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 a