28:0806(106)CA - VA, Washington, DC and VA Medical Center, Minneapolis, MN and AFGE Local 1969 -- 1987 FLRAdec CA



[ v28 p806 ]
28:0806(106)CA
The decision of the Authority follows:


28 FLRA No. 106

VETERANS ADMINISTRATION, WASHINGTON, D.C.
AND VETERANS ADMINISTRATION MEDICAL
CENTER, MINNEAPOLIS, MINNESOTA

                    Respondents

          and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 1969, AFL-CIO

                    Charging Party

Case No. 5-CA-70173

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Respondents had engaged in the unfair labor practices alleged in the complaint by refusing to furnish, upon request of the Charging Party, the names and home addresses of bargaining unit employees. The Judge granted the General Counsel's motion for summary judgment and recommended that the Respondents be ordered to take appropriate remedial action. The Respondents filed exceptions to the Judge's Decision.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor - Management Relations Statute (the Statute), we have reviewed the rulings of the Judge and find that no prejudicial error was committed. The rulings are hereby affirmed. Upon consideration of the Judge's Decision and the entire record, we adopt the Judge's findings, conclusions and recommended Order. 1 [PAGE]

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 Veterans Administration, Washington, D.C. and Veterans Administration Medical Center, Minneapolis, Minnesota shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, Local 1969, AFL - CIO, the exclusive representative of certain of its employees, the names and home addresses of all employees in the bargaining unit it represents.

(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, Local 1969, AFL - CIO, the exclusive representative of a bargaining unit of certain of its employees, the names and home addresses of all employees in the bargaining unit it represents. [ v28 p2 ]

(b) Post at the Veterans Administration Medical Center, Minneapolis, Minnesota, 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 a responsible official of the Veterans Administration, Washington, D.C. and the Director of the Veterans Administration Medical Center, Minneapolis, Minnesota and shall be posted in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted, and shall be maintained for 60 consecutive days thereafter. 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 V, 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 31, 1987.

Jerry L. Calhoun, Chairman

Henry B. Frazier III, 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 or fail to furnish, upon request of the American Federation of Government Employees, Local 1969, AFL - CIO, the exclusive representative of certain of our employees, the names and home addresses of all employees in the bargaining unit it represents.

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

WE WILL furnish the American Federation of Government Employees, Local 1969, AFL - CIO, the exclusive representative of a bargaining unit of certain of our employees, the names and home addresses of all employees in the bargaining unit 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, Region V, Federal Labor Relations Authority, whose address is: 175 West Jackson Blvd., Suite 1359-A, Chicago, Illinois 60604 and whose telephone number is: (312) 353-6306. [PAGE]

VETERANS ADMINISTRATION,
WASHINGTON, D.C. AND VETERANS
ADMINISTRATION MEDICAL CENTER
MINNEAPOLIS, MINNESOTA

              Respondents

    and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 1969, AFL-CIO

              Charging Party

Case No. 5-CA-70173

Sharon Bauer, Esq.
         For the General Counsel

Mr. C. Charles Caruso
         For the Respondent

Before: ELI NASH, JR.
         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., (hereafter called the Statute) and the Rules and Regulations issued thereunder. Pursuant to a charge filed on March 2, 1987, by the American Federation of Government Employees, Local 1969, AFL - CIO (hereinafter called the Union), a Complaint and Notice of Hearing was issued on March 30, 1987, by the Regional Director for Region V, Federal Labor Relations Authority, Chicago, Illinois. The Complaint alleges that the Veterans [PAGE] Administration, Washington, D.C. and Veterans Administration Medical Center, Minneapolis, Minnesota (hereinafter called Respondent or Respondents) violated section 7116(a)(1), (5) and (8) of the Statute by failing and refusing to provide the Union the names and home addresses of bargaining unit employees.

