27:0963(106)CA AFGE, LOCAL 2107 VS NAVY, NAVAL HOSPITAL -- 1987 FLRAdec CA
[ v27 p963 ]
The decision of the Authority follows:
27 FLRA NO. 106
DEPARTMENT OF THE NAVY GREAT LAKES NAVAL HOSPITAL GREAT LAKES, ILLINOIS Respondent and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2107, AFL-CIO Charging Party Case No. 5-CA-70132
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 Respondent, the Charging Party (the Union) and the General Counsel. 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 Union, the exclusive representative of a unit of the Respondent's employees, with the names and home addresses of those employees as requested by the Union.
The Union is the exclusive representative of a unit of professional and non-professional employees of the Activity. By letter dated December 26, 1986, the Union requested that the Respondent provide it with the names and home addresses of the unit employees. By letter dated January 8, 1987, 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 essentially contends that release of the home addresses of employees is prohibited by the Privacy Act and that the information is not relevant or necessary for the union to carry out its representational duties. The Respondent disagrees with Authority's Decision on Remand in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA No. 101 (1986) (Farmers Home), petition for review filed sub nom., U.S. Department of Agriculture and Farmers Home Administration Finance Office, St. Louis, Missouri v. FLRA, 86-2779 (8th Cir. Dec. 23, 1986), and requests that the Authority reconsider the decision.
The General Counsel argues that the Authority's Decision on Remand in Farmers Home is controlling as it clearly answers all of the arguments raised by the Respondent. Consequently, the General Counsel contends that the Respondent's failure to furnish the requested names and home addresses constitutes a failure to comply with section 7114(b)(4) of the Statute and a violation of section 7116(a)(1),(5) and (8) of the Statute.