28:0366(59)CA - Treasury, Financial Management Service and NTEU and NTEU Chapter 223 -- 1987 FLRAdec CA



[ v28 p366 ]
28:0366(59)CA
The decision of the Authority follows:


28 FLRA No. 59

DEPARTMENT OF THE TREASURY,
FINANCIAL MANAGEMENT SERVICE

                     Respondent

      and

NATIONAL TREASURY EMPLOYEES UNION,
NATIONAL TREASURY EMPLOYEES UNION,
CHAPTER 223

                     Charging Party

Case No. 2-CA-70102

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in this case. The Judge granted the General Counsel's motion for summary judgment and found that the Respondent had engaged in the unfair labor practices alleged in the complaint by refusing to provide the Charging Party with the names and home addresses of bargaining unit employees. He recommended that the Respondent be ordered to take appropriate remedial action. The General Counsel has filed exceptions solely to clarify the findings, conclusions, and recommended order of the Judge that the complaint concerned only the refusal of the Respondent to provide the names and home addresses of unit employees at the Philadelphia Financial Center.

Pursuant to section 2423.29 of our Regulations and section 7118 of the Federal Service Labor - Management Relations Statute (the Statute), we have reviewed the rulings of the Judge made at the hearing and find that no prejudicial error was committed. The rulings are affirmed. On consideration of the Judge's decision, the exceptions, and the entire record, we adopt the Judge's findings, conclusions, and recommended order as modified. 1 [PAGE]

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 Department of the Treasury, Financial Management Service, Philadelphia, Pennsylvania, shall:

1. Cease and desist from:

(a) Refusing to furnish upon request of the National Treasury Employees Union, National Treasury Employees Union, Chapter 223, the exclusive representative of certain of its employees, the names and home addresses of all employees in the unit it represents at the Philadelphia Financial Center.

(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of rights assured 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) Upon request by the National Treasury Employees Union, National Treasury Employees Union, Chapter 223, the exclusive representative of certain of its employees, furnish it with the names and home addresses of all employees it represents at the Philadelphia Financial Center.

(b) Post at its facility where bargaining unit employees represented by National Treasury Employees Union, National Treasury Employees Union, Chapter 223 are located, copies of the attached Notice on forms to be furnished by the Federal Labor Relations Authority. [ v28 p2 ]

Upon receipt of such forms, they shall be signed by a senior official of the Department of the Treasury, Financial Management Service, 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 II, 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 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 National Treasury Employees Union, National Treasury Employees Union, Chapter 223, the exclusive representative of certain of our employees, the names and home addresses of all employees in the unit it represents located at the Philadelphia Financial Center.

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, furnish the National Treasury Employees Union, National Treasury Employees Union, Chapter 223, the exclusive representative of certain of our employees, the names and home addresses of all employees it represents at the Philadelphia Financial Center.

                                 _________________________
                                       (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 of the Federal Labor Relations Authority, Region II, whose address is: 26 Federal Plaza, Room 3700, New York, N.Y. 10278 and whose telephone number is: (212) 264-4934. [PAGE]

DEPARTMENT OF THE TREASURY
FINANCIAL MANAGEMENT SERVICE

               Respondent

    and

NATIONAL TREASURY EMPLOYEES
UNION, NATIONAL TREASURY
EMPLOYEES UNION, CHAPTER 223

              Charging Party

Case No.: 2-CA-70102

Arthur S. Rosenzweig, Esq.
         For the Respondent

Cecile M. O'Connor, Esq.
         For the General Counsel

Before: WILLIAM NAIMARK
         Administrative Law Judge

DECISION

Statement of the Case

This case arose under the Federal Service Labor - Management Relations Statute, 5 U.S.C. 7101 et seq. (herein called the Statute).

Unfair labor practice charges having been filed by the Charging Party against the Respondent, a Complaint and Notice of Hearing was issued on February 27, 1987 by the Regional Director for the Federal Labor Relations Authority, Region II against Respondent.

The complaint alleged that Respondent violated Section 7116(a)(1), (5) and (8) of the Statute by refusing, upon request, to furnish the Charging Party the home addresses of employees in the bargaining unit represented by the Charging Party. [PAGE]

Respondent's Answer, dated March 24, 1987, admitted various allegations in the Complaint and denied certain other allegations.

Under date of April 1, 1987 General Counsel filed a Motion for Summary Judgment herein together with a supporting brief. An Answer to the Motion for Summary Judgment, dated April 20, 1987, was filed by Respondent wherein it opposed the said motion and stated its contentions.

The matter was duly referred to the Office of Administrative Law Judges for ruling pursuant to Section 2423.22(b) of the Authority's Rules and Regulations. Based on the allegations in the complaint and the Answer herein, the undersigned makes the following:

Findings of Fact

1. At all times material herein the National Treasury Employees Union (NTEU) and NTEU, Chapter 223 have been labor organizations within the meaning of section 7103(a)(4) of the Statute.

2. At all times material herein, NTEU Chapter 223 is a constituent entity within NTEU and an agent acting on its behalf.

3. At all times material herein Respondent has been, and is now, an agency within the meaning of section 7103(a)(3) of the Statute.

4. At all times material herein NTEU has been, and is now, the certified exclusive representative of a unit of employees which includes all general schedule and wage grade employees, including part-time and intermittent employees of Respondent's Washington, D.C. Headquarters and its Regional Financial Centers.

