28:0301(43)CA - Navy, Puget Sound Naval Shipyard, Bremerton, WA and Bremerton MTC -- 1987 FLRAdec CA
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The decision of the Authority follows:
28 FLRA No. 43
DEPARTMENT OF THE NAVY, PUGET SOUND NAVAL SHIPYARD, BREMERTON, WASHINGTON Respondent and BREMERTON METAL TRADES COUNCIL, AFL-CIO Charging Party Case No. 9-CA-70123
I. Statement of the Case
This matter is before the Authority under section 2429.1 (a) of our Rules and 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 employees. By letters dated November 10, 1986, and March 19, 1987, the Union requested the names and home addresses of all unit employees. On or about January 7 and April 9, 1987, 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 for management officials or supervisors, relating to collective bargaining. [PAGE]
III. Positions of the Parties
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 Union employees should be considered.
The General Counsel argues that our decision in Farmers Home Administration Finance Office, St. Louis Missouri, 23 FLRA No. 101 (1986), is controlling in this case. The 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 maintains that the Respondent's refusal to provide the 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. 1 We found that both 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 [ v28 p2 ] 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, Puget Sound Naval Shipyard, Bremerton, Washington, shall:
1. Cease and desist from:
(a) Refusing to furnish upon request of the Bremerton Metal Trades Council, AFL - CIO, the exclusive representative of a unit of its employees, the names and home addresses of all bargaining unit employees located at its Puget Sound Naval Shipyard.
(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 Bremerton Metal Trades Council, AFL - CIO, the exclusive representative of its employees, furnish it with the names and home addresses of all bargaining unit employees located at its Puget Sound Naval Shipyard.
(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 Puget Sound Naval Shipyard 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. [ v28 p3 ]
(c) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region IX, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply.
Issued, Washington, D.C., July 30, 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 Bremerton metal Trades Council, AFL - CIO, the exclusive representative of a unit of our employees, the names and home addresses of all bargaining unit employees located at the Puget Sound Naval Shipyard.
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 Bremerton Metal Trades Council, AFL - CIO, the exclusive representative of a unit of our employees, furnish it with the names and home addresses of all bargaining unit employees located at the Puget Sound Naval Shipyard.
___________________________ (Activity) Dated: ____________________ By: ___________________________ (Signature)
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 Respondent asserts that according to Federal Personnel Manual (FPM) Chapter 294, Appendix C, disclosure of employee names and home addresses is an unwarranted invasion of privacy. Appendix C was deleted when FPM Chapter 294 was revised on March 12, 1985. The revised chapter contains no statement similar to that which was contained in Appendix C and on which the Respondent relies.