28:0333(49)CA - Marine Corps Recruit Depot, Special Services Division, San Diego, CA and AFGE Local 3723 -- 1987 FLRAdec CA



[ v28 p333 ]
28:0333(49)CA
The decision of the Authority follows:


28 FLRA NO. 49

MARINE CORPS RECRUIT DEPOT
SPECIAL SERVICES DIVISION
SAN DIEGO, CALIFORNIA

                   Respondent

         and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, INTERDEPARTMENTAL
LOCAL 3723, AFL-CIO

                    Charging Party

Case No. 8-CA-70148

DECISION AND ORDER

I. Statement of the Case

This unfair labor practice case is before the Authority in accordance with section 2429.1(a) of the Authority's Rules and Regulations, based upon a stipulation entered into by the Respondent, the Charging Party (the Union) and the General Counsel. The issue is whether 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, the exclusive representative of a unit of the Respondent's employees, with the names and home addresses of those employees as requested by the Union.

II. Facts

The Union is the exclusive representative of a unit of the Respondent's employees. By memorandum dated November 4, 1986, the Union requested that the Respondent provide it with the names and home addresses of the unit employees. By memorandum dated December 8, 1986, the Respondent denied the request. The parties stipulated that the names and home addresses of the employees 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 to management officials or supervisors relating to collective bargaining. [PAGE]

III. Positions of the Parties

The Respondent contends that release of the home addresses of employees is prohibited by the Privacy Act and that the information is not relevant or necessary for the Union to carry out its representational duties. 1 The Respondent disagrees with 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 Farmers Home Administration Finance Office, St. Louis, Missouri v. FLRA, 86-2579 (8th Cir. Dec. 23, 1986), and asserts that the Authority erred in that decision.

The General Counsel contends that the Authority's Decision on Remand in Farmers Home is controlling in this case. Consequently, the General Counsel argues, the Respondent's failure to furnish the requested names and home addresses constitutes a failure to comply with section 7114(b)(4) and a violation of section 7116(a)(1), (5) and (8) of the Statute.

IV. Analysis and conclusion

In our Decision and Order on Remand in Farmers Home, we concluded that the release of names and home addresses of bargaining unit employees to the exclusive representatives of those employees is not prohibited by law, is necessary for unions to fulfill their duties under the Statute, and meets all of the other requirements established by section all of the other requirements established by section 7114(b)(4). We also determined tat the release of the information is generally required without regard to whether alternative means of communication are available.

Based on our Decision on Remand in Farmers Home, we reject the Respondent's assertions in this case. See also [ v28 p2 ] Department of the Navy, Naval Communications Station Stockton, Stockton, California, 28 FLRA No. 5 (1987). We with the names and home addresses of the bargaining unit conclude employees under section 7114(b)(4). Accordingly, we conclude that the Respondent's refusal to provide the Union with the requested information 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 Marine Corps Recruit Depot, special Services Division, San Diego, California shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of American Federation of Government Employees, interdepartmental Local 3723, AFL - CIO, the exclusive representative of a bargaining unit of its employees, the names and home addresses of all employees in the unit.

(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, Interdepartmental Local 3723, AFL - CIO, the exclusive representative of a bargaining unit of its employees, the names and home addresses of all employees in the unit.

(b) Post at its facilities where bargaining unit employees represented by the American Federation of Government Employees, Interdepartmental Local 3723, 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 Commanding officer of the Marine Co