28:0102(20)CA - Long Beach Naval Shipyard, Long Beach, CA and AFGE Local 2237 -- 1987 FLRAdec CA



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28:0102(20)CA
The decision of the Authority follows:


28 FLRA No. 20

LONG BEACH NAVAL SHIPYARD
LONG BEACH, CALIFORNIA

                   Respondent

         and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2237, AFL-CIO

                   Charging Party

Case No. 8-CA-70184

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 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.

II. Facts

The Union is the exclusive representative of a unit of General Schedule employees of the Respondent at its Long Beach, California facility. By memorandum dated December 10, 1986, the Union requested that the Respondent furnish it with the names and home addresses of all unit employees. By memorandum dated December 30, 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 of management officials or supervisors relating to collective bargaining. [PAGE]

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)(4) 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 Farmers 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 names and 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 [ v28 p2 ] met. We reject the Respondent's assertion concerning the Federal Personnel Manual, Chapter 294, Appendix C, for the reasons stated in Department of the Navy, Naval Air Station, Moffett Field, California, 28 FLRA No. 10 (1987).