29:0342(37)CA - Air Force, Ohio Air NG, Detachment 1, HQ Ohio Air NG, Rickenbacker Air NG Base, OH and AFGE Local 1435 -- 1987 FLRAdec CA



[ v29 p342 ]
29:0342(37)CA
The decision of the Authority follows:


29 FLRA No. 37

DEPARTMENT OF THE AIR FORCE, OHIO AIR
NATIONAL GUARD, DETACHMENT 1
HEADQUARTERS OHIO AIR NATIONAL GUARD
RICKENBACKER AIR NATIONAL GUARD BASE,
OHIO

                   Respondent

              and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1435, AFL-CIO

                   Charging Party

Case No. 5-CA-70283

DECISION AND ORDER

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 Department of the Air Force, Ohio Air National Guard, Detachment 1, Headquarters Ohio Air National Guard, Rickenbacker Air National Guard Base, Ohio (the Respondent) violated section 7116(a)(1), (5), and (8) of the Federal Service Labor - Management Relations Statute (the Statute) by failing and/or refusing to furnish to the American Federation of Government Employees, Local 1435, AFL - CIO (the Union) the names and home addresses of all bargaining unit employees, including non-appropriated fund employees. The Respondent filed a brief. 1 For the reasons stated below, we find that the Respondent has committed the unfair labor practices alleged.

II. Facts

The Union is the exclusive representative of two units at the Respondent: (1) one which includes all Air Force [PAGE] employees; and (2) one which includes all non-appropriated fund employees who are regular full-time, regular part-time, or intermittent other part-time. Both units are serviced by the Respondent's Central Civilian Personnel Office. By letter dated February 11, 1987, the Union requested the names and home addresses of all bargaining unit employees. In a letter dated February 18, 1987, the Respondent stated that the requested information would be forwarded to the Union when the information was received from the appropriate payroll offices. By letter dated April 1, 1987, the Respondent refused to provide the Union the data it requested, based on a potential Privacy Act violation and available alternate means for the Union to communicate with its bargaining unit employees.

The parties stipulated that (1) the names and home addresses of the appropriated and non-appropriated fund employees are contained in the Official Personnel File (OPF) of each employee located at the Respondent, and the OPF's contain a code to identify bargaining unit status; (2) the names and home addresses of non-appropriated fund employees are maintained in 9 computerized payroll system located at Dobbins AFB, Georgia, and those of appropriated fund employees are maintained in a computerized payroll system located at the Respondent; (3) neither payroll system has a code to identify bargaining unit status; and (4) the names and home addresses of employees are contained on the Air Force Form 97, the supervisory record for employees.

The parties also stipulated that the names and home addresses of bargaining unit employees do not constitute guidance, advice, counsel, or training for management officials or supervisors, relating to collective bargaining.

III. Positions of the Parties

The Respondent contends that the release of the home addresses of all bargaining unit members to the Union is precluded by the Privacy Act. It concedes that 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, FLRA, No. 86-2579 (8th Cir. Dec. 23, 1986), is dispositive of the Privacy Act issue, but disagrees with the rationale in that decision.

The Respondent also contends that the requested information is not necessary within the meaning of section [ v29 p2 ] 7114(b)(4) of the Statute. The Respondent further argues that lists of the names and home addresses of unit employees in the appropriated and non-appropriated units are not normally maintained or reasonably available, since the payroll records do not contain a listing of employees by bargaining unit status. Therefore, it argues that providing the requested information would require the creation of a non-existent list that the Respondent is not statutorily required to do. Finally, the Respondent argues that the creation of a list would impose an unreasonable burden on it.

IV. Discussion

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 on remand 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 also found in Farmers Home that information maintained in OPF's and computer files is data normally kept in the regular course of business. We found that because names and home addresses are contained in the OPF's, the information is reasonably available within the meaning of section 7114(b)(4).

Based on the parties' stipulation and our decision on remand in Farmers Home, we find that the Respondent was 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.

ORDER

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, the [ v29 p3 ] Department of the Air Force, Ohio Air National Guard, Detachment 1, Headquarters Ohio Air National Guard, Rickenbacker Air National Guard Base, Ohio shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, Local 1435, AFL - CIO, the exclusive representative of its employees, the names and home addresses of all unit employees located at the Rickenbacker Air National Guard Base, Ohio.

(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 American Federation of Government Employees, Local 1435, AFL - CIO, the exclusive representative of its employees, with the names and home addresses of all bargaining unit employees located at the Rickenbacker Air National Guard Base, Ohio.

(b) Post at the Rickenbacker Air National Guard Base, Ohio 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, Headquarters Ohio Air National Guard, Rickenbacker Air National Guard Base, Ohio, 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 2323.30 of the Authority's Rules and Regulations, notify the Regional Director, Region V, Federal Labor Relations Authority, in writing, within [ v29 p4 ] 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 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 American Federation of Government Employees, Local 1435, AFL - CIO, the exclusive representative of certain of our employees, the names and home addresses of unit employees located at Rickenbacker Air National Guard Base, Ohio.

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

WE WILL furnish the American Federation of Government Employees, Local 1435, AFL - CIO, the exclusive representative of certain of our e