28:0849(110)CA - Navy, Norfolk Naval Shipyard and Tidewater Virginia FEMTC -- 1987 FLRAdec CA
[ v28 p849 ]
28:0849(110)CA
The decision of the Authority follows:
28 FLRA No. 110
DEPARTMENT OF THE NAVY
NORFOLK NAVAL SHIPYARD
Respondent
and
TIDEWATER VIRGINIA FEDERAL
EMPLOYEES METAL TRADES
COUNCIL, AFL-CIO
Charging Party
Case No. 34-CA-70298
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 letters dated November 21, and December 16, 1986, the Union requested that the Respondent provide it with the names and home addresses of the unit employees. By letter dated January 12, 1987, 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 training provided to management officials or supervisors relating to collective bargaining. [PAGE]
III. Positions of the Parties
The Respondent essentially contends that release of the home addresses of employees would be contrary to the Privacy Act and section 7114(b)(4) of the Statute and that the information is not necessary for the Union to carry out its representational duties. The Respondent disagrees with the Authority's
