28:1009(131)CA - VA, Washington, DC and VA Medical Center, Kansas City, MO and AFGE Local 2663 -- 1987 FLRAdec CA



[ v28 p1009 ]
28:1009(131)CA
The decision of the Authority follows:


28 FLRA No. 131

VETERANS ADMINISTRATION
WASHINGTON, D.C.

         and

VETERANS ADMINISTRATION
MEDICAL CENTER
KANSAS CITY, MISSOURI

                   Respondents
         and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2663

                   Charging Party

Case No. 7-CA-70489

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 and the General Counsel filed an opposition to the Respondents' exceptions.

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. [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 the Veterans Administration Medical Center, Kansas City, Missouri, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, AFL - CIO, Local 2663, the exclusive representative of certain of its employees, the names and home addresses of all employees in the bargaining unit employed at the Veterans Administration Medical Center, Kansas City, Missouri.

(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, AFL - CIO, Local 2663, 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.

(b) Post at the Veterans Administration Medical Center, Kansas City, Missouri, where bargaining unit employees represented by the American Federation of Government Employees, AFL - CIO, Local 2663, 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 Director, Veterans Administration Medical Center, Kansas City, Missouri, 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. [ v28 p 2 ]

(c) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region VII, 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 18, 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 or fail to furnish, upon request of the American Federation of Government Employees, AFL - CIO, Local 2663, the exclusive representative of certain of our employees, the names and home addresses of all employees in the bargaining unit employed at the Veterans Administration Medical Center, Kansas City, Missouri.

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

WE WILL furnish the American Federation of Government Employees, AFL - CIO, Local 2663, 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 VII, Federal Labor Relations Authority, whose address is: 535 16th Street, Suite 310, Denver, Colorado 80202 and whose telephone number is: (303) 837-5224. [PAGE]

VETERANS ADMINISTRATION,
WASHINGTON, D.C.

    and

VETERANS ADMINISTRATION
MEDICAL CENTER,
KANSAS CITY, MISSOURI

              Respondents

    and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 2663

              Charging Party

Case No.: 7-CA-70489

Nicholas J. LoBurgio, Esquire
         For the General Counsel

K. Sue Meyer, Esquire
         For the Respondent

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 April 9, 1987, by Local 2663, American Federation of Government Employees, AFL - CIO, (hereinafter called the Union or Local 2663), a Complaint and Notice of Hearing was issued on May 22, 1987, by the Regional Director for Region VII, Federal Labor Relations Authority, Denver, Colorado. The Complaint alleges that the Veterans Administration, Washington, D.C. [PAGE] (hereinafter called Respondent Washington), and the Veterans Administration Medical Center, Kansas City, Missouri, (hereinafter called Respondent Kansas City), violated Sections 7116(a)(1), (5) and (8) of the Federal Service Labor - Management Relations Statute (hereinafter called the Statute), by failing and refusing to furnish to the Union the names and home addresses of bargaining unit members employed in the Kansas City Veterans Administration Hospital facility.

On June 11, 1987, Respondents filed an answer denying the commission of any unfair labor practices but admitting all the material factual allegations of the Complaint.

On June 22, 1987, Counsel for the General Counsel filed with the Regional Director for Regional VII a Motion For Summary Judgment along with a "Brief and Memorandum of Points and Authorities In Support of the Motion". On the same date, the Regional Director for Region VII, pursuant to Section 2423.22(b)(1) of the Federal Labor Relations Authority's Rules and Regulations, transferred the General Counsel's Motion for Summary Judgment to the Chief Administrative Law Judge for decision. The matter was subsequently assigned to the undersigned Administrative Law Judge for decision on the Motion for Summary Judgment. On June 29, 1987, Counsel for the Respondents filed an "Opposition and Response to General Counsel's Motion" along with a "Brief and Memorandum of Points and Authorities", in support of its "Opposition and Response", and in the "alternative" requested that summary judgment be granted in favor of the Respondents.

