28:0333(49)CA - Marine Corps Recruit Depot, Special Services Division, San Diego, CA and AFGE Local 3723 -- 1987 FLRAdec CA
[ v28 p333 ]
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
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.
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