30:0244(28)CA - VA, Washington, DC and VA Medical Center, Marion, IN and AFGE Local 1020 -- 1987 FLRAdec CA



[ v30 p244 ]
30:0244(28)CA
The decision of the Authority follows:


30 FLRA NO.28

VETERANS ADMINISTRATION
WASHINGTON, D.C. AND VETERANS
ADMINISTRATION MEDICAL CENTER
MARION, INDIANA

                        Respondent

                   and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO
LOCAL 1020

                        Charging Party

Case No. 5-CA-70250

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in this case, 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 bargaining unit employees. The Judge granted the General Counsel's motion for summary Judgment and recommended that the Respondent be ordered to take appropriate remedial action. The Respondent filed exceptions to the Judge's Decision and the General Counsel filed an opposition to the Respondent's exceptions. 1

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 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, as modified. [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 Veterans Administration, Washington, D.C. and the Veterans Administration Medical Center, Marion, Indiana, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, AFL - CIO, Local 1020, the agent of the exclusive representative of certain of its employees, the names and home addresses of all 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 action in order to effectuate the purposes and policies of the Statute:

(a) Furnish the American Federation of Government Employees, AFL - CIO, Local 1020, the agent of the exclusive representative of an appropriate unit of its employees, with the names and home addresses of all employees in the bargaining unit.

(b) Post at all facilities where bargaining unit employees represented by the American Federation of Government Employees, AFL - CIO, Local 1020, 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 of the Veterans Administration Medical Center, Marion, Indiana, 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 V, Federal Labor Relations Authority, in [ v30 p2 ] writing, within 30 days from the date of this Order as to what steps have been taken to comply.

Issued, Washington, D.C., November 27, 1987.

Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY [ v30 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 fail to furnish, upon request of the American Federation of Government Employees, AFL - CIO, Local 1020, the agent of the exclusive representative of an appropriate unit 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, AFL - CIO, Local 1020, the agent of the exclusive representative of an appropriate unit 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 V, Federal Labor Relations Authority, whose address it: 275 W. Jackson Blvd., Suite 2359-A, Chicago, Illinois 60604 and whose telephone number is: (312) 353-6306. [PAGE]

VETERANS ADMINISTRATION,
WASHINGTON, D.C. and
VETERANS ADMINISTRATION
MEDICAL CENTER,
MARION, INDIANA

              Respondent

    and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 1020

              Charging Party

Case No.: 5-CA-70250

Sharon A. Bauer, Esquire
         For the General Counsel

Clarence J. McClane, Esquire
         For the Respondent

Before: BURTON S. STERNBURG
        Administrative Law Judge

DECISION

Statement of the Case

This is a proceeding under the Federal Service Labor - Management Relations Statute, Chapter 71 of Title 5 of the U.S. Code, 5 U.S.C. Section 7101, et seq. and the Rules and Regulations issued thereunder.

Pursuant to an amended charge first filed on April 21, 1987, by Local 1020, American Federation of Government Employees, AFL - CIO, (hereinafter called the Union or Local 1020), a Complaint and Notice of Hearing was Issued on May 26, 1987, by the Regional Director for Region V, Federal Labor Relations Authority, Chicago, Illinois. The Complaint alleges that the Veterans Administration, Washington, D.C. [PAGE] and Veterans Administration Medical Center, Marion, Indiana, (hereinafter called Respondent), violated Sections 7116(a) (1), (5) and (8) of the Federal Service Labor - Management Relations Statute (hereinafter called the Statute), by failing and refusing to furnish to the Union the names and home addresses of bargaining unit members employed at the Veterans Administration Medical Center, Marion, Indiana.

On June 18, 1987, Respondent filed an answer denying the commission of any unfair labor practices but admitting all the material factual allegations of the Complaint.

On June 24, 1987, Counsel for the General Counsel, Federal Labor Relations Authority, pursuant to Section 2423.19(k) of the Federal Labor Relations Authority's Rules and Regulations filed with the Chief Administrative Law Judge a Motion For Summary Judgment and a brief in support thereof. Subsequently the matter was assigned to the undersigned Administrative Law Judge for decision on the Motion For Summary Judgment. 2

Having read the Complaint and Respondent's Answer thereto, as well as the General Counsel's brief in support of the Motion, I am convinced, based primarily upon the Federal Labor Relations Authority's decision in Farmers Home Administration, Finance Office, St. Louis, Missouri, 23 FLRA No. 101, which I am constrained to follow, that a hearing in the instant matter is not necessary since there is no material fact in dispute.

Accordingly, upon the basis of the above described record, I make the following findings of fact, conclusions and recommendations.

Findings of Fact

1. At all times material herein, Respondent has maintained and operated the Veterans Administration Medical Center in Marion, Indiana# hereinafter referred to as the Activity.

2. At all times material herein, the American Federation of Government Employees, AFL - CIO, has been certified as the exclusive representative of a consolidated unit of [ v30 p2 ] non-professional employees and a consolidated unit of professional employees of the Veterans Administration, including the Registered Nurses at the Activity with certain other exclusions not material herein.

