28:0323(47)CA - Education and AFGE, National Council of Department of Education Locals, Council 252 -- 1987 FLRAdec CA



[ v28 p323 ]
28:0323(47)CA
The decision of the Authority follows:


28 FLRA No. 47

U.S. DEPARTMENT OF EDUCATION

              Respondent

      and

NATIONAL COUNCIL OF DEPARTMENT
OF EDUCATION LOCALS, COUNCIL 252,
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO

             Charging Party

Case No. 3-CA-70167

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 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 nation-wide unit of the Respondent's professional and nonprofessional employees. By letter dated August 22, 1986, the Union requested the home addresses of all unit employees, which on or about December 10, 1986, the Respondent declined to provide.

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; [PAGE]

and does not constitute guidance, advice, counsel or training for management officials or supervisors, relating to collective bargaining.

III. Positions of the Parties

A. The Respondent

The Respondent states 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. 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. The Respondent also asserts that the information is not "data" necessary for the purpose of "collective bargaining" under section 7114(b)(4), 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 is controlling in this case. The General Counsel submits 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 [ v28 p2 ] 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 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 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.

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 U.S. Department of Education shall:

1. Cease and desist from:

(a) Refusing to furnish upon request of the National Council of Department of Education Locals, Council 252, American Federation of Government Employees, AFL - CIO, the exclusive representative of a unit of its employees, the names and home 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 rights assured by the Statute.

2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute: [ v28 p3 ]

(a) Upon request by the National Council of Department of Education Locals, Council 252, American Federation of Government Employees, AFL - CIO, the exclusive representative of its employees, furnish it with the names and home addresses of all employees in the bargaining unit it represents.

(b) Post at its facilities where bargaining unit employees represented by the National Council of Department of Education Locals, Council 252, American Federation of Government Employees, 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 Secretary of the U.S. Department of Education, or a Deputy Under Secretary 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 III, 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 31, 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 National Council of Department of Education Locals, Council 252, American Federation of Government Employees, AFL - CIO, the exclusive representative of a unit of our employees, the names and home 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 rights assured them by the Federal Service Labor - Management Relations Statute.

WE WILL, upon request by the National Council of Department of Education Locals, Council 252, American Federation of Government Employees, AFL - CIO, the exclusive representative of a unit of our employees, furnish it with the names and home addresses of all employees in the bargaining unit it represents.

                                ______________________________
                                          (Agency)

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 III, whose address is: 1111 18th Street, N.W., 7th Floor, P.O. Box 33758, Washington, D.C. 20033-0758 and whose telephone number is: (202) 653-8500. [PAGE]

FOOTNOTES

Footnote 1 The Respondent also asserts that according to Federal Personnel Manual (FPM) Supplement 711-1, Appendix C, disclosure of employee names and home addresses is an unwarranted invasion of privacy. FPM Supplement 711-1, Appendix C was deleted on May 16, 1986. Essential material from the supplement has been updated and incorporated into FPM chapter 711. FPM chapter 711 contains no statement similar to that whic