28:1097(142)CA - Air Force, Air Force Contract Management Division, Detachment 45, Baltimore, MD and NFFE Local 1624 -- 1987 FLRAdec CA
[ v28 p1097 ]
The decision of the Authority follows:
28 FLRA No. 142
DEPARTMENT OF THE AIR FORCE, AIR FORCE CONTRACT MANAGEMENT DIVISION DETACHMENT 45, BALTIMORE, MARYLAND Respondent and NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1624 Charging Party Case No. 3-CA-70297
I. Statement of the Case
This matter is before the Authority under section 2429.1(a) of our Rules and 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 the General Counsel filed briefs. For the reasons stated below, we find that the Respondent has committed the unfair labor practice alleged.
The Union is the exclusive representative of a unit consisting of all GS employees and professionals employed at the Respondent's Baltimore, Maryland locations. There are approximately 143 employees in the unit. By letter dated February 24, 1987, the Union requested the names and home addresses of the bargaining unit employees. By letter dated March 2, 1987, the Respondent refused to furnish the Union with the data it requested.
The parties stipulated that the information requested is maintained in official personnel folders at the Respondent's Kirtland Air Force Base, New Mexico facility or in civilian payroll records at its Air Force Accounting and [PAGE] Finance Center, Denver, Colorado, accessible through the Finance Office at Kirtland Air Force Base. The bargaining unit status of employees is maintained by the Respondent in its personnel records, but not in its payroll records. Furthermore, there is no one automated record at the Respondent's facility with the names, home addresses and unit status of its civilian employees. The parties further stipulated that the information does not constitute guidance, advice, counsel, or training provided for management officials or supervisors relating to collective bargaining.
III. Positions of the Parties
A. The Respondent
The Respondent argues that release of the names and home addresses of employees is contrary to the Privacy Act. The Respondent contends that we erred in 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), in ruling that employees' privacy interests are out-weighed by the needs of the union and that the release of names and home addresses is a "routine use" of the records. The Respondent contends that our finding concerning the "routine use" of the records is not consistent with the provisions of Federal Personnel Manual (FPM) Supplement 711-1, Appendix C.
The Respondent also argues that certain requirements of section 7114(b)(4) of the Statute are not met in this case. 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 from employee records but that such a list would not be "reasonably available" as required by section 7114(b)(4)(B). Finally, the Respondent argues that the information requested was not "necessary" within the meaning of 5 U.S.C. 7114(b)(4)(B) and that the availability [ v28 p2 ] of alternate methods of communication with employees would in some situations be sufficient to preclude the requirement to release home addresses.
B. General Counsel
The General Counsel asserts that our decision on remand in Farmers Home is dispositive of this case. The General Counsel argues that the information requested by the Union is normally maintained by the Respondent in the regular course of business, is reasonably available and necessary, and alleges that the Respondent violated section 7116(a)(1), (5), and (8) based on its refusal to furnish the Union with the requested data.
IV. Analysis and Conclusions
In our decision on remand in Farmers Home, we held that the release of 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. We also determined that the release of the information is generally required without regard to whether alternative means of communications are available. We reject the Respondent's assertion concerning FPM Chapter 294, Appendix C, for the reasons stated in Department of the Navy, Naval Air Station, Moffett Field, California, 28 FLRA No. 10 (1987). As we noted in that decision, Appendix C was deleted on March 12, 1985 when Chapter 294 was revised and the revised chapter contains no statement similar to that formerly contained in Appendix C. Further, from the record before us, we find that the other requirements of section 7116(b)(4)(A), (B), and (C) have been met. Based on the parties' stipulation and our decision on remand in Farmers Home, we find that the Respondent was [ v28 p3 ] 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, Air Force Contract Management Division, Detachment 45, Baltimore, Maryland, shall:
1. Cease and desist from:
(a) Refusing to furnish, upon request of the National Federation of Federal Employees, Local 1624, the exclusive representative of a unit of its employees, the names and home addresses of all unit employees located at its Baltimore, Maryland locations.
(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of their rights assured 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 1624, the exclusive representative of a unit of its employees, with the names and home addresses of all bargaining unit employees located at its Baltimore, Maryland locations.
(b) Post at its Baltimore, Maryland locations 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, Air Force Contract Management Division, Detachment 45, Baltimore, Maryland, 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. [ v28 p4 ]
(c) Pursuant to section 2323.30 of the Authority's Rules and Regulations, notify the Regional Director, Region III, 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 22, 1987.
Jerry L. Calhoun, Chairman
Henry B. Frazier III, Member
Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY [ v28 p5 ]
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 National Federation of Federal Employees, Local 1624, the exclusive representative of certain of our employees, the names and home addresses of unit employees located at our Baltimore, Marylan