28:0664(85)CA - DOD, Air Force and Air Force Plant Representative Office (Department 27), General Dynamics, Fort Worth Division, Fort Worth, TX and AFGE Local 1361 -- 1987 FLRAdec CA



[ v28 p664 ]
28:0664(85)CA
The decision of the Authority follows:


28 FLRA No.85

UNITED STATES DEPARTMENT OF DEFENSE,
DEPARTMENT OF THE AIR FORCE AND
AIR FORCE PLANT REPRESENTATIVE OFFICE
(DEPARTMENT 27), GENERAL DYNAMICS,
FORT WORTH DIVISION,
FORT WORTH, TEXAS

                    Respondent

      and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1361

                    Charging Party

Case No. 6-CA-70102

DECISION AND ORDER

I. Decision

The Administrative Law Judge issued the attached decision in this case. The Judge found that the Respondent, Air Force Plant Representative Office (Department 27), General Dynamics, Fort Worth Division, Fort Worth, Texas (AFPRO), 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 ordered that Respondent AFPRO be ordered to take appropriate remedial action. The Judge further found that Respondent United States Department of Defense, Department of the Air Force had not engaged in certain other unfair labor practices alleged in the complaint, and he recommended dismissal of that portion of the complaint. The Respondent has filed exceptions to the Judge's decision finding that Respondent AFPRO had engaged in the unfair labor practices alleged, and the General Counsel filed an opposition to the Respondent's exceptions. No exceptions were filed to the Judge's dismissal of the complaint with respect to Department of the Air Force.

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 and we find that no prejudicial error was [PAGE] committed. The rulings are affirmed, on consideration of the Judge's decision and the entire record, we adopt the Judge's findings, conclusions, and recommended Order. We note in particular that no exceptions were filed to the Judge's dismissal of that portion of the complaint alleging violations of the Statute by the Department of the Air Force.

II. Order

A. Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor - Management Relations Statute, the Air Force Plant Representative Office (Department 27), General Dynamics, Fort Worth Division, Fort Worth, Texas, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, AFL - CIO, Local 1361, the exclusive representative of certain of its employees, the names and home addresses of all unit employees.

(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) Furnish the American Federation of Government Employees, AFL - CIO, Local 1361, the exclusive representative of certain of its employees, with the names and home addresses of all employees it represents.

(b) Post at its facility where bargaining unit employees represented by the American Federation of Government Employees, AFL - CIO, Local 1361 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 Air Force Plant Representative Office (Department 27), General Dynamics, Fort Worth Division, Fort Worth, Texas, 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. [ v28 p2 ]

(c) Pursuant to section 2424.30 of the Authority's Rules and Regulations, notify the Regional Director, Region VI, Federal Labor Relations Authority, Dallas, Texas, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply.

B. The portion of the complaint that alleges violations of the Statute by the United States Department of the Defense, Department of the Air Force is dismissed.

Issued, Washington, D.C., August 21, 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 American Federation of Government Employees, AFL - CIO, Local 1361, the exclusive representative of units of our employees, the names and home addresses of all bargaining unit employees it represents.

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 furnish the American Federation of Government Employees, AFL - CIO, Local 1361, the exclusive representative of units of our employees, with the names and home addresses of all bargaining unit employees it represents.

                             ______________________________
                                       (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 VI, whose address is: Federal Office Building, 525 Griffin Street, Suite 926, Dallas, TX 75202 and whose telephone number is: (214) 767-4996. [PAGE]

UNITED STATES DEPARTMENT OF DEFENSE
DEPARTMENT OF THE AIR FORCE AND
AIR FORCE PLANT REPRESENTATIVE
OFFICE (DEPARTMENT 27), GENERAL
DYNAMICS, FORT WORTH DIVISION,
FORT WORTH, TEXAS

              Respondent

    and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1361

              Charging Party

Case No.: 6-CA-70102

Christopher J. Ivits, Esquire
         For the General Counsel

James A. Harper, Esquire
         For the Respondent

Mr. Carl W. Holt
         For the Charging Party

Before: BURTON S. STERNBURG
        Administrative Law Judge

DECISION

Statement of the Case

This is a proceeding under the Federal Service Labor - Management Relations Statute, Chapter 71 of Title 5 of the U.S. Code, 5 U.S.C. Section 7101, et seq. and the Rules and Regulations issued thereunder.

