29:0978(72)CA - Navy, Naval Amphibious Base, Little Creek, Norfolk, Virginia and Naval Amphibious School, Norfolk, Virginia and Fleet Combat Training Center Atlantic, Virginia Beach, Virginia and Personnel Support Activity, Navy, Norfolk, Virginia and Naval Air Station Oceana, Virginia Beach, Virginia and Guided Missiles School, Virginia Beach, Virginia and Navy Exchange (Navy Resale and Services, Support Office) Naval Amphibious Base, Little Creek, Norfolk, Virginia and AFGE Local 1625 -- 1987 FLRAdec CA



[ v29 p978 ]
29:0978(72)CA
The decision of the Authority follows:


29 FLRA No. 72

DEPARTMENT OF THE NAVY, NAVAL AMPHIBIOUS
BASE, LITTLE CREEK, NORFOLK, VIRGINIA

Case No.  34-CA-70415

NAVAL AMPHIBIOUS SCHOOL, NAVAL AMPHIBIOUS
BASE, NORFOLK, VIRGINIA

Case No.  34-CA-70453

FLEET COMBAT TRAINING CENTER ATLANTIC
VIRGINIA BEACH, VIRGINIA

Case No.  34-CA-70458

PERSONNEL SUPPORT ACTIVITY, DEPARTMENT
OF THE NAVY, NORFOLK, VIRGINIA

Case No.  34-CA-70459

NAVAL AIR STATION OCEANA
VIRGINIA BEACH, VIRGINIA

Case No.  34-CA-70461

GUIDED MISSILES SCHOOL
VIRGINIA BEACH, VIRGINIA

Case No.  34-CA-70462

NAVY EXCHANGE (NAVY RESALE AND SERVICES,
SUPPORT OFFICE) NAVAL AMPHIBIOUS BASE
LITTLE CREEK, NORFOLK, VIRGINIA

Case No.  34-CA-70607

              Respondents

         and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1625, AFL-CIO

              Charging Party

DECISION AND ORDER

I. Statement of the Case

This consolidated unfair labor practice case is before the Authority in accordance with section 2429.1(a) of the Authority's Rules and Regulations, based on a stipulation of facts by the parties, who have agreed that no material issue of fact exists. [PAGE]

The complaint alleges that the above-captioned Respondents violated section 7116(a)(1), (5), and (8) of the Federal Service Labor - Management Relations Statute (the Statute) by failing and refusing to provide the American Federation of Government Employees, Local 1625, AFL - CIO (the Charging Party) with the names and home addresses of bargaining unit employees located at the above-captioned facilities. For the reasons stated below, we find that the Respondents have committed the unfair labor practices as alleged.

II. Facts

The Charging Party is the exclusive representative of units of employees of the Respondents. By letters dated March 18 and 19, 1987, the Charging Party requested, based on the Authority's decision 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), that the Respondents furnish it with the names and home addresses of all employees within units of its recognition at the above-referenced facilities. By letters dated from March 23 through May 27, 1987, the Respondents refused to furnish the Charging Party with the information requested.

The parties stipulated that the names and home addresses of the employees are normally maintained by the Respondents in the regular course of business; are reasonably available; and do not constitute guidance, counsel, or training provided to management officials or supervisors relating to collective bargaining.

III. Positions of the Parties

A. The Respondents

The Respondents argue that the release of the names and home addresses of employees is not "relevant or necessary" within the meaning of section 7114(b)(4)(B) of the Statute for the Charging Party to fulfill its representational responsibilities. Further, the Respondents contend that the information requested is prohibited by both the Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C. 552a). In sum, the Respondents assert that the Authority erred in its ruling in Farmers Home. [ v29 p2 ]

B. The General Counsel

The General Counsel argues that the Authority's decision on remand in Farmers Homer in which the Authority concluded that section 7114(b)(4) of the Statute entitled the exclusive representative to the names and home addresses of employees in the bargaining unit, is dispositive of the issue in this case. The General Counsel contends that the Respondents' admitted failure to furnish the employees' names and home addresses constitutes a clear violation of section 7116(a)(1), (5), and (8) of the Statute.

IV. Discussion

In our Decision and Order on Remand in Farmers Home, we concluded that the release of the names and home a dresses 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. Further, from the parties' stipulation, it is evident that the other requirements of section 7114(b)(4)(A), (B), and (C) have been met in this case.