Respondents, on or about April 24, 1987, filed an Answer admitting that the Union is the exclusive representative of a consolidated unit of certain non-professional employees at the Activity; that the Union requested the names and home addresses of bargaining unit employees on November 17, 1986; and, that since that date it has refused to provide the names and home addresses of the bargaining unit employees to the Union. Additionally, Respondents admitted that the names and home addresses of bargaining unit employees are contained in the Official Personnel Folder (OPF) of each employee and the OPFs are located in the Personnel Office of the Activity; that the names and home addresses of the bargaining unit employees are also contained in a computerized payroll system; and although Respondent denies that the information is reasonably available, the basis of its denial is its disagreement with the Authority's decision in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 101 (1986). 2

On or about April 29, 1987, the Counsel for the General Counsel filed a Motion for Summary Judgment in this matter asserting, in essence, that all material factual allegations of the Complaint had been admitted and that the admitted facts were sufficient to establish a violation of section 7116(a)(1), (5) and (8) of the Statute. Thereafter, on May 5, 1987, the Chief Administrative Law Judge pursuant to the rules and regulations issued an Order setting a briefing period.

On May 22, 1987, Respondents filed an Identification of Issues; and Statement of Uncontested and Contested Facts [ v28 p2 ] in which it admitted that the Union is the exclusive representative of a consolidated unit of non-professional employees; that the Union requested the names and home addresses of all bargaining unit employees; that it has not provided the names and home addresses to the Union; and that the names and home addresses of bargaining unit employees are maintained by it in the regular course of business. However, Respondents maintain that here the Union has already been furnished with an "effective equivalent" of the names and home addresses of bargaining unit employees through weekly listings of the names and positions of all employees and an annual listing of bargaining unit employees showing name, title, grade and position. With the above information, Respondents insist that the Union could use the two telephone directories covering the commuting area to obtain the home addresses and telephone number of bargaining unit employees. Under Farmers Home Labor, supra such an equivalent clearly need not be exercised by an exclusive representative. Therefore, such a position is rejected as establishing any contested material fact in this matter. Thereafter, on June 8, 1987, Respondent filed a brief in the matter. The General Counsel, on June 8, 1987, filed an additional reply to Motion for Summary Judgment.

Findings of Fact

1. The Union is the exclusive representative of a consolidated unit of certain of Respondents' non-professional employees.

2. By letter dated November 17, 1986, the Union requested that Respondents furnish it with the names and home addresses of all unit employees within the above-mentioned bargaining unit.

3. The requested information is normally maintained by Respondents in the regular course of business, is reasonably available, and could not constitute guidance, counsel or training provided for management officials or supervisors relating to collective bargaining.

4. Respondent's answer to the Complaint in this matter admits that it refused to furnish the Union the names and home addresses of bargaining unit employees.

Conclusions

Following Farmers Home Administration Finance Office St. Louis, Missouri, supra, the Authority has reviewed its decision regarding the furnishing of names and home addresses [ v28 p3 ] of bargaining unit employees to exclusive representatives on many occasions. 3 An examination of the Authority's holdings in those cases leaves no doubt that it considers the information "necessary" under section 7114(b) (4) of the Statute and also that it considers names and home addresses should be provided to the exclusive representative upon request.

Respondents' arguments in its Identification of issues; and Statement of Uncontested and Contested Facts and in its brief, in my view, raise no new issues. It is therefore, my opinion that Farmers Home Administration Finance Office, St. Louis, Missouri, supra, is dispositive of all arguments raised by Respondents herein. As a result of the Authority's holdings in the cited cases, I am constrained to find that Respondents' defenses for its failure and refusal to provide the Union with the requested information lacks any merit. Accordingly, it is concluded that Respondents were obligated under section 7114(b)(4) of the Statute to furnish the names and home addresses of the bargaining unit employees upon request.

In light of the above, it is my finding that Respondents violated section 7116(a)(1), (5) and (8) of the statute and that the General Counsel's motion for Summary Judgment, should be granted. It is therefore, recommended that the Authority issue the following:

ORDER

Pursuant to 2423.29 of the Authority's Rules and Regulations, 5 C.F.R. 2423.29, and 18 of the statute, 5 U.S.C. 7118, the Authority hereby orders the Veterans Administration, Washington, D.C. and Veterans Administration Medical Center, Minneapolis, Minnesota shall: [ v28 p4 ]

1. Cease and desist from:

(a) Refusing to furnish, upon request of American Federation of Government Employees, Local 1969, AFL - CIO, the exclusive representative of its employees, the names and home addresses of all bargaining unit employees.

