28:0377(60)CA - Portsmouth Naval Hospital, Portsmouth, Virginia and AFGE Local 22 -- 1987 FLRAdec CA
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The decision of the Authority follows:
28 FLRA No. 60 PORTSMOUTH NAVAL HOSPITAL, PORTSMOUTH, VIRGINIA Respondent and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 22 Charging Party Case No. 34-CA-70288
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 names and home addresses of bargaining unit employees. The General Counsel filed a brief. 1 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 letter dated January 9, 1987, the Union requested the names and home addresses of all unit employees. On or about January 15, 1987, the Respondent denied the request. [PAGE]
III. Positions of the Parties
The General Counsel argues that our decision 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 Finance Office, St. Louis, Missouri v. FLRA, No. 86-2579 (8th Cir. Dec. 23, 1986), 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 Freedom of Information Act, and exception (b)(3), relating to "routine use" of information. 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 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. [ v28 p2 ]
Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor - Management Relations Statute, Portsmouth Naval Hospital, Portsmouth, Virginia, shall:
1. Cease and desist from:
(a) Refusing to furnish upon request of American Federation of Government Employees, Local 22, the exclusive representative of a unit of its employees, the names and home addresses of all bargaining unit employees located at its Portsmouth Naval Hospital, Portsmouth, Virginia.
(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 American Federation of Government Employees, Local 22, the exclusive representative of its employees, furnish it with the names and home addresses of all bargaining unit employees located at its Portsmouth Naval Hospital, Portsmouth, Virginia.
(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 Portsmouth Naval Hospital 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, Washington, D.C., in writing, within 30 days [ v28 p3 ] 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, Member
Jean McKee, Member
FEDERAL LABOR REL