29:0284(32)CA - Navy, Norfolk Naval Shipyard, Portsmouth, Virginia and AFGE Local 22 -- 1987 FLRAdec CA



[ v29 p284 ]
29:0284(32)CA
The decision of the Authority follows:


29 FLRA No. 32

DEPARTMENT OF THE NAVY
NORFOLK NAVAL SHIPYARD
PORTSMOUTH, VIRGINIA

              Respondent

         and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 22, AFL-CIO

               Charging Party

Case No. 34-CA-70333

DECISION AND ORDER

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 American Federation of Government Employees, Local 22, AFL - CIO (the Union) with the names and home addresses of bargaining unit employees of the Department of the Navy located at the Norfolk Naval Shipyard in Portsmouth, Virginia. 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.

II. Facts

The Union is the exclusive representative of a unit of employees at the Norfolk Naval Shipyard, Portsmouth, Virginia. By letter dated January 9, 1987, the Union requested that the Respondent furnish it with the names and home addresses of all bargaining unit employees. By letter dated January 15, 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, is reasonably available 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 General Counsel has not demonstrated that the home addresses of bargaining unit employees are relevant and necessary for the Union to fulfill its representational responsibilities. 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 (5th Cir. Dec. 23, 1986), and contends hat 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. Based on our Decision on Remand in Farmers Home, we reject the Respondent's assertions in this case and find that the Respondent was required to release the information under section 7114(b)(4). Further, we conclude that the [ v29 p2 ] 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.

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 the Navy, Norfolk Naval Shipyard, Portsmouth, Virginia:

1. Cease and desist from:

(a) Refusing to furnish, upon request by the American Federation of Government Employees, Local 22, AFL - CIO, 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 American Federation of Government Employees, Local 22, AFL - CIO the names and home addresses of all bargaining unit employees of the Department of the Navy, Norfolk Naval Shipyard, Portsmouth, Virginia.

(b) Post at the Norfolk Naval Shipyard, Portsmouth, Virginia 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 of the Norfolk Naval Shipyard, Portsmouth, Virginia 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 [ v29 p3 ] 30 days from the date of this Order as to what steps have been taken to comply.

Issued, Washington, D.C., September 30, 1987.

Jerry L. Calhoun, Chairman

Henry B. Frazier III, Member

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY [ v29 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 NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT refuse or fail to furnish, upon request of the American Federation of Government Employees, Local 22, AFL - CIO, 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 American Federation of Government Employees, Local 22, AFL - CIO, the exclusive representative of a bargaining unit of our employees, the names and home addresses of all employees in the bargaining unit it represents.

                             ______________________________
                                       (Activity)

Dated:____________________By:______________________________
                              (Signature)    (Commander)

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 III, Federal Labor Relations Authority, whose address is: 1111 18th Street, N.W., 7th Floor (P.O. Box 33758), Washington, D.C. 20033-0758, and whose telephone number is: (202) 653-8500. [PAG