(b) In any like or related manner interfering with, restraining, or coercing its employees in the exercise of their rights assured by the Federal Service Labor - Management Relations Statute.

2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute:

(a) Furnish the names and home addresses of all bargaining unit employees as requested by the American Federation of Government Employees, Local 1969, AFL - CIO.

(b) Post at Veterans Administration, Washington, D.C. and Veterans Administration Medical Center, Minneapolis, Minnesota copies of the attached Notice (see Appendix) on forms to be furnished by the Federal Labor Relations Authority. Upon receipt of such forms, they shall be signed by a responsible official of the Veterans Administration, Washington, D.C. and Veterans Administration Medical Center, Minneapolis, Minnesota 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 insure that such Notices are not altered, defaced, or covered by any other material.

(c) Pursuant to 2423.30 of the Authority's Rules and Regulations, notify the Regional Director of Region V, Federal Labor Relations Authority, 175 W. Jackson Boulevard, Suite 1359-A, Chicago, Illinois 60604, in writing, within 30 days from the [ v28 p5 ] date of this Order, as to what steps have been taken to comply herewith.

ELI NASH, JR.
Administrative Law Judge

Dated: June 17, 1987
       Washington, D.C.

[ v28 p6 ]

                         APPENDIX
                  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 WILL NOT refuse to furnish, upon request of the American Federation of Government Employees, Local 1969, AFL - CIO, the exclusive representative of our employees, the names and home addresses of all bargaining unit employees represented by it in the Veterans Administration Medical Center Minneapolis, Minnesota facility.

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

WE WILL furnish the names and home addresses of all bargaining unit employees as requested by the American Federation of Government Employees, Local 1969, AFL - CIO.

                             ______________________________
                                  (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.

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 V, whose address is: 175 W. Jackson Boulevard, Suite 1359-A, Chicago, IL 60604, and whose telephone number is: (312) 353-6306. [PAGE]

FOOTNOTES

Footnote 1 The Respondents excepted to the dual posting of a notice in Washington, D.C. and in Minneapolis. The Judge's Order has been modified to provide for posting of the notice only at the Veterans Administration Medical Center, Minneapolis, Minnesota. This posting is consistent with posting requirements in similar cases. See, for example, Veterans Administration, Washington, D.C. and Veterans Administration Medical Center, North Chicago, Illinois and American Federation of Government Employees, Local 2107, AFL-CIO, 27 FLRA No. 42 (1987), application for enforcement filed sub nom. FLRA v. Veterans Administration, Washington, D.C. and Veterans Administration Medical Center North, North Chicago, IL, No. 87-1250 (D.C. Cir. June 5, 1987); and Departments of the Army and Air Force, Army and Air Force Exchange Service Headquarters, Dallas, Texas and Army and Air Force Exchange Service, McClellan Air Force Base, California and American Federation of Government Employees, Local 1857, AFL-CIO, 26 FLRA No. 85 (1987), petition for review filed sub nom. Departments of the Army and Air Force, Army and Air Force Exchange Service, Headquarters, Dallas, Texas and Army and Air Force Exchange Service, McClellan AFB, California v. FLRA, No. 87-7274 (9th Cir. June 29, 1987).

Footnote 2 Respondents also assert that because the issue of providing names and home addresses has been appealed any action on the matter should be stayed until that appeal is decided. Despite such appeals the Authority has not delayed action on this issue pending the resolution of the above-mentioned appeals. Consequently, Respondent's request for a stay is denied.

Footnote 3 Philadelphia Naval Shipyard, 24 FLRA 39 (1986); Defense Mapping Agency Aerospace Center, St. Louis, Missouri, 24 FLRA 43 (1986); Social Security Administration, North-eastern Program Service Center, 24 FLRA 108 (1986); Department of the Navy, Portsmouth Naval, 24 FLRA 209 (1986); Department of the Air