28:0616(78)CA - Western Division, Naval Facilities Engineering Command, San Bruno, CA and AFGE Local 3723 -- 1987 FLRAdec CA



[ v28 p616 ]
28:0616(78)CA
The decision of the Authority follows:


28 FLRA No. 78

WESTERN DIVISION
NAVAL FACILITIES
ENGINEERING COMMAND
SAN BRUNO, CALIFORNIA

              Respondent

      and

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

              Charging Party

Case No. 8-CA-70163

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 a letter dated November 4, 1986, the Union requested that the Respondent provide it with the names and home addresses of the unit employees. By letter dated November 19, 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 [PAGE] training provided to management officials or supervisors relating to collective bargaining.

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 the 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 7114(b)(4). We also determined that the release of the information is generally required without regard to whether alternative means of communication are available. [ v28 p2 ]

Based on our Decision on Remand in Farmers Home, we reject the Respondent's assertions in this case. See also Department of the Navy, Naval Communications Station, Stockton, Stockton, California, 28 FLRA No. 5 (1987). We find that the Respondent was required to provide the Union with the names and home addresses of the bargaining unit 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 Western Division Naval Facilities Engineering Command, San Bruno, 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 Western Division, Naval Facilities Engineering [ v28 p3 ] Command, San Bruno, California, and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and 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 VIII, 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., August 19, 1987.

Jerry L. Calhoun, Chairman

Henry B. Frazier III, Member

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY [ v28 p4 ]

                   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 or fail to furnish, upon request of the American Federation of Government Employees, Interdepartmental Local 3723, AFL - CIO, the exclusive representative of a bargaining unit of our employees, the names and home addresses of all employees in the unit.

WE WILL NOT in any like or related manner, interfere with, restrain, or coerce our employees in the exercise of the rights assured them by the Federal Service Labor - Management Relations Statute.

WE WILL furnish the American Federation of Government Employees, Interdepartmental Local 3723, AFL - CIO, the exclusive representative of a bargaining unit of our employees, the names and home addresses of all employees in the unit.

                             ______________________________
                                      (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, Region VIII, Federal Labor Relations Authority, whose address is: 350 South Figueroa Street, 10th Floor, Los Angeles, California 90071, and whose telephone number is: (213) 894-3805. [PAGE]

FOOTNOTES

Footnote 1 The Respondent also argues that the Authority ignored Federal Personnel Manual (FPM) Chapter 294, Appendix C, which assertedly provides that labor organizations should not be provided with the home addresses of employees because such dis