28:0377(60)CA - Portsmouth Naval Hospital, Portsmouth, Virginia and AFGE Local 22 -- 1987 FLRAdec CA
[ v28 p377 ]
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 un