27:0770(83)CA - Long Beach Naval Shipyard, Long Beach, CA and Federal Employees MTC -- 1987 FLRAdec CA



[ v27 p770 ]
27:0770(83)CA
The decision of the Authority follows:


 27 FLRA No. 83
 
 LONG BEACH NAVAL SHIPYARD
 LONG BEACH, CALIFORNIA
 Respondent
 
 and
 
 FEDERAL EMPLOYEES METAL TRADES
 COUNCIL, AFL-CIO
 Charging Party
 
                                            Case No. 8-CA-70137
 
                            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 commplaint
 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 names and home addresses of
 bargaining unit employees.  The Respondent and the General Counsel filed
 briefs.  For the reasons below, we find that the Respondent has
 committed the unfair labor practices as alleged.
 
                                II.  Facts
 
    The Union is the exclusive representative of a unit of all ungraded
 employees of the Respondent at its Long Beach, California facility.  By
 letter dated November 12, 1986, the Union requested names and home
 addresses of all unit employees.  On or about December 8, 1986, the
 Respondent denied the request.
 
    The parties have stipulated that the information sought by the Union
 is normally maintained by the Respondent in the regular course of
 business, is reasonably available and does not constitute guidance,
 counsel or training for management officials or supervisors, relating to
 collective bargaining.
 
                      III.  Positions of the Parties
 
                            A.  The Respondent
 
    The Respondent asserts that disclosure of the information requested
 by the Union is not required by section 7114(b) of the Statute because
 such disclosure is prohibited by law under the Privacy Act.  The
 Respondent also asserts that the information is not necessary for the
 Union to carry out its representational duties, and that the existence
 of sufficient alternative means of communicating with unit employees
 should be considered.
 
                          B.  The General Counsel
 
    The General Counsel argues that our decision in Famers 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 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.
 
    We also found in Farmers Home that the release of the information is
 generally required without regard to whether alternative means of
 communication 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.
 
                                   ORDER
 
    Pursuant to section 2423.29 of the Authority's Rules and Regulations
 and section 7118 of the Federal Service Labor-Management Relations
 Statute, Long Beach Naval Shipyard, Long Beach, California, shall:
 
    1.  Cease and desist from:
 
          (a) Refusing to furnish upon request of the Federal Employees
       Metal Trades Council, AFL-CIO, the exclusive representative of a
       unit of its employees, the names and home addresses of all
       bargaining unit employees located at its Long Beach, California
       Naval Shipyard.
 
          (b) In any like or related manner, interfering with,
       restraining, or coercing its employees in the exercise of rights
       assured 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 Federal Employees Metal Trades Council,
       AFL_CIO, the exclusive representative of its employees, furnish it
       with the names and home addresses of all bargaining unit employees
       located at its Long Beach, California Naval Shipyard.
 
          (b) Post at its facility 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 Long Beach Naval Shipyard 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 VIII, Federal
       Labor Relations Authority, Los Angeles, California, 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 26, 1987.
 
                                       Jerry L. Calhoun, Chairman
                                       Henry B. Frazier III, Member
                                       Jean McKee, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
  NOTICE TO ALL EMPOLOYEES AS ORDERED BY THE FEDERAL LABOR
 RELATIONS
 AUTHORITY AND TO EFFECTUATE THE POLICIES OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE WE NOTIFY OUR EMPLOYEES
 THAT:
 
    WE W