30:0266(30)CA - VA and NFFE, VA Council -- 1987 FLRAdec CA



[ v30 p266 ]
30:0266(30)CA
The decision of the Authority follows:


30 FLRA No. 30

VETERANS ADMINISTRATION

                   Respondent

         and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, VETERANS ADMINISTRATION
COUNCIL

                  Charging Party

Case No. 3-CA-70403

DECISION AND ORDER

I. Statement of the Case

This unfair labor practice case is before the Authority under section 2429.1(a) of the Authority's Rules and Regulations, based upon a stipulation of facts by the parties. 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 (the Union), the exclusive representative of a unit of the Respondent's employees, with the names and home addresses of those employees. For the reasons stated below, we find that the Respondent committed the unfair labor practices as alleged.

II. Facts

The union is the exclusive representative of a consolidated unit of the Respondent's employees. By letter dated April 7, 1987, the Union requested that the Respondent furnish it with the names and home addresses of all bargaining unit employees. By letter dated April 21, 1987, the Respondent denied the request. The parties stipulated that the information requested by the Union is normally maintained by the Respondent in the regular course of business, is reasonably available and necessary, and does not constitute guidance, advice, counsel, or training provided for management officials or supervisors, relating to collective bargaining. [PAGE]

III. Positions of the Parties

The Respondent acknowledges that this case is control-led by the Authority's Decision on Remand in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (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, 86-2579 (8th Cir. Dec. 23, 1986). However, the Respondent asserts that the Authority erred in that decision.

The General Counsel contends that the Authority's Decision on Remand in Farmers Home is dispositive of this case. Consequently, the General Counsel argues, the Respondent's admitted failure to furnish the requested names and home addresses constitutes a clear violation of section 7116(a)(1), (5) and (8) of the Statute.

IV. Analysis and Conclusion

In our Decision and Order on Remand in Farmers Home, we concluded that the release of names and home addresses of bargaining unit employees to the exclusive representatives of those employees 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). We also determined that the release of the information is generally required without regard to whether alternative means of communication are available. Based on our Decision on Remand in Farmers Home, we reject the Respondent's assertion in this case and find that the Respondent was required to provide the information under section 7114(b)(4). Accordingly, we conclude that the Respondent's refusal to provide the Union with the requested information 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 Federal Service Labor - Management Relations Statute, the Veterans Administration shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the [ v30 p2 ] National Federation of Federal Employees, Veterans Administration Council, the exclusive representative of a bargaining unit of its employees, the names and home addresses of all employees in the 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 National Federation of Federal Employees, Veterans Administration Council, the exclusive representative of a bargaining unit of its employees, the names and home addresses of all employees in the unit.

(b) Post at its facilities where bargaining unit employees represented by the National Federation of Federal Employees, Veterans Administration Council 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 Administrator of the Veterans Administration and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and 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 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., November 27, 1987.

Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY [PAGE]

                    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 National Federation of Federal Employees, Veterans Administration Council, the exclusive representative of a bargaining unit of our employees, the names and home addresses of all employees in the unit.

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, Veterans Administration Council, the exclusive representative of a bargaining unit of our employees, the names and home addresses of all employees in the unit.

                             ______________________________
                                      (Agency)

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 any of its provisions, they may communicate directly with the Regional Director, Region III, Federal Labor Relations Authority whose add