Pursuant to an amended charge first filed on December 24, 1986, by Local 1361, American Federation of Government Employees, (hereinafter called the Union or Local 1361), a Complaint and Notice of Hearing was issued on February 27, [PAGE] 1987, by the Regional Director for Region VI, Federal Labor Relations Authority, Dallas, Texas. The Complaint alleges that the United States Department of Defense Department of the Air Force and Air Force Plant Representative Office (Department 27) General Dynamics, Fort Worth Division, Fort Worth, Texas, (hereinafter called the Respondent Air Force and Respondent AFPRO), violated Sections 7116(a)(1), (5) and (8) of the Federal Service Labor - Management Relations Statute (hereinafter called the Statute), by refusing to provide the Union with the names and home addresses of bargaining unit employees. 1

A hearing was held in the captioned matter on April 29, 1987, in Dallas, Texas. All parties were afforded the full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues involved herein. 2 The General Counsel and the Respondent submitted post-hearing briefs which have been duly considered.

Upon the basis of the entire record, including my observation of the witnesses and their demeanor, I make the following findings of fact, conclusions, and recommendations.

Findings of Fact

The Union is the exclusive representative of two units of Respondent's employees employed at Air Force Plant Representative's Office, Department of Air Force, General Dynamics, Fort Worth, Texas.

The parties stipulated as follows:

(1) Respondent AFPRO is a subdivision of Respondent Air Force. [ v28 p2 ]

(2) Major Rodney W. Wickers is the legal advisor to the commander of AFPRO and is a legal representative of AFPRO.

(3) The Union has requested the names and home addresses of bargaining unit employees, and AFPRO has denied their request. The date of the request was on or about December 5, 1986. The denial is dated December 8, 1986. General Counsel's Exhibit Number 2 consists of the request and the denial.

(4) AFPRO does not maintain a list of bargaining employees per se.

(5) The Finance Office for AFPRO is located at Kirkland Air Force Base, New Mexico, and the personnel files are also located at Kirkland Air Force Base, New Mexico.

In order to obtain a list such as requested by the Union, separate computer systems would have to be merged to create such a list. A list could be accomplished within a reasonable time period or time limit.

The list does not constitute guidance, advice, counselling or training for management officials or supervisors relating to collective bargaining.

Mr. Robert E. Fitch, President of Local 1361 and the author of the letter to Colonel Robert Riggs, wherein the Union requested the names and home addresses of all bargaining unit employees, testified that on December 9, 1986, the day after receiving the Respondent AFPRO denial of his request he held a conversation with Major Rodney Wickers. According to his, Mr. Fitch's, uncontradicted testimony, he was told by Major Wicker's that the reason that the names and addresses were not supplied was that "he had been directed by headquarters not to furnish it." Mr. Fitch further testified that he understood headquarters to mean "Kirkland Air Force Base at the headquarter AFCMD". 3 Mr. Fitch further testified that as of the date of the [ v28 p3 ] hearing, the Union had not received the names and home addresses of the bargaining unit employees.

Mr. Carl Holt, a National Representative for AFGE, testified that upon being informed by Mr. Fitch that Respondent AFPRO had refused his request for the home addresses of the bargaining unit employees, he met with Major Rodney Wickers and inquired as to the reasons for the denial, Major Wickers informed him that AFCMD's labor relations office which services AFPRO and is located at Kirkland Air Force Base gave him the directions to deny the Union's request.

Discussion and Conclusions

The General Counsel relying on the Authority's decision in Farmers Home Administration, supra, takes the position that Respondent AFPRO violated sections 7116(a)(1), (5) and (8) of the Statute when it failed and refused to make the names and home addresses of bargaining unit employees available to the Union. Alternatively, General Counsel, relying on the Authority's decision in U.S. Department of the Treasury, IRS and IRS, Austin District and IRS, Houston District, 23 FLRA No. 100, contends that the record supports the conclusion that Respondent Air Force violated Sections 7116(a)(1) and (5) of the Statute when it interfered with the bargaining relationship between the Union and Respondent AFPRO and directed AFPRO not give the Union the names and home addresses of the bargaining unit employees. Inasmuch as Respondent Air Force was responsible for the actions of its subordinate AFPRO in not making the names available, the General Counsel would further find that Respondent Air Force violated Sections 7116(a)(1), (5) and (8) of the Statute.

Respondent's Counsel, who acknowledges the Authority's findings to the contrary, contends that the disclosure of the home addresses of the bargaining unit employee would violate the Privacy Act. Although not argued in his post-hearing brief, it appears that Counsel for the Respondent also challenges the necessity for the names since he attempted to prove at the hearing that there were other alternative means of communication available to the Union.

