28:0186(30)CA - VA Medical Center, Lincoln, NE and AFGE Local 2219 -- 1987 FLRAdec CA



[ v28 p186 ]
28:0186(30)CA
The decision of the Authority follows:


28 FLRA No. 30

VETERANS ADMINISTRATION MEDICAL
CENTER, LINCOLN, NEBRASKA

                   Respondent

         and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2219

                   Charging Party

Case No. 7-CA-70332

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Respondent had engaged in the unfair labor practices alleged in the complaint by refusing to furnish, upon request of the Charging Party, the names and mailing addresses of bargaining unit employees. The Judge granted the General Counsel's motion for summary judgment and recommended that the Respondent be ordered to take appropriate remedial action. The Respondent filed exceptions to the Judge's Decision and the General Counsel filed an opposition to the Respondent's exceptions.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor - Management Relations Statute (the Statute), we have reviewed the rulings of the Judge and find that no prejudicial error was committed. The rulings are hereby affirmed. Upon consideration of the Judge's Decision and the entire record, we adopt the Judge's findings, conclusions and recommended Order.

ORDER

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor - Management Relations Statute, the Veterans Administration Medical Center, Lincoln, Nebraska shall: [PAGE] 1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, AFL - CIO, Local 2219, an affiliate of the exclusive representative of a bargaining unit of its employees, the names and mailing addresses of all employees in the bargaining unit it represents.

(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, AFL - CIO, local 2219, an affiliate of the exclusive representative of a bargaining unit of its employees, the names and mailing addresses of all employees in the bargaining unit it represents.

(b) Post at all facilities of the Veterans Administration Medical Center, Lincoln, Nebraska where bargaining unit employees represented by the American Federation of Government Employees, AFL - CIO, and its affiliate Local 2219 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 Personnel Officer, Veterans Administration Medical Center, Lincoln, Nebraska and shall be posted in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted, and shall be maintained for 60 consecutive days thereafter. 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 VII, Federal Labor Relations [ v28 p2 ] 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., July 27, 1987.

Jerry L. Calhoun, Chairman

Henry B. Frazier III, Member

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY [ v28 p3 ]

             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, AFL - CIO, Local 2219, an affiliate of the exclusive representative of a bargaining unit of our employees, the names and mailing addresses of all employees in the bargaining unit it represents.

WE WILL NOT in any like or related manner interfere with, restrain, or coerce our employees in the exercise of their rights assured them by the Federal Service Labor - Management Relations Statute.

WE WILL furnish the American Federation of Government Employees, AFL - CIO, Local 2219, an affiliate of the exclusive representative of a bargaining unit of our employees, the names and mailing addresses of all employees in the bargaining unit it represents.

                           ________________________________
                                      (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, Region VII, Federal Labor Relations Authority, whose address is: 535 16th Street, Suite 310, Denver, Colorado 80202 and whose telephone number is: (303) 837-5224. [PAGE]

MR. ALLAN D. HEUERMAN
ASSISTANT DIRECTOR FOR EMPLOYEE
LABOR AND AGENCY RELATIONS
OFFICE OF PERSONNEL MANAGEMENT
1900 E STREET NW. ROOM 7412
WASHINGTON, D.C. 20415

DATED:  July 27, 1987
        WASHINGTON, D.C.

[ v28 p2 ]

VETERANS ADMINISTRATION
MEDICAL CENTER, LINCOLN,
NEBRASKA

              Respondent

    and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 2219

              Charging Party

Case No. 7-CA-70332

James C. Klein, Esquire
         For the Respondent

Nicholas J. LoBurgio, Esquire
         For the General Counsel, FLRA

Before: GARVIN LEE OLIVER
        Administrative Law Judge

DECISION

Statement of the Case

This decision concerns an unfair labor practice complaint issued by the Regional Director, Region VII, Federal Labor Relations Authority, Denver, Colorado, against the Veterans Administration Medical Center, Lincoln, Nebraska (Respondent), based on a charge filed by the American Federation of Government Employees, AFL - CIO, Local 2219, (Charging Party or Union). The complaint alleged, in substance, that Respondent violated sections 7116(a)(1), (5) and (8) of the Federal Service Labor - Management Relations Statute, 5 U.S.C. 7101 et seq. (the Statute), by refusing to furnish the Union upon request with the names and mailing addresses of all bargaining unit employees represented by the Union pursuant to section 7114(b)(4) of the Statute. [PAGE]

Respondent's amended answer admitted the jurisdictional allegations as to the Respondent, the Union, and the charge; that on or about December 23, 1986, the union requested in writing, among other things, that Respondent provide the names and mailing addresses of all bargaining unit employees represented by the Union; and that on or about January 2, 1987, and at all times since, Respondent has failed and refused to furnish the Union with the data requested. Respondent's amended answer also admitted that the names and mailing addresses 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 for management officials or supervisors relating to collective bargaining. Accordingly, such matters are found to be established.

