27:0445(62)CA - VA, Washington, DC and VA Regional Office and Insurance Center, St. Paul, MN and AFGE National VA Council Local 1969 -- 1987 FLRAdec CA



[ v27 p445 ]
27:0445(62)CA
The decision of the Authority follows:


 27 FLRA No. 62
 
 VETERANS ADMINISTRATION 
 WASHINGTON, D.C.
 
 and
 
 VETERANS ADMINISTRATION REGIONAL 
 OFFICE AND INSURANCE CENTER 
 ST. PAUL, MINNESOTA
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, NATIONAL VA COUNCIL 
 LOCAL 1969, AFL-CIO
 Charging Party
 
                                            Case No. 5-CA-70070
 
                            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 parties.  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
 
    By letter dated November 17, 1986, the Union requested the names and
 home addresses of all bargaining unit employees employed at the
 Respondent's Regional Office and Insurance Center in St. Paul,
 Minnesota.  By letter dated November 21, 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
 employees is prohibited by the Privacy Act.  The Respondent also
 contends that home addresses are not necessary for the Union to carry
 out its collective bargaining duties, claiming that the Union provided
 no reason why it is necessary to communicate with the employees at home
 and that adequate alternate means are available for communication.  The
 Respondent urges the Authority to reconsider its determination 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. 86-2779 (8th Cir. Dec. 23, 1986).  The
 Respondent asserts that the disclosure of unit employees' names and home
 addresses to an exclusive representative is not covered by the "routine
 use" exception which permits disclosure of information to labor
 organizations when relevant and necessary to their representational
 duties.
 
    The General Counsel contends that this case is controlled by the
 Authority's Decision on Remand in Farmers Home.  The General Counsel
 argues that the need for names and home addresses is so apparent and
 essentially related to the nature of exclusive representation that an
 explanation or justification for wanting the names and home addresses is
 not required.  Further, the General Counsel maintains that the names and
 home addresses should be provided whether or not alternate means of
 communication are available.  Finally, the General Counsel argues that
 the Respondent's failure to furnish the requested names and home
 addresses constituted a failure to comply with section 7114(b)(4) of the
 Statute and, consequently, a violation of section 7116(a)(1), (5) and
 (8).
 
                       IV.  Analysis and Conclusion
 
    In our Decision and Order on Remand in Farmers Home, 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 necessary 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 in Farmers
 Home, we reject the Respondent's assertions in this case and find that
 the Respondent was required to provide the information under section
 7114(b)(4).  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 Veterans Administration, Washington, D.C. and Veterans
 Administration Regional Office and Insurance Center, St. Paul, Minnesota
 shall:
 
    1.  Cease and desist from:
 
          (a) Refusing to furnish, upon request by the American
       Federation of Government Employees, National VA Council, Local
       1969, AFL-CIO, the exclusive representative of a 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 their 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 American Federation of Government Employees,
       National VA Council, Local 1969, AFL-CIO, 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 American Federation of Government Employees,
       National VA Council, Local 1969, 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 Regional Director of the Veterans Administration
       Office and Insurance Center, St. Paul, Minnesota 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.
 
    Issued, Washington, D.C., June 16, 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 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 STATE CODE
 
                FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 
                   WE HEREBY NOTIFY OUR EMPLOYEES THAT:
 
    WE WILL NOT refuse to furnish, upon request of the American
 Federation of Government Employees, National VA Council, Local 1969,
 AFL-CIO, 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
 Federal Service Labor-Management Relations Statute.
 
    WE WILL furnish the American Federation of Government Employees,
 National VA Council, Local 1969, AFL-CIO, the exclusive representative
 of a bargaining unit of our employees, with the names and home addre