Having read the Complaint and Respondents' Answer thereto, as well as the respective motions and briefs in support thereof, I am convinced, based primarily upon the Federal Labor Relations Authority's decision in Farmers Home Administration, Finance Office, St. Louis, Missouri, 23 FLRA No. 101, which I am constrained to follow, that a hearing in the instant matter is not necessary since there is no material fact in dispute.

Accordingly, upon the basis of the above described record, and after consideration of the parties briefs, I make the following findings of fact, conclusions and recommendations.

Findings of Fact

1. At all times material herein, the Union is, and has been, a labor organization within the meaning of 5 USC 7103(a)(4). [ v28 p2 ]

2(a). At all times material herein, Respondent Kansas City is, and has been, an agency within the meaning of 5 USC 7103(a)(3).

(b). At all times material herein, Respondent Washington is, and has been, an agency within the meaning of 5 USC 7103(a)(3).

3(a). At all times material herein, the American Federation of Government Employees, AFL - CIO (hereinafter called AFGE), has been certified as the exclusive representative of a national consolidated non-professional unit, consisting of, among other units, the following unit:

All non-professional full and part-time employees, including Canteen Service, at the Veterans Administration Hospital, Kansas City, Missouri, excluding all professional employees, supervisors, management officials, and personnel engaged in Federal personnel work in other than a purely clerical capacity.

(b). The unit described in paragraph 3(a) above, includes employees located at Respondents' facility in Kansas City, Missouri.

4. At all times material herein, Respondent Washington and AFGE have been parties to a collective bargaining agreement covering the employees in the unit described in paragraph 3(a) above.

5. At all times material herein, the Union has been an affiliate and agent of AFGE, the exclusive representative of the employees described in paragraph 3(a), above.

6. At all times material herein, H. W. Caldwell, herein Caldwell, has occupied the position of Personnel Officer at Respondents' facility in Kansas City, Missouri, and has been, and is now, a management official or supervisor within the meaning of 5 USC 7103(a)(10) and/or (11), and an agent of Respondents.

7. On or about February 4, 1987, and again on February 17, 1987, in writing, the Union requested Respondent Kansas City to furnish the names and home addresses of all bargaining unit employees employed at Respondents' facility in Kansas City, Missouri. [ v28 p3 ]

8. The names and home addresses of bargaining unit employees represented by the Union are normally maintained by Respondents in the regular course of business at Respondent Washington's Austin, Texas, Data Processing Office and at Respondents' Payroll Service located at the Kansas City, Missouri facility.

9. The names and home addresses of bargaining unit employees are reasonably available.

10. The names and home addresses of bargaining unit employees do not constitute guidance, advice, counsel, or training provided for management officials or supervisors, relating to collective bargaining.

11. On or about February 9, 1987, and again on or about March 31, 1987, and at all times since, Respondents, through Caldwell, have failed and refused to provide the home addresses of the bargaining unit employees.

Discussion and Conclusions

The General Counsel takes the position that the Authority's decision in Farmers Home Administration, Finance Office, St. Louis, Missouri, supra, is dispositive of the matter and that summary judgment its favor is in order.

Respondent on the other hand takes the position that the Privacy Act of 1974, 5 U.S.C. 552a, prohibits the release of the home addresses of the bargaining unit employees. Respondents' Counsel further contends that there has been no showing that the home addresses are necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining. Finally, inasmuch as the Respondent has denied certain factual allegations of the Complaint, namely (1) that the home addresses "are necessary for full and proper discussion . . . .", (2) that it has refused to make the names of unit employees available, and (3) that the requested information "is normally maintained in Respondents' Kansas City, Missouri facility in Official Personnel Files", Respondents' Counsel contends that a hearing in the matter is necessary in order to resolve the conflict between the Complaint and Respondents' Answer.

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 [ v28 p4 ] Respondents' contentions and/or defense