27:0650(75)CA - Air Force, Hanscom AFB, Bedford, MA and NAGE, Local R1-8 -- 1987 FLRAdec CA



[ v27 p650 ]
27:0650(75)CA
The decision of the Authority follows:


 27 FLRA No. 75
 
 DEPARTMENT OF THE AIR FORCE 
 HANSCOM AIR FORCE BASE 
 BEDFORD, MASSACHUSETTS
 Respondent
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT 
 EMPLOYEES, LOCAL R1-8
 Charging Party
 
                                            Case No. 1-CA-60282
 
                            DECISION AND ORDER
 
    The Administrative Law Judge issued the attached decision in the
 above entitled proceedings finding that the Respondent had engaged in
 the unfair labor practices alleged in the complaint, and recommending
 that the Respondent be ordered to take appropriate remedial action.  The
 Respondent filed exceptions to the Judge's decision.  The General
 Counsel filed a response to the exceptions.
 
    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 the Air Force, Hanscom Air Force Base shall:
 
    1.  Cease and desist from:
 
          (a) Refusing to furnish, upon request of the National
       Association of Government Employees, Local R1-8, 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 Association of Government Employees,
       Local R1-8, 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 at the Hanscom Air Force Base,
       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 Commander, Hanscom Air Force Base, and
       shall be posted and maintained for 60 consecutive days thereafter,
       in conspicuous places, including all bulletin boards and places
       were 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 I, Federal Labor
       Relations Authority, in writing, within 30 days from the date of
       this Order as to what steps have been taken to comply herewith.
 
    Issued, Washington, D.C., June 24, 1987.
 
                                       /s/ Jerry L. Calhoun, Chairman
                                       /s/ Henry B. Frazier III, Member
                                       /s/ Jean McKee, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
                          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
 
                   WE HEREBY NOTIFY OUR EMPLOYEES THAT:
 
    WE WILL NOT refuse or fail to furnish, upon request, of the National
 Association of Government Employees, Local R1-8, the exclusive
 representative of a bargaining unit of our employees, the names and home
 addresses of all bargaining unit employees.
 
    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 National Association of Government Employees,
 Local R1-8, the exclusive representative of a bargaining unit of our
 employees, the names and home addresses of all employees in the unit.
                                       (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 I, Federal Labor Relations Authority, whose address is:
  10 Causeway Street, Room 1017, Boston, Massachusetts 02222-1046, and
 whose telephone number is:  (617) 565-7280.
 
 
 
 
 
 
 
 
 
 
 -------------------- ALJ$ DECISION FOLLOWS --------------------
 
    Case No. 1-CA-60282
 
 DEPARTMENT OF THE AIR FORCE, HANSCOM AIR 
 FORCE BASE (BEDFORD, MASSACHUSETTS)
    Respondent
 
                                    and
 
 NATIONAL ASSOCIATION OF GOVERNMENT 
 EMPLOYEES, LOCAL R-1-8
    Charging Party
 
    Major Steven E. Sherwood
    Lorraine B. Iovanni
    For the Respondent
 
    Richard Martino
    For the Charging Party
 
    Marilyn H. Zuckerman, Esq.
    For the General Counsel, FLRA
 
    Before:  SAMUEL A. CHAITOVITZ,
    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 USC Section
 7101, et seq., 92 Stat. 1191 (hereinafter referred to as the Statute)
 and the Rules and Regulations of the Federal Labor Relations Authority
 (FLRA), 5 C.F.R. Chapter XIV, Section 2410, et seq.
 
    Pursuant to a charge filed on May 27, 1986 by the National
 Association of Government Employees, Local R-1-8, hereinafter called the
 Union, and a first amended charge filed on July 18, 1986 against the
 Department of the Air Force, Hanscom Air Force Base, hereinafter called
 the Respondent, the General Counsel of the FLRA, by the Regional
 Director of Region I, issued a Complaint and Notice of Hearing on July
 24, 1986, alleging that the Respondent violated Section 7116(a)(1), (5)
 and (8) of the Statute by failing to furnish to the Union, upon request,
 the names and home addresses for all bargaining unit employees at
 Hanscom Air Force Base.
 