In agreement with the General Counsel I find that the Authority's decision in Farmers Home Administration, Finance Office, St. Louis, Missouri, supra, is dispositive of all Respondent's contentions and/or defenses. Thus, the Authority held that release of the names and home addresses [ v28 p4 ] of unit employees is not prohibited by the Privacy Act, that regardless of the existence of alternative means of communication the names and home addresses of unit employees should be supplied to the Union on request, and, finally, that the exclusive representative need not offer any explanation as to the reasons it seeks such information since the Union's need "is go apparent and essentially related to the nature of exclusive representation itself. . ." 4

Accordingly, based primarily on the Authority's decision in Farmers Home Administration, Finance Office, St. Louis, Missouri, supra, I find that Respondent AFPRO's refusal to furnish the Union with the names and home addresses of bargaining unit employees constituted a violation of sections 7116(a)(1), (5) and (8) of the Statute.

To the extent that the Complaint, alternatively, alleges that AFPRO's action in refusing to make the home addresses available was at the direction of Respondent Air Force, I find that the record evidence fall short of establishing such a fact. Thus, all that the record shows is that on two occasions when AFPRO representatives were questioned as to the reasons for the refusal of AFPRO to make the requested information available, they were told that "AFCMD's labor relations office at Kirkland AFB" or "headquarter" had instructed AFPRO not to make the addresses available. Such non-specific testimony, standing alone, is insufficient to establish that Respondent Department of the Air Force was responsible for AFPRO's action. Accordingly, it is hereby recommended that the Authority dismiss the Complaint in its entirety to the extent that it names the United States Department of Defense Department of the Air Force as a respondent and charges such entities with a violation of Sections 7116(a)(1), (5) and (8) of the Statute. [ v28 p5 ]

Having found that Respondent AFPRO violated the Statute by refusing to supply the Union with the names and home addresses of the bargaining unit employees, it is hereby recommended that the Federal Labor Relations Authority adopt the following order designed to effectuate the purposes and policies of the Statute.

ORDER

Pursuant to Section 2423.29 of the Rules and Regulations of the Federal Labor Relations Authority and Section 7118 of the Federal Service Labor - Management Relations Statute, 5 U.S.C., Section 7118, it is ordered that the Air Force Plant Representative Office (Department 27) General Dynamics, Fort Worth Division, Fort Worth, Texas, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request by the American Federation of Government Employees, AFL - CIO, Local 1361, the exclusive representative of a unit of its employees, the names and home addresses of all employees in the bargaining 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 Federal Service Labor - Management Relations Statute:

(a) Furnish the American Federation of Government Employees, AFL - CIO, Local 1361, the exclusive representative of a unit of its employees, the names and home addresses of all employees in the bargaining unit.

(b) Post at its facilities where bargaining unit employees represented by the American Federation of Government Employees, AFL - CIO, Local 1361, 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 [ v28 p6 ] Commanding Officer of the Air Force Plant Representative Office (Department 27) General Dynamics, Fort Worth Division, Fort Worth, Texas, 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.

(d) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region VI, Federal Labor Relations Authority, 525 Griffin Street, Suite 926, Dallas, TX 75202, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply herewith.

IT IS FURTHER ORDERED that the Complaint, to the extent that it joins United States Department of the Defense Department of the Air Force as a party respondent, should be, and hereby in dismissed in its entirely.

BURTON S. STERNBURG
Administrative Law Judge

Dated: June 24, 1987
       Washington, D.C.

[ v28 p7 ]

                       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 have been found by the Federal Labor Relations Authority to have committed an unfair labor practice. We have been ordered to post this Notice and abide by its provisions.

WE WILL NOT refuse to furnish, upon request by the American Federation of Government Employees, AFL - CIO, Local 1361, the exclusive representative of a bargaining unit of our employees, the names and home addresses of all employees in the bargaining unit.

WE WILL NOT in any like or related manner, interfere with, restrain, or coerce any employee in the exercise of their rights guaranteed by the Federal Service Labor - Management Relations Statute.

WE WILL furnish the American Federation of Government Employees, AFL - CIO, Local 1361, the exclusive representative of a bargaining unit of our employees, the names and home addresses of all employees in the bargaining unit.

                              _____________________________
                                   (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. [PAGE]

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 VI, whose address is: 525 Griffin Street, Suite 926, Dallas, TX 75202, and whose telephone number is: (214) 767-4996. [ v28 p2 ]

FOOTNOTES

Footnote 1 According to the Complaint Respondent AFPRO allegedly refused to make the requested information available to the Union pursuant to instructions from Respondent Air Force.

Footnote 2 Based on the Federal Labor Relations Authority's decision in Farmers Home Administration, Finance Office, St. Louis, Missouri, 23 FLRA NO. 101, Respondent was denied the opportunity to put on evidence which would allegedly establish that the Union had alternative means of communication with the unit employees.

Footnote 3 Although no specific explanation of AFCMD appears in the record a letterhead indicates that the initials stand for "Air Force Contract Man