30:0300(37)CA - Marine Corps, Washington, DC and Marine Corps Reserve Support Center, Kansas City, MO and Marine Corps Finance Center, Kansas City, MO and Marine Corps Central Design And Programming Activity, Kansas City, MO and AFGE Local 2904 -- 1987 FLRAdec CA



[ v30 p300 ]
30:0300(37)CA
The decision of the Authority follows:


30 FLRA No. 37

UNITED STATES MARINE CORPS,
WASHINGTON, D.C.

             and

MARINE CORPS RESERVE SUPPORT
CENTER, KANSAS CITY, MISSOURI

             and

MARINE CORPS FINANCE CENTER,
KANSAS CITY, MISSOURI

             and

MARINE CORPS CENTRAL DESIGN
AND PROGRAMMING ACTIVITY,
KANSAS CITY, MISSOURI

                    Respondents

             and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2904

                    Charging Party

Case Nos. 7-CA-70564
          7-CA-70568

DECISION AND ORDER

I. Decision

The Administrative Law Judge issued the attached decision in this case. In his decision the Judge granted the General Counsel's motion for summary judgment and found that the Respondents Marine Corps Reserve Support Center, Marine Corps Finance Center, and Marine Corps Central Design and Programming Activity, had engaged in the unfair labor practices alleged in the consolidated complaint by refusing to furnish, upon request of the Charging Party, the names and home addresses of bargaining-unit employees. He recommended that these Respondents be ordered to take appropriate [PAGE] remedial action. The Judge further found that Respondent United States Marine Corps, Washington, D.C. had not engaged in any of the unfair labor practices alleged in the consolidated complaint and recommended that the consolidated complaint be dismissed as to this Respondent. The Respondents filed exceptions to the Judge's decision.

Pursuant to section 2423.29 of our Regulations and section 7118 of the Federal Service Labor - Management Relations Statute (the Statute), we have reviewed the rulings of the Judge and we find that no prejudicial error was committed. The rulings are affirmed. Upon consideration of the Judge's decision and the entire record, we adopt the Judge's findings, conclusions, and recommended Order.

II. Order

A. Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, the Marine Corps Reserve Support Center, Kansas City, Missouri, the Marine Corps Finance Center, Kansas City, Missouri, and the Marine Corps Central Design and Programming Activity, Kansas City, Missouri, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, AFL - CIO, Local 2904, the agent for the exclusive representative of certain of its employees, the names and home addresses of all bargaining-unit employees 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 action in order to effectuate the purposes and policies of the Statute:

(a) Furnish the American Federation of Government Employees, AFL - CIO, Local 2904, the agent for the exclusive representative of certain of its employees, with the names and home addresses of all bargaining-unit employees it represents.

(b) Post at all its facilities where bargaining-unit employees represented by the American Federation of Government Employees, AFL - CIO, Local 2904 are located, [ v30 p2 ] copies of the attached Notice on forms to be furnished by the Authority. Upon receipt of such forms, they shall be signed by the Commanding officers, Marine Corps Reserve Support center, Kansas City, Missouri, Marine Corps Finance Center, Kansas city, Missouri, and marine Corps Central Design and Programming Activity, Kansas City, Missouri. They 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 there-after. 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 VII, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order as to what steps have been taken to comply.

B. The consolidated complaint to the extent that it joins United States Marine Corps, Washington, D.C., as a party respondent, is dismissed.

Issued, Washington, D.C., November 30, 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 to furnish, upon request of the American Federation of Government Employees, AFL - CIO, Local 2904, the agent for the exclusive representative of certain of our employees, the names and home addresses of all bargaining-unit employees 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 2904, the agent for the exclusive representative of certain of our employees, the names and home addresses of all bargaining-unit employees 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 VII, Federal Labor Relations Authority, whose address is: 535 16th Street, Suite 310, Denver, Colorado 80202 and whose telephone number is: (303) 837-5224. [PAGE]

UNITED STATES MARINE CORPS,
WASHINGTON, D.C.

