28:0948(120)CA - Air Force, 92d Combat Support Group, Fairchild AFB, WA and NFFE Local 11 -- 1987 FLRAdec CA
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The decision of the Authority follows:
28 FLRA No. 120 DEPARTMENT OF THE AIR FORCE, 92D COMBAT SUPPORT GROUP, FAIRCHILD AIR FORCE BASE, WASHINGTON Respondent and NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 11, INDEPENDENT Charging Party Case No. 9-CA-70198
I. Statement of the Case
This matter is before the Authority under section 2429.1(a) of our Regulations based on the parties' stipulation of facts. The complaint alleges that 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 with the names and home addresses of bargaining unit employees. The Respondent and General Counsel filed briefs. For the reasons stated below, we find that the Respondent has committed the unfair labor practices as alleged.
The Union represents a unit of employees paid from appropriated funds and serviced by the Fairchild Air Force Base Civilian Personnel Office. The unit has approximately 417 employees. By letter dated January 21, 1987, the Union requested the names and home addresses of all employees in the exclusive unit. By letter dated January 23, 1987, the Respondent refused to provide the information to the Union.
The parties have stipulated that the information is maintained in the Respondent's appropriated fund payroll files and may be obtained from there. However, the payroll records do not identify employees by bargaining unit status. [PAGE]
That information is contained in the Respondent's personnel records. Furthermore, there is no automated record at the Respondent's facility with the names, home addresses and unit status of appropriated fund civilian employees. The parties further stipulate that the information does not constitute guidance, counsel, advice, or training provided for management officials or supervisors relating to collective bargaining.
III. Positions of the Parties
A. The Respondent
The Respondent concedes that our 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), is dispositive of several issues, but urges us to reverse that decision. The Respondent argues that release of the names and home addresses of employees is contrary to the Privacy Act, and also that availability of alternate methods of communication with employees in some situations would be sufficient to preclude the requirement of release of names and home addresses.
In addition, the Respondent argues that certain requirements of section 7114(b)(4) of the Statute are not met here. Specifically, it argues that the records are not normally maintained in the regular course of business as required by section 7114(b)(4)(A) because (1) names and home addresses are in payroll records which are not identified by bargaining unit status; and (2) there is no automated record at the Respondent's facility which contains the names, home addresses and bargaining unit status of appropriated fund civilian employees. The Respondent concedes that a list could be created manually by going through the records of the employees. Because such a list would have to be created, the Respondent also argues that the data are not "reasonably available" as required by section 7114(b)(4)(B).
B. The General Counsel
The General Counsel argues that our decision in Farmers Home and subsequent cases relying on it are controlling in this case. The General Counsel submits that the Respondent's refusal to provide the names and home addresses of bargaining unit employees violates section 7114(b)(4) of the Statute and constitutes the unfair labor practices alleged in the complaint. [ v28 p2 ]
IV. Analysis and Conclusions
in our decision on remand in Farmers Home, we held that the release of the names and home addresses of bargaining unit employees to exclusive representatives is not prohibited by law, is necessary for unions to fulfill their duties under the Statute, and meets all of the other requirements of section 7114(b)(4). Our decision in Farmers Home analyzed the two exceptions to the Privacy Act's bar to disclosure of personal information pertinent to the release of employees' names and home addresses: exception (b)(2), concerning the Freedom of Information Act, and exception (b)(3), relating to "routine use" of information. We found that both exceptions to the Privacy Act's bar applied so as to authorize release of the information under the Privacy Act, and the Respondent has conceded that under Farmers Home, the requirements of the Privacy Act have been met. We also found in Farmers Home that the release of the information is generally required without regard to whether alternative means of communication are available.
Although the Respondent argues that the information sought by the Union is not normally maintained or reasonably available, the stipulation clearly shows that the names and home addresses of employees are maintained and that identification of employees as to unit status also is maintained. Consequently, we find that the requirement of section 7114(b)(4)(A) has been met and that the information is reasonably available within the meaning of section 7114(b)(4)(B). See Department of the Navy, Naval Submarine Base, New London (New London, Connecticut), 27 FLRA No. 85 (1987). Consistent with our decision in Farmers Home, we therefore find that the Respondent was required to furnish the Union with the names and home addresses of the employees in the bargaining unit. Its refusal to do so violated section 7116(a)(1), (5), and (8) of the Statute.
Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, the Department of the Air Force, 92d Combat Support Group, Fairchild Air Force Base, Washington, shall:
1. Cease and desist from:
(a) Refusing to furnish, upon request of the National Federation of Federal Employees, Local 11, Independent, the exclusive representative of a unit of its employees, the names and home addresses of all bargaining [ v28 p3 ] unit employees it represents located at Fairchild Air Force Base, Washington.
(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of 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 National Federation of Federal Employees, Local 11, Independent, the exclusive representative of a unit of its employees, with the names and home addresses of all bargaining unit employees it represents located at Fairchild Air Force Base, Washington.
(b) Post at all its facilities at Fairchild Air Force Base, where bargaining unit employees represented by the National Federation of Federal Employees, Local 11, Independent, 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, 92d Combat Support Group, Fairchild Air Force Base, Washington, 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.
(c) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region IX, 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., September, 14, 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 to furnish upon request of the National Fed