29:0041(4)CA - DOD, Navy, Naval Training Center, Orlando, FL and NFFE Local 1451 -- 1987 FLRAdec CA



[ v29 p41 ]
29:0041(4)CA
The decision of the Authority follows:


29 FLRA No. 4

DEPARTMENT OF DEFENSE
DEPARTMENT OF THE NAVY
NAVAL TRAINING CENTER
ORLANDO, FLORIDA

              Respondent

         and

NATIONAL FEDERATION OF
FEDERAL EMPLOYEES, LOCAL
1451, INDEPENDENT

              Charging Party

Case No. 4-CA-60694

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Respondent 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 employees in the bargaining unit. The Judge granted the General Counsel's notion for summary judgment and recommended that the Respondent be ordered to take appropriate remedial action. The Respondent filed exceptions to the Judge's Decision.

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 made at the hearing 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 Department of Defense, Department of the Navy, Naval Training Center, Orlando, Florida shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request by the National Federation of Federal Employees, Local 1451, Independent, 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 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 National Federation of Federal Employees, Local 1451, Independent, the exclusive representative of certain of its employees, the names and home addresses of all employees in the bargaining unit it represents.

(b) Post at all facilities where bargaining unit employees represented by the National Federation of Federal Employees, Local 1451, 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 Director, Consolidated Civilian Personnel Office 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 IV, Federal Labor Relations Authority, in writing, within [ v29 p2 ] 30 days from the date of this Order as to what steps have been taken to comply.

Issued, Washington, D.C., September 25, 1987.

Jerry L. Calhoun, Chairman

Henry B. Frazier III, Member

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY [ v29 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 furnish, upon request of the National Federation of Federal Employees, Local 1451, Independent, the exclusive representative of certain of our employees, the names and home addresses of all employees in the bargaining unit it represents.

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

WE WILL furnish the National Federation of Federal Employees, Local 1451, Independent, the exclusive representative 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 IV, Federal Labor Relations Authority, whose address is: 1371 Peachtree Street, N.E., Suite 736, Atlanta, Georgia 30367, and whose telephone number is: (404) 347-2324. [PAGE]

DEPARTMENT OF DEFENSE
DEPARTMENT OF THE NAVY
NAVAL TRAINING CENTER
ORLANDO, FLORIDA

              Respondent

    and

NATIONAL FEDERATION OF
FEDERAL EMPLOYEES, LOCAL
1451, INDEPENDENT

              Charging Party

Case No. 4-CA-60694

Mr. Robert J. Gilson
    For the Respondent

Pamela B. Jackson, Esquire
    For the General Counsel, FLRA

Charlie A. Gaines III
    For the Charging Party

Before:  JOHN H. FENTON
         Chief Administrative Law Judge

DECISION

Statement of the Case

This case is based on an unfair labor practice complaint issued by the Regional Director, Region IV, Federal Labor Relations Authority, Atlanta, Georgia, against the Department of the Navy, Naval Training Center Orlando, Florida, based on a charge filed by the National Federation of Federal Employees, Local 1451, Independent. The complaint alleged, in substance, that Respondent violated sections 7116(a)(1), (5) and (8) of the Federal Service Labor - Management Relations Statute, 5 U.S.C. 7101 et seq. (the Statute), by refusing to furnish the Union upon [PAGE] request with the names and home addresses of all bargaining unit employees represented by the Union pursuant to section 7114(b)(4) of the Statute. 1

Respondent's answer admitted the jurisdictional allegations as to the Respondent, the Union, and the charge; that, on or about May 16, 1986, the Union, the exclusive representative of a unit of Respondent's employees, requested the names and home addresses of employees in the bargaining unit; and that, on or about June 19, 1986, an agent of the Respondent denied the Union's request. Respondent's answer also admitted that the names and home addresses are normally maintained by the Respondent in the [ v29 p2 ] regular course of business, and do not constitute guidance, advice, counsel or training provided for management officials or supervisors relating to collective bargaining. Respondent denied that the information requested is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining.

A hearing was held in Orlando, Florida, at which Respondent stipulated that the most current home addresses are kept in a computer data base maintained in Pensacola, and that such information is reasonably available to it. It offered exhibits which were rejected, and, made an offer of proof concerning its capacity to show that the Local enjoyed the following means of access to the approximately 400 employees in the bargaining unit.

