28:0019(5)CA - Navy, Naval Communications Station Stockton, Stockton, CA and AFGE Local 2029 -- 1987 FLRAdec CA
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The decision of the Authority follows:
28 FLRA No. 5
DEPARTMENT OF THE NAVY NAVAL COMMUNICATIONS STATION STOCKTON, STOCKTON, CALIFORNIA Respondent and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2029, AFL-CIO Charging Party Case No. 9-CA-70140
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 complaint 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 the 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.
The Union is the exclusive representative of a unit of the Respondent's nonprofessional employees. By letter dated November 17, 1986, the Union requested the names and home addresses of all unit employees, which the Respondent declined to provide on or about November 28, 1986.
The parties have stipulated that the information sought by the Union is normally maintained by the Respondent in the regular course of business and is reasonably available and does not constitute guidance, counsel or training for management officials or supervisors, relating to collective bargaining. [PAGE]
III. Positions of the Parties
A. The Respondent
The Respondent argues that it appears that the 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 the Farmers Home Administration Office, St. Louis, Missouri v. FLRA, No. 86-2579 (8th Cir. Dec. 23, 1986), is dispositive. However, the Respondent disagrees with the Authority's rationale in that decision and contends that the Authority erred in reversing its prior holdings on the issue of disclosure of names and home addresses. The Respondent asserts that disclosure of the information requested is not required by section 7114(b) of the Statute because such disclosure is prohibited by law under the Privacy Act. In support it contends that disclosure would constitute an unwarranted invasion of the employees' privacy and would not be for a routine use within the meaning of the Privacy Act.
B. The General Counsel
The General Counsel argues that our decision in Farmers Home is controlling. He asserts that the Respondent's refusal to provide the requested names and home addresses 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. 1 We found that both [ v28 p2 ] exceptions to the Privacy Act's bar applied so as to authorize release of the information.
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 names and 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.
Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor - Management Relations Statute, Department of the Navy, Naval Communications Station Stockton, Stockton, California, shall:
1. Cease and desist from:
(a) Refusing to furnish upon request of the American Federation of Government Employees, Local 2029, AFL - CIO, the exclusive representative of a unit of its employees, the names and home addresses of all bargaining unit employees located at Naval Communications Station Stockton.
(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 American Federation of Government Employees, Local 2029, AFL - CIO, the exclusive [ v28 p3 ] names and home addresses is an unwarranted invasion of privacy. FPM Chapter 294, Appendix C, was deleted on March 12, 1985 when Chapter 294 was revised. The revised chapter contains no statement similar to that which was contained in Appendix C and on which the Agency relies. representative of its employees, furnish it with the names and home addresses of all bargaining unit employees located at the Naval Communications Station Stockton.
(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 Naval Communications Station Stockton 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 IX, Federal Labor Relations Authority, San Francisco, 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., July 16, 1987.
Jerry L. Calhoun, Chairman
Henry B. Frazier III, Member
Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY [ v28 p4 ]
NOTICE TO ALL EMPLOYEES 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 WILL NOT refuse to furnish, upon request of the American Federation of Government Employees, Local 2029, AFL - CIO, the exclusive representative of a unit of our employees, the names and home addresses of all bargaining unit employees located at the Naval Communications Station Stockton.
WE WILL NOT in any like or related manner, interfere with, restrain, or coerce our employees in the exercise of rights assured them by the Federal Service Labor - Management Relations Statute.
WE WILL, upon request by the American Federation of Government Employees, Local 2029, AFL - CIO, the exclusive representative of a unit of employees, furnish it with the names and home addresses of all bargaining unit employees located at the Naval Communications Station Stockton.
____________________________ (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 of the Federal Labor Relations Authority, Region IX, whose address is: 901 Market Street, Suite 220, San Francisco, California, 94103-9991 and whose telephone number is: (415) 995-5000. [PAGE]
Footnote 1 The Agency asserts that according to Federal Personnel Manual (FPM) Chapter 294, Appendix C, disclosure of employee