The arguments made by the Respondents in this case are essentially the same arguments asserted by the agency in Farmers Home. Based on the parties' stipulation and our decision on remand in Farmers Home, we conclude that the Respondents' refusal to provide the Charging Party 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, Naval Amphibious Base, Little Creek, Norfolk, Virginia; the Naval Amphibious School, Naval Amphibious Base, Norfolk, Virginia; the Fleet Combat Training Center Atlantic, Virginia Beach, Virginia; the Personnel Support Activity, Department of the Navy, Norfolk, Virginia; the Naval Air Station Oceana, [ v29 p3 ] Virginia Beach, Virginia; the Guided missiles School, Virginia Beach, Virginia; and the Navy Exchange (Navy Resale and Services, Support office) Naval Amphibious Base, Little Creek, Norfolk, Virginia, respectively, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, Local 1625, AFL - CIO, the exclusive representative of its employees, the names and home addresses of all employees in the bargaining units 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 actions in order to effectuate the purposes and policies of the Statute:

(a) Furnish the American Federation of Government Employees, Local 1625, AFL - CIO, the exclusive representative of its employees, the names and home addresses of all bargaining unit employees located at the above-referenced facilities.

(b) Post at the Department of the Navy, Naval Amphibious Base, Little Creek, Norfolk, Virginia; the Naval Amphibious School, Naval Amphibious Base, Norfolk, Virginia; the Fleet Combat Training Center Atlantic, Virginia Beach, Virginia; the Personnel Support Activity, Department of the Navy, Norfolk, Virginia; the Naval Air Station Oceana, Virginia Beach, Virginia; the Guided Missiles School, Virginia Beach, Virginia; and the Navy Exchange (Navy Resale and Services, Support Office) Naval Amphibious Base, Little Creek, Norfolk, Virginia, respectively, copies of the attached Notices marked Notice A, B, C, D, E, F, and G on forms to be furnished by the Federal Labor Relations Authority. Upon receipt of such forms they shall be signed, respectively, by the Commanding Officer or, if none, by a similarly senior official, 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. [ v29 p4 ]

(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 30 days from the date of this Order as to what steps have been taken to comply.

Issued, Washington, D.C., October 20, 1987.

Jerry L. Calhoun, Chairman

Henry B. Frazier III, Member

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY [ v29 p5 ]

                              NOTICE A
                      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 1625, AFL - CIO, the exclusive representative 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 1625, AFL - CIO, the exclusive representative of our employees, the names and home addresses of all bargaining unit employees of the Department of the Navy, Naval Amphibious Base, Little Creek, Norfolk, Virginia.

                             ______________________________
                                      (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 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. [PAGE]

                           NOTICE B
                    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 1625, AFL - CIO, the exclusive representative 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 1625, AFL - CIO, the exclusive representative of our employees, the names and home addresses of all bargaining unit employees of the Naval Amphibious School, Naval Amphibious Base, Norfolk, Virginia.

                             ______________________________
                                      (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 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. [PAGE]

                               NOTICE C
                      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 1625, AFL - CIO, the exclusive representative 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 1625, AFL - CIO, the exclusive representative of our employees, the names and home addresses of all bargaining unit employees of the Fleet Combat Training Center Atlantic, Virginia Beach, Virginia.

                             ______________________________
                                      (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 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. [PAGE]

                              NOTICE D
                      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 1625, AFL - CIO, the exclusive representative 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 1625, AFL - CIO, the exclusive representative of our employees, the names and home addresses of all bargaining unit employees of the Personnel Support Activity, Department of the Navy, Norfolk, Virginia.

                             ______________________________
                                      (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 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. [PAGE]

                        NOTICE E
                  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 1625, AFL - CIO, the exclusive representative 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 1625, AFL - CIO, the exclusive representative of our employees, the names and home addresses of all bargaining unit employees of the Naval Air Station Oceana, Virginia Beach, Virginia.

                             ______________________________
                                      (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 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. [PAGE]

                         NOTICE F
                  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 1625, AFL - CIO, the exclusive representative 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 1625, AFL - CIO, the exclusive representative of our employees, the names and home addresses of all bargaining unit employees of the Guided Missiles School, Virginia Beach, Virginia.

                             ______________________________
                                      (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 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. [PAGE]

                            NOTICE G
                    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 1625, AFL - CIO, the exclusive representative of our employees, the names and home addresses of all employees in the bargaining unit it represents.

WE W