5. At all times material herein NTEU has delegated to NTEU Chapter 223 authority to act as its representative for the purposes of collective bargaining for Respondent's employees in the unit described above in paragraph 4, and said delegation has been recognized by Respondent.

6. At all times material herein Michael Spenelli occupied the position of Manager, Regional Operations Branch at Respondent's Philadelphia, Pennsylvania location, and has been, and is now, a management official or supervisor within the meaning of Section 7103(a)(10) and (11) of the Statute. [ v28 p2 ]

7(a). On or about November 26, 1986, the charging Party, by its agent Maria Elena Cortez, National Field Representative, requested that Respondent furnish the Charging Party with the home addresses 2 of employees in the bargaining unit represented by the Charging Party.

(b) The information requested in paragraph 7(a) above is maintained by Respondent in the regular course of business.

(c) The information requested in paragraph 7(a) above is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining.

(d) The information requested in paragraph 7(a) above does not constitute guidance, advice, counsel, or training provided for management officials or supervisors relating to collective bargaining.

8. Since on or about January 9, 1987, and at all times thereafter Respondent, by it agent Michael Spinelli, has failed and refused to furnish the charging Party the requested information referred to in paragraph 7(a) above.

Conclusions

In its supporting brief General Counsel moves for summary judgment based on the Authority's decision in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986). It contends no material issue of fact-exists and a judgment is warranted finding that Respondent breached its duty imposed under Section 7114(b)(4) of the Statute. Accordingly, it is urged that Respondent violated Section 7116(a)(1), (5) and (8) of the Statute.

Respondent denies that it violated the Statute by failing and refusing to provide the Charging Party with the names and home addresses of bargaining unit employees. It [ v28 p3 ] takes the position that it desires to present evidence to establish that reasonable alternative means are available to the charging Party to communicate with such employees. Further, it contends it has not been established that the requested information was necessary for a full and/proper understanding of a matter subject to negotiation. 3

In Farmers Home Administration et. al. supra, the Authority held that the names and home addresses of unit employees was necessary under Section 7114(b)(4)(B) for unions to meet their statutory obligation to represent the interests of the employees it represents. Further, it held that they are necessary and must be provided notwithstanding the existence of "alternative means" available to a union. 4 Subsequent decisions by the Authority have reaffirmed the holding in Farmers Home Administration, et al., supra, wherein the same issue was involved, and have required that an agency furnish names and home addresses of unit employees to the bargaining representative. See Department of the Navy, Mare Island Naval Shipyard, Vallejo, California, 26 FLRA No. 78; Department of Energy, Headquarters Office, 26 FLRA No. 68.

The facts herein, as well as the contention raised by Respondent, are substantially similar to those presented in the case heretofore cited. Accordingly, the undersigned concludes the defenses raised by Respondent are without merit. Further, that Respondent was obliged under Section 7114(b) of the Statute to furnish the names and home addresses of the unit employees to the Charging Party.

It is concluded that Respondent's refusal and failure to furnish the requested information violated Section 7116(a)(1), (5) and (8) of the Statute. The General Counsel's Motion for Summary Judgment is granted, and the undersigned recommends the Authority issue the following: [ v28 p4 ]

ORDER

Pursuant to section 2423.29 of the Rules and Regulations of the Federal Labor Relations Authority and section 7118 of the Statute, the Authority hereby orders that the Department of the Treasury, Financial Management Service, Philadelphia,, Pennsylvania, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Treasury Employees Union, National Treasury Employees Union, Chapter 223, the exclusive representative of certain of its employees, the names and home addresses of all employees in the 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 Federal Service Labor - Management Relations Statute.

2. Take the following affirmative action in order to effectuate the policies of the statute:

(a) Furnish the National Treasury Employees Union, National Treasury Employees Union, Chapter 223, the exclusive representative of certain of its employees, the names and home addresses of all employees it represents.

(b) Post at its facilities where bargaining unit employees represented by National Treasury Employees Union, National Treasury Employees Union, Chapter 223, are located, copies for 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 of the Department of the Treasury, Financial Management Service, 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 [ v28 p5 ] 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 II, Federal Labor Relations Authority, New York, NY in writing within 30 days from the date of this Order, as to what steps have been taken to comply herewith.

WILLIAM NAIMARK
Administrative Law Judge

Dated:  May 7, 1987
        Washington, D.C.

[ v28 p6 ]

              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 National Treasury Employees Union, National Treasury Employees Union, Chapter 223, the exclusive representative of certain of our employees, the names and home addresses of all employees in the 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 by the Federal Service Labor - Management Relations Statute.

WE WILL furnish the National Treasury Employees Union, National Treasury Employees Union, Chapter 223, the exclusive representative of certain of our employees, the names and home addresses of all employees it represents.

                              _____________________________
                                   (Agency or 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 any of its provisions, they may communicate directly with the Regional Director of the Federal Labor Relations Authority, Region II, whose address is: 26 Federal Plaza, Room 3700, New York, NY, and whose telephone number is: (212) 264-4934. [PAGE]

FOOTNOTES

Footnote 1 In agreement with the General Counsel, the findings of the Judge are modified to make it clear that the Charging Party was the National Treasury Employees Union (NTEU) Chapter 223, the agent for the exclusive representative N