    A hearing was conducted before the undersigned in Boston,
 Massachusetts on December 18, 1986.  The Respondent, the Union and the
 General Counsel of the FLRA were represented and afforded full
 opportunity to be heard, to examine and cross-examine witnesses, to
 introduce evidence and to argue orally.  Post-hearing briefs, including
 proposed findings and conclusions, were filed and have been fully
 considered.
 
    Based on the entire record in this matter I make the following:
 
                             Findings of Fact
 
    At all times material herein, the Union has been and is now the
 exclusive collective bargaining representative of an appropriate unit of
 employees consisting of:
 
          All non-supervisory Wage Grade employees (WG and WL);  all
       non-supervisory, non-professional General Schedule employees;
       non-supervisory General Schedule firefighters assigned to the New
       Boston Air Force Station;  all of which are serviced by the
       Central Civilian Personnel Office, Hanscom Air Force Base, MA.
       Excluded from the aforementioned units are all professional
       employees, supervisors and management officials, guards,
       confidential employees, employees engaged in Federal personnel
       work other than in a purely clerical capacity, all General
       Schedule employees of their Air Force Geophysics Laboratory and
       the Deputy for Electronics Technology, Operating Location -- AL,
       Rome Air Development Center (RADC) and all non-supervisory
       employees of the Fire Protection Branch of the Base Civil
       Engineering Division, Hanscom Air Force Base, MA.
 
    By letter dated April 14, 1986, the Union requested names and home
 addresses of all bargaining unit employees.  Respondent replied by
 letter of May 20, 1986, that the Union would not be provided with the
 names and home addresses due to Privacy Act concerns and the means of
 alternative access available to the Union.
 
    The names and home addresses of bargaining unit employees at Hanscom
 Air Force Base are maintained at that facility in their personnel files.
  This data is also available by work organization in the computer data
 system that is administered by the Civilian Payroll Office on the Base.
 The Base's Personnel Office maintains a code of employees by bargaining
 unit.  Respondent's witness testified that it would not be difficult to
 extract individual Social Security numbers of employees from the
 bargaining unit status code in the Personnel Office and to
 cross-reference that with the civilian payroll system data to provide
 the names and home addresses of bargaining unit employees to the Union.
 
                     Discussion and Conclusions of Law
 
    The Federal Labor Relations Authority has issued its lead decision on
 the names and home addresses of bargaining unit employees holding that,
 upon request, management must provide this data to unions.  Farmers Home
 Administration, Finance Office, St. Louis, MO and American Federation of
 Government Employees, AFL-CIO, Local 3354, 23 FLRA No. 101, (October 31,
 1986).  There the Authority analyzed the interplay of the Statute, the
 Privacy Act, and the Freedom of Information Act, and concluded that "the
 release of names and home addresses to the Union is not prohibited by
 law, is necessary for the Union to fulfill its duties under the Statute,
 and meets the other requirements of Section 7114(b)(4)." Ibid., at page
 11.  The Authority found that a general written request for the
 information is sufficient, since,
 
          "an exclusive representative's need for the names and home
       addresses of the bargaining unit employees it is required to
       represent is so apparent and essentially related to the nature of
       exclusive representation itself that . . . (the duty to supply the
       data) does depend upon any separate explanation by the union of
       its reasons for seeking the information." Ibid., at page 11.
 
    In the instant case, it is undisputed that the Union submitted a
 written request for the names and home addresses of all bargaining unit
 employees and that the request was denied.  The issues at trial were
 whether the sought after information is normally maintained by the
 Agency, whether it is necessary, and whether disclosure is prohibited by
 law.  These issues will be analyzed in terms of the decision in Farmers
 Home Administration as follows:
 
                   A.  Normally Maintained by the Agency
 
    There is no question that the home addresses of federal employees are
 in their personnel files.  Farmers Home Administration, ibid., at page
 7.  The names and home addresses of bargaining unit employees herein are
 maintained at Hanscom Air Force Base in their personnel files and in the
 computer data system by work organization in the Base's Civilian Payroll
 Office.  The Personnel Office at the facility maintains a code of
 employees by bargaining unit.  The data requested is "reasonably
 available" despite the fact that Respondent would have to compile the
 information by reconciling computer data with separate lists maintained
 at the Base.  Air Force District of Washington and AFGE-GAIU Council of
 HQUSAF Locals, AFL-CIO, OALJ-87-15, Judge Garvin Lee Oliver, December
 11, 1986.  In short, the names and home addresses of bargaining unit
 employees are normally maintained in the regular course of business by
 the Agency and reasonably available within the meaning of the Statute.
 
