28:1103(143)CA - Naval Air Rework Facility, Norfolk, Virginia and IAM Local Lodge 39 -- 1987 FLRAdec CA
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The decision of the Authority follows:
28 FLRA No. 143
NAVAL AIR REWORK FACILITY, NORFOLK, VIRGINIA Respondent and LOCAL LODGE 39, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO Charging Party Case No. 34-CA-70352
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 Charging Party (the Union) with the names and home addresses of bargaining unit employees. The Respondent and the General Counsel filed briefs. For the reasons below, we find that the Respondent has committed the unfair labor practices as alleged.
Local Lodge 39, International Association of machinists and Aerospace Workers, AFL - CIO, is the exclusive representative of a unit of certain employees of the Respondent. By letter dated November 12, 1986, the Union requested the names and home addresses of all bargaining unit employees. By letter dated January 12, 1987, the Respondent declined to provide the information to the Union. The parties have 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, counsel, or training provided for management officials or supervisors relating to collective bargaining. [PAGE]
III. Positions of the Parties
A. The Respondent
The Respondent contends that disclosure of the names and home addresses of all bargaining unit employees to the Union is prohibited by the Privacy Act. Additionally, the Respondent argues that the information is not necessary to the Union's representational responsibilities and that there are alternative means to communicate with the employees.
B. The General Counsel
The General Counsel argues that this case is controlled by the Authority's 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). The General Counsel submits that the Respondent's admitted failure to provide the names and home addresses of bargaining unit employees violates section 7116(a)(1), (5), and (8) of the Statute.
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) of the Statute. 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 communication are available.
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 and its refusal to do so violated section 7116(a)(1),(5), and (8) of the Statute. [ v28 p2 ]
Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor - Management Relations Statute, the Naval Air Rework Facility, Norfolk, Virginia, shall:
1. Cease and desist from:
(a) Refusing to furnish, upon request of Local Lodge 39, International Association of Machinists and Aerospace Workers, 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 rights assured by the Statute.
2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute:
(a) Furnish Local Lodge 39, International Association of Machinists and Aerospace Workers, 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.
(b) Post at its facility where bargaining unit employees represented by Local Lodge 39, International Association of Machinists and Aerospace Workers, AFL - CIO, 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 Commander, Naval Air Rework Facility, Norfolk, Virginia, 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 2424.30 of the Authority's Rules and Regulations, notify the Regional Director, Region III, Federal Labor Relations Authority, Washington, D.C., in [ v28 p3 ] 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 p4 ]
NOTICE TO ALL EMPLOYEES AS ORDERED BY THE FEDERAL LABOR RELATIONS AUTHORITY AND TO