valid reasons for denying a Union's request for the home addresses
 of bargaining unit members.  The parties were then informed that the
 undersigned intended to, and would, grant the General Counsel's motion
 for summary judgement.
 
    The Respondent and the General Counsel submitted post-hearing briefs
 on December 15 and 16, 1986, respectively.
 
    Upon the basis of the above described record, and after consideration
 of the post-hearing briefs, I make the following findings of fact,
 conclusions and recommendations.
 
                             Findings of Fact
 
    The Union is the exclusive certified representative of Respondent's
 professional and nonprofessional employees employed in the Washington,
 D.C. metropolitan area.
 
    By letter dated April 10, 1986, the Union requested that Respondent
 furnish it with the names and home addresses of all unit employees
 within the bargaining unit.
 
    The information, i.e. names and home addresses of bargaining unit
 employees, is normally maintained by Respondent in the regular course of
 business, is reasonably available, and does not constitute guidance,
 counsel or training provided for management officials or supervisors
 relating to collective bargaining.
 
    By letter dated April 21, 1986, Respondent refused to furnish the
 Union the names and home addresses of bargaining unit employees.
 
                        Discussion and Conclusions
 
    The General Counsel takes the position that the Authority's decision
 in Farmers Home Administration, Finance Office, St. Louis, Missouri,
 supra, is dispositive of all Respondent's defenses and that summary
 judgement is in order.
 
    As noted above, Respondent takes the position that the Privacy Act of
 1974, 5 U.S.C. 552a prohibits the release of the requested information,
 that inasmuch as the parties were not engaged in collective bargaining
 negotiations the Union was not entitled to the information and, finally,
 that since the Union had alternate means of communication there was no
 need for the requested information.
 
    In agreement with the General Counsel I find that the Authority's
 decision in Farmers Home Administration, Finance Office, St. Louis,
 Missouri, supra, is dispositive of all Respondent's contentions and/or
 defenses.  Thus, the Authority held that release of the names and home
 addresses of unit employees is not prohibited by the Privacy Act, that
 regardless of the existence of alternative means of communication the
 names and home addresses of unit employees should be supplied to the
 Union on request, and, finally, that the exclusive representative need
 not offer any explanation as to the reasons it seeks such information
 since the Union's need "is so apparent and essentially related to the
 nature of exclusive representation itself. . . " .
 
    Accordingly, based primarily on the Authority's decision in Farmers
 Home Administration, Finance Office, St. Louis, Missouri, supra, I find
 that the Respondent's refusal to furnish the Union with the names and
 home addresses of bargaining unit employees constituted a violation of
 Sections 7116(a)(1), (5) and (8) of the Statute.
 
    Having found that Respondent violated the Statute by refusing to
 supply the Union the names and home addresses of the bargaining unit
 employees, it is hereby recommended that the Authority adopt the
 following order designed to effectuate the purposes and policies of the
 Statute.
 
                                   ORDER
 
    Pursuant to Section 2423.29 of the Federal Labor Relations
 Authority's Rules and Regulations and Section 7118 of the Federal
 Service Labor-Management Relations Statute, 5 U.S.C. Section 7118, it is
 ordered that the Department of Energy, Headquarters Office shall:
 
    1.  Cease and desist from:
 
          (a) Refusing to furnish, upon request of the National Treasury
       Employees Union, the exclusive representative of its employees,
       the names and home addresses of all bargaining unit employees.
 
          (b) 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) Furnish the names and home addresses of all bargaining unit
       employees as requested by the National Treasury Employees Union.
 
          (b) Post at Department of Energy, Headquarters Office,
       Washington, D.C. 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 a responsible official of
       the Department of Energy 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 of Region III, Federal
       Labor Relations Authority, 1111 - 18th Street, NW., Suite 700,
       P.O. Box 33758, Washington, D.C.  20033-0758, in writing, within
       30 days from the date of this Order, as to what steps have been
       taken to comply herewith.
 
                                       /s/ Burton S. Sternburg
                                       Administrative Law Judge
 
    Dated:  December 17, 1986
    Washington, D.C.
 
 
 
 
 
                                 APPENDIX
 
  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 STATUTE
 
                   WE HEREBY NOTIFY OUR EMPLOYEES THAT:
 
    WE WILL NOT refuse to furnish, upon request of the National Treasury
 Employees Union, the exclusive representative of our employees, the
 names and home addresses of all bargaining unit employees in the
 Department of Energy, Headquarters Office.
 
    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 names and home addresses of all bargaining unit
 employees as requested by the National Treasury Employees Union.
                                       . . . (Agency or Activity)
 
    Dated:  . . . By:  . . . (Signature)
 
    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 any of its provisions, they may communicate directly with the
 Regional Director of the Federal Labor Relations Authority, Region III,
 whose address is:  1111 - 18th Street, NW., Room 700, P.O. Box 33758,
 Washington, D.C