[ v27 p310 ]
27:0310(42)CA
The decision of the Authority follows:
27 FLRA No. 42
VETERANS ADMINISTRATION
WASHINGTON, D.C. AND
VETERANS ADMINISTRATION MEDICAL
CENTER, NORTH CHICAGO, ILLINOIS
Respondent
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2107, AFL-CIO
Charging Party
Case No. 5-CA-70131
DECISION AND ORDER
I. Statement of the Case
This matter is before the Authority under section 2429.1(a) of our
Regulations based on the parties' stipulation of facts. 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
refusing to provide the Union with the names and home addresses of all
employees in the Veterans Administration (VA) Medical Center, North
Chicago, Illinois bargaining unit. The General Counsel and the
Respondent have filed briefs with the Authority. For the reasons
discussed below, we find that the Respondent has committed the unfair
labor practices as alleged.
II. Background
By letter dated December 17, 1986, the President of American
Federation of Government Employees (AFGE) Local 2107 (the Union)
requested the Director of the North Chicago VA Medical Center to provide
the Union with the names and home addresses of all bargaining unit
employees at the activity. There are approximately 1544 employees in
the bargaining unit. The parties were in negotiations for a local
supplemental agreement to the governing master agreement. The Union
wished to solicit concerns and opinions regarding the local supplemental
agreement and regarding a contracting-out study.
The Respondent's Personnel Division Chief notified the Local Union
President by letter on December 23, 1966, that the listing was being
prepared. In a telephone conversation on or about January 26, 1987,
however, the Respondent's Personnel Division Chief refused to provide
the home addresses of the bargaining unit members to the Union. The
Respondent has continued to refuse to provide the home addresses of
employees to the Union.
The parties have stipulated that the information requested by the
Union is normally maintained by Respondent in the regular course of
business, is reasonably available, and does not constitute guidance,
advice, counsel, or training for management officials or supervisors,
relating to collective bargaining.
II. Positions of the Parties
A. The Respondent
The Respondent states that section 7114(b)(4) of the Statute requires
federal employers to release "data" only when it "is reasonably
available and necessary for full and proper discussion, understanding,
and negotiation of subjects within the scope of collective bargaining"
and only "to the extent not prohibited by law." The Respondent asserts
that disclosure of the information requested by the Union is not
required by section 7114(b) because such disclosure is prohibited by law
under the Privacy Act. The Respondent contends that even if the Privacy
Act did not prohibit disclosure, section 7114(b) would not require an
agency to furnish to a labor organization the employees' names and home
addresses. The Respondent contends that only data related to conditions
of employment are required to be given to a union under section 7114(b)
during contract negotiations.
The Respondent asserts further that even if the employees' names and
home addresses are records in a system of records and one or more of the
exceptions to the Privacy Act's disclosure prohibition do not apply, the
nonconsensual disclosure of home addresses is nevertheless precluded by
the Privacy Act. The Respondent contends that neither the Freedom of
Information Act nor the routine use exceptions apply.
Finally, the Respondent asserts that adequate alternative means exist
for communication between the Union and the bargaining unit members
making unnecessary the Union's need for the employees' names and home
addresses.
B. The General Counsel
The General Counsel argues that our decision on remand in Farmers
Home Administration Finance Office, St. Louis, Missouri, 23 FLRA No. 101
(1986), petition for review filed sub nom. U.S. Department of
Agriculture and the Farmers Home Administration Finance Office, St.
Louis, Missouri v. FLRA, No. 86-2579 (8th Cir. Dec. 23, 1986) is
controlling in this case. The General Counsel submits that the
Respondent's refusal to provide the home addresses of bargaining unit
employees violates section 7114(b)(4) of the Statute and constitutes the
unfair labor practices alleged in the complaint.
IV. Analysis and Conclusions
In our decision on remand in Farmers Home, we held that the release
of the names and home addresses of bargaining unit employees to
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 of section 7114(b)(4). Our 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. We
found that both exceptions to the Privacy Act's bar applied so as to
authorize release of the information under the Privacy Act.
In our decision in Departments of the Army and Air Force, Army and
Air Force Exchange Service Headquarters, Dallas, Texas and Army and Air
Force Exchange Service, McClellan Air Force Base, California, 26 FLRA
No. 85 (1987), application for enforcement filed sub nom. FLRA v.
Departments of the Army and Air Force, Army and Air Force Exchange
Service Headquarters, Dallas, Texas and Army and Air Force Exchange
Service, McClellan Air Force Base, California, No. 87-1201 (D.C. Cir.
May 4, 1987), we addressed the situation where employees' home addresses
were not in a system of records governed by the Office of Personnel
Management's routine use statement which allows disclosure to unions.
We found that this distinction does not affect the disclosure of the
employees' home addresses to a union under exception (b)(2) of the
Privacy Act. Thus, regardless of the particular character of the system
of records containing the employees' home addresses, disclosure may
still be made to a union.
We also found in Farmers Home that the release of the information is
generally required without regard to whether alternative means of
comunication are available. Further, from the parties' stipulation, it
is evident that the other requirements of section 7114(b)(4)(A), (B) and
(C) have been met. Consistent with our decision in Farmers Home, we
therefore find that the Respondent was required to furnish the Union
with the home addresses of the employees in the bargaining unit. Its
refusal to do so violated section 7116(a)(1), (5) and (8) of the
Statute.
V. 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 Veterans Administration, Washington, D.C. and the Veterans
Administration Medical Center, North Chicago, Illinois, shall:
1. Cease and desist from:
(a) Refusing to furnish, upon request of the American
Federation of Government Employees, Local 2107, AFL-CIO, the
exclusive representative of its employees, the names and home
addresses of all bargaining unit employees located at its North
Chicago VA Medical Center.
(b) In any like or related manner, interfering with,
restraining, or coercing its employees in the exercise of rights
assured them by the Statute.
2. Take the following affirmative action in order to effectuate the
purposes and policies of the Statute:
(a) Upon request by the American Federation of Government
Employees, Local 2107, AFL-CIO, the exclusive representative of
its employees, furnish it with the names and home addresses of all
bargaining unit employees located at its North Chicago VA Medical
Center.
(b) Post at all its facilities at the VA Medical Center, North
Chicago, Illinois, where bargaining unit employees represented by
the American Federation of Government Employees, Local 2107,
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 Director of the VA
Medical Center, North Chicago, Illinois, 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 V, Federal Labor
Relations Authority, in writing, within 30 days from the date of
this Order, as to what steps have been taken to comply with this
Order.
Issued, Washington, D.C., May 29, 1987.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY
APPENDIX
NOTICE TO ALL EMPLOYEES
PURSUANT TO A DECISIQON 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 refuse to furnish, upon request of of the American
Federation of Government Employees, Local 2107, AFL-CIO, the exclusive
representative of our employees, the names and home addresses of all
bargaining unit employees located at our North Chicago VA Medical
Center.
WE WILL NOT in any like or related manner interfere with, restrain,
or coerce our employees in the exercise of rights assured them by the
Federal Service Labor-Management Relations Statute.
WE WILL, upon request by the American Federation of Government
Employees, Local 2107, AFL-CIO, the exclusive representative of our
employees, furnish it with the names and home addresses of all
bargaining unit employees located at our North Chicago VA Medical
Center.
... (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 V, Federal Labor Relations Authority, whose address is:
175 West Jackson Blvd., Suite 1359-A, Chicago, Illinois 60604 and whose
telephone number is: (312) 353-6306.