(1) It is provided, on a quarterly basis, with the names of employees, their organizational placement and their work locations.

(2) The Base telephone directory gives the employees' work telephone numbers.

(3) The collective bargaining agreement entitled the Local to bulk distribution of newsletters, flyers and other information to officers and stewards for further distribution to unit employees.

(4) It has access to 11 bulletin boards and partial access to eight other boards.

(5) Meeting space on the premises is available on request.

(6) The Base newspaper has published announcements for the Local.

(7) Local officials are provided office space under the contract's terms, and they have access to employees at their work space.

Positions of the Parties

In the light of Respondents' concession that the home addresses of unit employees are reasonably available to it, General Counsel contended that no material fact remained in dispute and moved for summary judgment based on Farmers Home Administration, Finance Office, St. Louis, Missouri, 23 FLRA No. 101. [ v29 p3 ]

Respondent simply asserts that the sufficiency of the alternative means of access renders disclosure of home addresses a clearly unwarranted invasion of employee privacy, and is thus prohibited by law. In short, it asserts the Authority is in error.

Conclusion

I find Respondent has violated Section 7116(a)(1), (5) and (8) of the Statute, i.e. that the General Counsel is entitled to summary judgement as a matter of law under the teaching of the Authority's decision in Farmers Home Administration, supra. In a comprehensive opinion, it specifically held that the release of the names and home addresses of unit employees to their bargaining representative is not prohibited by the Privacy Act, and that the existence of alternative means of communicating with such employees is irrelevant. Accordingly, I recommend that the Authority adopt the following Order, designed to effecutate the purposes and policies of the Statute.

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 Department of Defense, Department of the Navy, Naval Training Center, Orlando, Florida shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request by the Local 1451, National Federation of Federal Employees, Independent, the exclusive representative of a bargaining unit 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 the rights assured them by the Federal Service Labor - Management Relations Statute.

2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute. [ v29 p4 ]

(a) Furnish Local 1451, National Federation of Federal Employees, Independent, the exclusive representative of a bargaining unit of its employees, the names and home addresses of all employees in the bargaining unit it represents.

(b) Post at its facilities where bargaining unit employees 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 a senior official 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 IV, Federal Labor Relations Authority, in writing within 30 days from the date of this Order, as to what steps have been taken to comply herewith.

JOHN H. FENTON
Administrative Law Judge

Dated:  July 13, 1987
        Washington, D.C.

[ v29 p5 ]

                     NOTICE TO ALL EMPLOYEES
                           PURSUANT TO
                   A DECISION AND ORDER OF THE
                FEDERAL LABOR RELATIONS AUTHORITY
            AND IN ORDER TO EFFECTUATE THE POLICIES OF
                   CHAPTER 71 OF TITLE 5 OF THE
                        UNITED STATES CODE
        FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE
               WE HEREBY NOTIFY OUR EMPLOYEES THAT:

We have been found by the Federal Labor Relations Authority to have committed an unfair labor practice. We have been ordered to post this Notice and abide by its provisions.

WE WILL NOT refuse to furnish, upon request by the National Federation of Federal Employees, Local 1451, Independent, the exclusive representative of a bargaining unit of our employees, the names and home addresses of all employees in the bargaining unit.

WE WILL NOT in any like or related manner, interfere with, restrain, or coerce any employee in the exercise of their rights guaranteed by the Federal Service Labor - Management Relations Statute.

WE WILL furnish National Federation of Federal Employees, Local 1451, Independent, the exclusive representative of a bargaining unit of our employees, the names and home addresses of all employees in the bargaining unit.

                             ______________________________
                                  (Agency or Activity)

Dated: _________________ By: ______________________________
                                       (Signature)

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 any of its provisions, they may communicate directly with the Regional Director of the Federal Labor Relations Authority, Region IV, whose address is: 1371 Peachtree Street, N.E., Suite 736, Atlanta, Georgia 30367, and whose telephone number is: (404) 347-2324. [PAGE]

FOOTNOTES

Footnote 1 Section 7114(b)(4) provides: (b) the duty of an agency and an exclusive representative to negotiate in good faith . . . shall include the obligation-- (4) in the case of an agency, to furnish to the exclusive representative involved, or its authorized representative, upon request and, to the extent not prohibited by law, data-- (A) which is normally maintained by the agency in the regular course of business; (B) which is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining; (C) which does not constitute guidance, advice, counsel, or