Respondent's amended answer denied that the information requested is necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining and that the release of the information is not prohibited by law. Respondent also denied any violation of the Statute.

On or about May 5, 1987, Counsel for the General Counsel moved for summary judgment and submitted a supporting brief. The Regional Director transferred the motion to the Chief Administrative Law Judge, pursuant to section 2423.22(b)(1) of the Regulations, and it was assigned to the undersigned for disposition pursuant to section 2423.19(k) and section 2423.22(b)(3) of the Regulations. Respondent served its opposition on May 13, 1987.

Positions of the Parties

The Respondent contends that summary judgment is improper because (1) the record is not definite as to whether a use was specified in the Union's request for the information, and (2) the record contains no evidence whatsoever on alternative means of communication available between unit employees and their exclusive representative. Respondent asserts that facts regarding the purpose of the request and alternative ways of communicating are material to the case because such evidence must be considered in deciding both the necessity for the information and whether its disclosure would violate the Privacy Act. Respondent claims that, to the extent the Authority's decision on remand in Farmers Home Administration Finance Office, S Louis, Missouri, 23 FLRA NE. 101 (1986) (FHAFO), petition [ v28 p2 ] for review filed sub nom. U.S. Department of Agriculture and the Farmers Home Administration Finance Office, St. Louis,, Missouri v. FLRA, No. 86-2779 (8th Cir. Dec. 23, 1986) renders facts as to these matters immaterial, the decision is in error.

The General Counsel contends that in light of the Authority's decision in FHAFO there are no disputed issues of material fact, and it s entitled to summary judgment as the Respondent's failure and refusal to provide the employees' names and mailing addresses to the Union in this case constitutes a refusal to comply with section 7114(b)(4) and a violation of section 7116(a)(1), (5) and (8) of the Statute.

Discussion and Conclusions

In FHAFO the Authority held that "the statutory requirement concerning sufficiency of a request under section 7114(b)(4) is satisfied for requests such as that involved here (for names and home addresses) when a general written request for the information is made. A precise explication of the reasons for the request involved here is not necessary." The Authority also emphasized that names and home addresses of bargaining unit employees should be provided whether or not alternative means of communication are available. The Authority stated, "We will not review the adequacy of alternative methods of communication on a case-by-case bases." In view of the Authority's FHAFO decision it is concluded that facts as to the purpose of the request and whether or not alternative means of communication are available between unit employees and their exclusive representative are not material.

There being no dispute as to any material fact, it is concluded that the General Counsel is entitled to summary judgment as a matter of law under the Authority's decision in FHAFO. There the Authority gave full consideration to the any issues raised by requiring disclosure of names and home addresses of federal employees. The Authority analyzed the interplay of the Statute, the Privacy Act, and the Freedom of Information Act, and concluded that, "the release of names and home addresses to the Union is not prohibited by law, is necessary for the Union to fulfill its duties under the Statute, and meets the other requirements of section 7114(b)(4)." [ v28 p3 ]

Inasmuch as the Union's request meets all of the requirements established by section 7114(b)(4), Respondent's refusal to provide the Union with the names and home addresses violated section 7116(a)(1), (5), and (8) of the Statute, as alleged.

Based on the foregoing, the General Counsel's motion for summary judgment is granted. it is recommended that the Authority issue the following Order:

ORDER

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor - Management Relations Statute, the Veterans Administration Medical Center, Lincoln, Nebraska shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, AFL - CIO, Local 2219, an affiliate of the exclusive representative of a bargaining unit of its employees, the names and mailing addresses of all employees in the bargaining unit it represents.

(b) In any like or related manner, interfering with, restraining, or coercing it employees in the exercise of the rights assured them by the Federal Service Labor - Management Relations Statute.

2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute.

(a) Furnish AFGE, Local 2219, an affiliate of the exclusive representative of a bargaining unit of its employees, the names and mailing addresses of all employees in the bargaining unit it represents.

(b) Post at its facilities where said bargaining unit employees 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 a senior official and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous [ v28 p4 ] 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 VII, 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.

GARVIN LEE OLIVER
Administrative Law Judge

Dated: May 29, 1987
       Washington, D.C.

[ v28 p5 ]

                       APPENDIX
               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 STATUTE
        WE HEREBY NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT refuse to furnish, upon request of the American Federation of Government Employees, AFL - CIO, Local 2219, an affiliate of the exclusive representative of a bargaining unit of our employees, the names and mailing addresses of all employees in the ba