26:0625(78)CA - Navy, Mare Island Naval Shipyard, Vallejo, Calif., and IFPTE, Local 11 -- 1987 FLRAdec CA



[ v26 p625 ]
26:0625(78)CA
The decision of the Authority follows:


 26 FLRA No. 78
 
 DEPARTMENT OF THE NAVY 
 MARE ISLAND NAVAL SHIPYARD 
 VALLEJO, CALIFORNIA
 Respondent
 
 and
 
 INTERNATIONAL FEDERATION OF 
 PROFESSIONAL AND TECHNICAL 
 ENGINEERS, LOCAL 11
 Changing Party
 
                                            Case No. 9-CA-70006
 
                            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
 upon a stipulation entered into by the Respondent, the Charging Party
 and the General Counsel.  The issue is whether 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 Charging
 Party (the Union), the exclusive representative of a unit of the
 Respondent's employees, with the names and home addresses of those unit
 employees as requested by the Union.
 
                              II.  Background
 
    The Union is the exclusive representative of a unit of all General
 Schedule employees of the Respondent.  By letter dated May 21, 1986, the
 Union requested the names and home addresses of all bargaining unit
 employees.  By letter dated June 25, 1986, the Respondent denied the
 Union's 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 a complaint should not have been issued
 in this case because at that time the "overwhelming case law" of the
 Authority held that the disclosure of the home addresses of employees
 was prohibited by the Privacy Act.  Further, the Respondent argues that
 while it appears that 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. U.S. Department of
 Agriculture and the Farmers Home Administration Finance Office, St.
 Louis, Missouri v. FLRA, No. 86-2779 (8th Cir. Dec. 23, 1986) is
 controlling, the Respondent disagrees with the Authority's rationale in
 that decision and contends that the Authority erred in reversing its
 prior holdings.  The Respondent asserts that release of the information
 requested by the Union is prohibited by law.  In support of its
 assertion, the Respondent maintains that disclosure of employees' home
 addresses constitutes a clearly unwarranted invasion of the employees'
 privacy and, therefore, under the Privacy Act, the Freedom of
 Information Act and Federal Personnel Manual (FPM) chapter 294, appendix
 C, the information may not be disclosed.
 
    The General Counsel contends that this case is controlled by the
 Authority's decision on remand in FHAFO in which the Authority
 concluded, in circumstances virtually identical to this case, that
 section 7114(b)(4) of the Statute entitled the Charging Party to the
 names and home addresses of employees in the bargaining unit.  The
 General Counsel argues that in light of the Authority's decision on
 remand in FHAFO, 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
 
    In our Decision and Order on Remand in FHAFO, we concluded that the
 release of names and home addresses of bargaining unit employees to the
 exclusive representatives of those employees is not prohibited by law,
 is necesssary for unions to fulfill their duties under the Statute, and
 meets all of the other requirements established by section 7114(b) (4).
 We also determined that the release of the information is generally
 required without regard to whether alternative means of communication
 are available.  Based on our decision on remand in FHAFO, we reject the
 Respondent's assertion in this case that disclosure of the home
 addresses of bargaining unit employees to the Union is prohibited by law
 and find that the Respondent was required to provide the information
 under section 7114(b)(4).  Further in that regard, as to the
 Respondent's assertion that under FPM chapter 294, appendix C, the
 information should not be released, the Respondent did not provide a
 copy of the provision on which it relied and our examination of FPM
 chapter 294 discloses that there is no such provision.  Accordingly, the
 Respondent has failed to substantiate its claim.  Accordingly, we
 conclude that the Respondent's refusal to provide the Union with the
 requested information violated section 7116(a)(1), (5) and (8) of the
 Statute.
 
                                   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 Navy, Mare Island Naval Shipyard,
 Vallejo, California shall:
 
                        1.  Case and desist from:
 
    (a) Refusing to furnish, upon request by the International Federation
 of Professional and Technical Engineers, Local 11, the exclusive
 representative of a unit of its employees, the names and home addresses
 of all employees in the bargain 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
 
                effecuate the purposes and policies of the Statute:
 
    (a) Furnish the International Federation of Professional and
 Technical Engineers, Local 11, the exclusive representative of a unit of
 its employees, with the names and home addresses of employees in the
 bargaining unit.
 
    (b) Post at all its facilities where bargaining unit employees
 represented by the International Federation of Professional and
 Technical Engineers, Local 11 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 of
 the Mare Island Naval Shipyard, Vallejo, California and shall be posted
 and maintained for 60 consecutive days thereafter, in conspicous 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 taken to comply.
 
    Issued, Washington, D.C., April 21, 1987.
 
                                       /s/ Jerry L. Calhoun
                                       Jerry L. Calhoun, Chairman
                                       /s/ Henry B. Frazier III
                                       Henry B. Frazier III, Member
                                       /s/ Jean McKee
                                       Jean McKee, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
                          NOTICE TO ALL EMPLOYEES
 
  PURSUANT TO A DECISION AND RDER OF THE FEDERAL LABOR
 RELATIONS
 AUTHORITY AND TO EFFECTUATE THE POLICIES OF CHAPTER 71 OF TITLE
 5 OF THE
 UNITED STATES CODE
 
            FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE
 
                      WE NOTIFY OUR EMPLOYEES THAT:
 
          WE WILL NOT refuse to furnish, upon request of the
       International Federation of Professional and Technical Engineers,
       Local 11, the exclusive represe