3. At all times material herein, the Union has been an agent of the American Federation of Government Employees, AFL - CIO, with respect to the professional and non-professional employees of Respondent at the Activity.

4. Since on or about August 13, 1982, Respondent and the American Federation of Government Employees, AFL - CIO, have been parties to a Collective Bargaining Agreement covering, inter alia, the non-professional employees described above in Paragraph 2.

5. By letter dated April 2, 1987, the Union requested that Respondent, by Roger A. Johnson, Chief, Personnel Services (Activity) furnish to the Union the names and home addresses of all bargaining unit employees employed at the Activity.

6. By letter dated April 7, 1987, Respondent, by Roger A. Johnson, refused to provide to the Union the names and home addresses of bargaining unit employees employed at the Activity.

7. Since April 7, 1987, and continuing to date, Respondent has failed and/or refused to provide to the Union the names and home addresses of bargaining unit employees as requested and described above In Paragraph 2.

8. Names and home addresses of bargaining unit employees are contained in the Official Personnel Folder (OPF) of each employee and the OPF's are located in the Personnel Office of the Activity.

9. Names and home addresses of bargaining unit employees are contained in the Veterans Administration computerized payroll system.

10. The requested Information described above in Paragraph 2 is normally maintained by Respondent In the regular course of business and Is reasonably available.

11. The requested information described above in Paragraph 5 does not constitute guidance, advice, counsel, [ v30 p3 ] or training for management/officials or supervisors, relating to collective bargaining. 3

Discussion and Conclusions

The General Counsel takes the position that the Authority's decision in Farmers Home Administration, Finance Office, St. Louis, Missouri, supra, is dispositive of the matter and that summary judgment in its favor is in order.

Respondent on the other hand, takes the position in Its Answer to the Complaint, that the Privacy Act of 1974, 5 U.S.C. 552a, prohibits the release of the home addresses of the bargaining unit employees.

In agreement with the General Counsel I find that the Authority's decision in Farmers Home Administration, Finance Office, St. Louis, Missouri, supra, is dispositive of the matter.

Thus, the Authority held that release of the names and home addresses of unit employees is not prohibited by the Privacy Act, that regardless of the existence of alternative means of communication the names and home addresses of unit employees should be supplied to the Union on request, and, finally, that the exclusive representative need not offer any explanation as to the reasons it seeks such information since the Union's need "is so apparent and essentially related to the nature of exclusive representation itself. . .".

Accordingly, in view of the foregoing, and based upon the Authority's holdings set forth above, I find that the Union's request meets all the requirements imposed by Section 7114(b)(4) of the Statute, and that the Respondent's refusal to furnish the Union with the names and home addresses of bargaining unit employees constituted a violation of Sections 7116(a)(1), (5), and (8) of the Statute. [ v30 p4 ]

In such circumstances, I hereby grant the General Counsel's Motion for Summary Judgment.

Having found that Respondent violated the statute by refusing to supply the Union with the names and home addresses of the bargaining unit employees, it is hereby recommended that the Authority adopt the following order designed to effectuate the purposes and policies of the Statute.

ORDER

Pursuant to Section 2423.29 of the Federal Labor Relations Authority's Rules and Regulations and Section 7118 of the Federal Service Labor - Management Relations Statute, 5 U.S.C., Section 7118, it is ordered that the Veterans Administration, Washington D.C. and the Veterans Administration Medical Center, Marion, Indiana, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request to Local 1020, American Federation of Government Employees, AFL - CIO, the exclusive representative of its employees, the names and home addresses of all bargaining unit employees employed at the Veterans Administration Medical Center, Marion, Indiana.

(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 Federal Service Labor - Management Relations statute:

(a) Furnish the names and home addresses of all bargaining unit employees as requested by Local 1020, American Federation of Government Employees, AFL - CIO.

(b) Post at the Veterans Administration Medical Center, Marion, Indiana, 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 responsible official [ v30 p5 ] of the Veterans Administration Medical Center 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. Reason-able steps shall be taken to ensure that such Notices are not altered, defaced, or covered by any other material.

(d) Pursuant to section 2423.30 of the Authority's Rules and Regulations# notify the Regional Director, Region V, Federal Labor Relations Authority, 175 W. Jackson Blvd., Suite 1359-A, Chicago, IL 60604, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply herewith.

BURTON S. STERNBURG
Administrative Law Judge

Dated: July 30, 1987
       Washington, D.C.

[ v30 p6 ]

                         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 or fail to furnish, upon request, to Local 1020, American Federation of Government Employees, AFL - CIO the exclusive representative of our employees, the names and home addresses of all bargaining unit employees located in the Veterans Administration medical Center* Marion, Indiana.

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 the names and home addresses of all bargaining unit employees as requested by Local 1020, American Federation of Government Employees, AFL - CIO.

                             ______________________________
                                 (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. [PAGE]

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 V, whose address is: 175 W. Jackson Blvd., Suite 1359-A, Chicago, IL 60604, and whose telephone number it: (312) 353-6306. [ v30 p2 ]

FOOTNOTES