28:0743(93)CA - VA Medical Center, Prescott, AZ and AFGE Local 2401 -- 1987 FLRAdec CA



[ v28 p743 ]
28:0743(93)CA
The decision of the Authority follows:


28 FLRA No. 93

VETERANS ADMINISTRATION MEDICAL
CENTER, PRESCOTT, ARIZONA

              Respondent

         and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2401, AFL-CIO

              Charging Party

Case No. 8-CA-70232

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 on a stipulation of facts by the parties, who have agreed that no material issue of fact exists.

The complaint alleges that the Veterans Administration Medical Center, Prescott, Arizona (the Respondent) violated section 7116(a)(1), (5), and (8) of the Federal Service Labor - Management Relations Statute (the Statute) by failing and refusing to provide the American Federation of Government Employees, Local 2401, AFL - CIO (the Charging Party), with the names and home addresses of bargaining unit employees located at the Veterans Administration Medical Center in Prescott, Arizona.

II. Facts

The American Federation of Government Employees, AFL - CIO (the Union) is the exclusive representative of a nationwide unit of employees of the Veterans Administration which includes employees at the Veterans Administration Medical Center, Prescott, Arizona. The Union is the national parent body of the Charging Party. By letter dated December 31, 1986, the Charging Party requested that the Respondent furnish it with necessary and relevant information consisting of the names and home addresses of unit employees at the Prescott, Arizona facility. By letter dated January 9, 1987, the Respondent refused to furnish the Charging Party with the information requested. [PAGE]

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; are necessary to full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining; and do not constitute guidance, advice, counsel, or training provided to management officials or supervisors relating to collective bargaining.

III. Positions of the Parties

A. The Respondent

The Respondent contends that the names and home addresses of the unit employees are protected from disclosure to the Union by the Privacy Act exemption of the Freedom of Information Act (FOIA) which prohibits disclosure of information in government records "which would constitute a clearly unwarranted invasion of personal privacy," 5 U.S.C. 552(b)(6). The Respondent also argues that the Office of Personnel Management's "routine use" notice and the Privacy Act do not provide for the release of the unit employees' names and home addresses. The Respondent cites Federal Personnel Manual (FPM) Supplement 711-1, Appendix C, which it contends prohibits the release of the names and home addresses requested in this case. Finally, the Respondent asserts that the employees' names and home addresses are not "data" under section 7114(b)(4) of the Statute and are not "necessary" within the meaning of section 7114(b)(4) in light of the reasonable alternative means of obtaining the information available to the Charging Party.

B. The General Counsel

The General Counsel argues that 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, No. 86-2579 (8th Cir. Dec. 23, 1986), in which the Authority concluded that section 7114(b)(4) of the Statute entitled the exclusive representative to the names and home addresses of employees in the bargaining unit, is dispositive of the issue in this case. The General Counsel contends that the Respondent's admitted failure to furnish the employees' names and home addr