28:1129(146)CA - Commerce, National Bureau of Standards and Washington Area MTC -- 1987 FLRAdec CA
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The decision of the Authority follows:
28 FLRA No. 146
U.S. DEPARTMENT OF COMMERCE NATIONAL BUREAU OF STANDARDS Respondent and WASHINGTON AREA METAL TRADES COUNCIL Charging Party Case No. 3-CA-70340
I. Statement of the Case
This-matter is before the Authority under section 2429.1(a) of the Authority's 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 Washington Area Metal Trades Council (the Union) with the names and home addresses of bargaining unit employees of the U.S. Department of Commerce, National Bureau of Standards. The Respondent and the General Counsel filed briefs. For the reasons stated below, we find that the Respondent has committed the unfair labor practice as alleged.
The Union is the exclusive representative of a unit of employees at the National Bureau of Standards. By letter dated February 10, 1987, the Union requested that the Respondent furnish it with the names and home addresses of all bargaining unit employees. By letter dated April 10, 1987, the Respondent refused to furnish the Union with the information requested. The parties stipulated that the information requested is normally maintained by the Respondent in the regular course of business and does not constitute guidance, advice, counsel or training for management officials or supervisors, relating to collective bargaining. [PAGE]
III. Positions of the Parties
The Respondent asserts that the complaint should be dismissed because the General Counsel has not established that the Respondent violated section 7114(b)(4) of the Statute. The Respondent argues that the Authority erred in its 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), and contends that the disclosure of the names and home addresses of unit employees is prohibited by the Privacy Act. The Respondent argues that the Authority should consider the availability of reasonable alternative means for the Union to communicate with employees in determining whether the employees' substantial privacy interest in nondisclosure of their home addresses is outweighed by the Union's need for the addresses.
The General Counsel contends that this case is controlled by our Decision on Remand in Farmers Home. The General Counsel argues that the release of employees' names and home addresses is not prohibited by the Privacy Act and that the information should be provided regardless of whether alternative means of communication are available to a union.
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 their 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 established by section 7114(b)(4) of the Statute. We also determined that the release of the information is generally required without regard to whether alternate means of communication are available.
The arguments made by the Respondent in this case are essentially the same arguments asserted by the agency in Farmers Home. Further, from the stipulation, it is evident that the other requirements of section 7114(b)(4) have been met. Therefore, we reject the Respondent's assertions that the complaint should be dismissed. Based on our Decision on [ v28 p2 ] Remand in Farmers Home, we conclude that the Respondent's refusal to provide the Union with the names and home addresses sought in this case violates 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 Federal Service Labor - Management Relations Statute, the U.S. Department of Commerce, National Bureau of Standards, shall:
1. Cease and desist from:
(a) Refusing to furnish, upon request by the Washington Area Metal Trades Council, the exclusive representative of a bargaining unit of its employees, the names and home addresses of employees in the bargaining unit.
(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 actions in order to effectuate the purposes and policies of the Statute:
(a) Furnish the Washington Area Metal Trades Council the names and home addresses of all bargaining unit employees of the U.S. Department of Commerce, National Bureau of Standards.
(b) Post at the National Bureau of Standards, 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 of the National Bureau of Standards 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.
(c) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region III, Federal Labor Relations Authority, in writing, within [ v28 p3 ] 30 days from the date of this order as to what steps have been taken to comply.
Issued, Washington, D.C., September 23, 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 NOTIF