                               B.  Necessary
 
    The data is also necessary to collective bargaining and the "mere
 existence of alternative means of communication is insufficient to
 justify a refusal to release the information." Farmers Home
 Administration, ibid., at page 9.  There, the Authority found that it
 was not necessary to examine adequacy of alternative means,
 
          "because the communication between unit employees and their
       exclusive representative which would be facilitated by release of
       names and home addresses information is fundamentally different
       from other communication through alternative means which are
       controlled in whole or in part by the agency." Ibid. at page 9.
 
    The names and home addresses of bargaining unit employes is necessary
 information and should be provided to the Union whether or not
 alternative means of communication are available.
 
                           C.  Prohibited by Law
 
    The release of the names and home addresses is not prohibited by law
 since the provision of the data falls within the routine use excemption
 (b)(3) of the Privacy Act.  Farmers Home Administration, ibid., at page
 7.  The release of the information is also not a clearly unwarranted
 invasion of privacy within the meaning of exemption (b)(6) of the FOIA
 referenced by exemption (b)(2) of the Privacy Act.  Ibid., at page 5.
 In weighing individual privacy interests under these Statutes, the
 Authority tilts the balance in favor of disclosure, citing Getman v.
 NLRB, 450 F.2d 670, 674, (D.C. Cir. 1971), to enable the Union to
 identify bargaining unit employees and to communicate with them.  The
 release of the names and home addresses is not prohibited by law since
 disclosure comes within exemptions (b)(2) and (b)(3) of the Privacy Act.
 
    In light of the foregoing, I conclude that Respondent violated
 Section 7116(a)(1), (5) and (8) of the Statute by denying the Union's
 request pursuant to Section 7114(b)(4) for the names and home addresses
 of bargaining unit employees because this information is normally
 maintained by the Agency and is reasonably available and necessary for
 full and proper discussion, understanding and negotiation of subjects
 within the scope of collective bargaining and furnishing such data is
 not prohibited by law.  To remedy this violation, the Respondent should
 be ordered to provide the Union with the names and home addresses of all
 bargaining unit employees and to post a Notice as required by the
 Authority in Farmers Home Administration.
 
    Having concluded that Respondent violated Section 7116(a)(1)(5) and
 (8) of the Statute, I recommend that the Authority issue the following:
 
                                   ORDER
 
    Pursuant to Section 2423.29 of the Rules and Regulations of the
 Federal Labor Relations Authority and Section 7118 of the Statute, the
 Authority hereby orders that the Department of the Air Force, Hanscom
 Air Force Base, shall:
 
    1.  Cease and desist from:
 
          (a) Refusing or failing to furnish upon request of the National
       Association of Government Employees, Local R-1-8, the addresses of
       all unit employees.
 
          (b) In any like or related manner, interfering with,
       restraining or coercing 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) Upon request, furnish to the National Association of
       Government Employees, Local R-1-8, the names and addresses of all
       unit employees.
 
          (b) Post at its facilities at the Hanscom Air Force Base,
       copies of the attached Notice marked "Appendix" on forms to be
       furnished by the Authority.  Upon receipt of such forms, they
       shall be signed by the Commander, Hanscom Air Force Base, and
       shall be posted and maintained by him for 60 consecutive days
       thereafter, in conspicuous places, including all bulletin boards
       and other places where notices to employees are customarily
       posted.  The Commander shall take reasonable steps to insure that
       such notices are not altered, defaced, or covered by any other
       magterial.
 
          (c) Pursuant to 5 C.F.R. Section 2423.30 notify the Regional
       Director, Region 1, Federal Labor Relations Authority, Boston,
       Massachusetts, in writing, within 30 days from the date of this
       Order, as to what steps have been taken to comply herewith.
 
                                       /s/ SAMUEL A. CHAITOVITZ
                                       Administrative Law Judge
 
    Dated:  March 24, 1987
    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 or fail to furnish upon request of the National
 Association of Government Employees, Local R-1-8, the addresses of all
 unit employees.
 
    WE WILL NOT i