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.
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 on Remand in Farmers Home, we reject the Respondent's assertion in this case that the disclosure of the home addresses of bargaining unit employees to the Union is prohibited by law 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.
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 Navy, Great Lakes Naval Hospital, Great Lakes, Illinois shall:
1. Cease and desist from:
(a) Refusing to furnish, upon request of American Federation of Government Employees, Local 2107, AFL - CIO, 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 American Federation of Government Employees, Local 2107, AFL - CIO, 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 where bargaining unit employees represented by the American Federation of Government Employees Local 2107, 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 Commanding Officer of the Department of the Navy, Great Lakes Naval Hospital, Great Lakes, Illinois and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and 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 herewith.
Issued, Washington, D.C., June 30, 1987.
Jerry L. Calhoun, Chairman
Henry B. Frazier III, Member
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 American Federation of Government Employees, Local 2107, AFL - CIO, 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 ma