29:1105(81)CA - Marine Corps Air Station, Yuma, AZ and NFFE -- 1987 FLRAdec CA



[ v29 p1105 ]
29:1105(81)CA
The decision of the Authority follows:


29 FLRA No. 81

UNITED STATES MARINE CORPS
AIR STATION, YUMA, ARIZONA

                    Respondent

             and

NATIONAL FEDERATION OF
FEDERAL EMPLOYEES

                    Charging Party

Case No. 8-CA-70348

DECISION AND ORDER

I. Statement of the Case

This matter is before the Authority under section 2429.1(a) of our 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 Charging Party with the names and home addresses of bargaining unit employees. The Respondent and the General Counsel filed briefs. For the reasons stated below, we find that the Respondent has committed the unfair labor practices as alleged.

II. Facts

The National Federation of Federal Employees, Local 64, (the Union) is the exclusive representative of two units of employees of the Respondent. By letter dated January 8, 1987, the Charging Party requested, on behalf of the Union, one of its constituent locals, the names and home addresses of all bargaining unit employees represented by the Union. By letter dated March 5, 1987, the Respondent refused to provide the information. The parties have stipulated that the names and home addresses of the employees are normally maintained by the Respondent in the regular course of business; are reasonably available; and do not constitute guidance, counsel, or training provided for management officials or supervisors relating to collective bargaining. [PAGE]

III. Positions of the Parties

A. The Respondent Although the Respondent concedes that the Authority's 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) is apparently dispositive in this matter, the Respondent disputes the decision. It contends that the disclosure of the names and home addresses of all bargaining unit employees to the Charging Party is prohibited by the Privacy Act, that the information is neither necessary or relevant to the Charging Party's representational responsibilities and that there are alternative means to communicate with the employees.

B. The General Counsel

The General Counsel argues that this case is controlled by Farmers Home. The General Counsel submits that the Respondent's admitted failure to provide the names and home addresses of bargaining unit employees violates section 7116(a)(1), (5), and (8) of the Statute.

IV. Analysis and Conclusions

In our decision on remand in Farmers Home, we held that the release of the 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) of the Statute. our decision 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 communication are available. [ v29 p2 ]

Consistent with our decision in Farmers Home, we therefore find that the Respondent was required to furnish the Charging Party, as agent of the Union, with the names and home addresses of the employees in the two bargaining units and its refusal to do so violated section 7116(a)(1), (5), and (8) of the Statute.

V. Order

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, the United States Marine Corps Air Station, Yuma, Arizona, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Federation of Federal Employees, on behalf of the National Federation of Federal Employees, Local 64, the exclusive representative of certain of its employees, the names and home addresses of all employees in the two bargaining units represented by the exclusive representative.

(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of 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 National Federation of Federal Employees, the agent of the National Federation of Federal Employees, Local 64, the exclusive representative of two bargaining units of its employees, the names and home addresses of all employees in the two bargaining units represented by the exclusive representative.

(b) Post at its facility where bargaining unit employees represented by the National Federation of Federal Employees, Local 64 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 Commander, United States Marine Corps Air Station, Yuma, Arizona, 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. [ v29 p3 ]

(c) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region VIII, Federal Labor Relations Authority, Los Angeles, California, 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 23, 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 to furnish, upon request of the National Federation of Federal Employees, on behalf of the National Federation of Federal Employees, Local 64, the exclusive representative of certain of our employees, the names and home addresses of all employees in the two bargaining units represented by the exclusive representative.

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

WE WILL furnish the National Federation of Federal Employees, the agent of the National Federation of Federal Employees, Local 64, the exclusive representative of two bargaining units of our employees, the names and home addresses of all employees in the two bargaining units represented by the exclusive representative.

                             ______________________________
                                      (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