         AND

MARINE CORPS RESERVE SUPPORT
CENTER, KANSAS CITY, MISSOURI

         AND

MARINE CORPS FINANCE CENTER,
KANSAS CITY, MISSOURI

         AND

MARINE CORPS CENTRAL DESIGN
AND PROGRAMMING ACTIVITY
KANSAS CITY, MISSOURI

              Respondents

    and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 2904

              Charging Party

Case Nos. 7-CA-70564
           7-CA-70568

Thomas F. Wood, Esq.
         For the Respondent

Michael Farley, Esq.
         For the General Counsel

Before: ELI NASH, JR.
         Administrative Law Judge

DECISION

[PAGE]

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., (hereinafter called the Statute) and the Rules and Regulations issued thereunder. Pursuant to charges filed on May 15, 1987 and amended on June 17, 1987, by the American Federation of Government Employees, AFL - CIO, Local 2904, (hereinafter called the Union), a Consolidated Complaint and Notice of Hearing was issued on June 30, 1987, by the Regional Director for Region VII, Federal Labor Relations Authority, Denver, Colorado. The Complaint allege that the United States Marine Corps, Washington, D.C., 1 the Marine Corps Reserve Support Center, Kansas City, Missouri, the Marine Corps Finance Center, Kansas City, Missouri and the Marine Corps Central Design and Programming Activity, Kansas City, Missouri, (hereinafter called Respondent or Respondents) violated section 7116(a)(1), (5) and (8) of the Statute by failing and refusing to furnish the Union with the names in conjunction with the home addresses of bargaining unit employees. 2

Respondents filed an Answer admitting that the Union is the exclusive representative of a national consolidated unit of certain of Respondents' non-professional employees; that the Union requested the names and home addresses of bargaining unit involved employees on March 5, 1987; and, that on March 19, 1987 and March 26, 1987, respectively Respondents refused to provide the names and home addresses of the bargaining unit employees to the Union. Additionally, [ v30 p2 ] Respondents admitted that the names and home addresses of bargaining unit employees are normally maintained by Respondents in the regular course of business and is reasonably available. Respondents deny, however, that the information is necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining or that release of the information is not prohibited by law.

On or about August 28, 1987, the Counsel for the General Counsel filed a Motion for Summary Judgment in this matter asserting, in essence, that all material factual allegations of the Consolidated Complaint had been admitted and that the admitted facts were sufficient to establish a violation of section 7116(a)(1), (5) and (8) of the Statute. Thereafter, on or about September 8, 1987, Respondents submitted an opposition to the Motion for Summary Judgment. The General Counsel filed an opposition to Respondents' opposition on September 15, 1987.

Respondents' opposition asserted that the requested information was not necessary and that furnishing the information is prohibited by law. For those reasons the Respondents assert that since there are material facts still in dispute a hearing should be held. Finally, Respondents' brief in support of its opposition to the Motion for Summary Judgment merely outlines its disagreement with Authority holdings in the case that is present law in name and home address cases. Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 101 (1986).

Findings of Fact

1. The Union is the exclusive representative of a national consolidated unit of certain of Respondents' non-professional employees.

2. By letters dated March 5, 1987, the Union requested that Respondents furnish it with the names and home addresses of all unit employees within the above-mentioned bargaining unit.

3. The requested information is normally maintained by Respondents in the regular course of business, is reasonably available, and could not constitute guidance, counsel or training provided for management officials or supervisors relating to collective bargaining.

4. Respondent's Answer to the Complaint, as well as evidence contained in the file in this matter, establishes that Respondent refused to furnish the Union the names and home addresses of bargaining unit employees. [ v30 p3 ]

Conclusions

Since the decision in Farmers Home Administration Finance Office, St. Louis, Missouri, supra, the Authority has reviewed its holding regarding the furnishing of names and home addresses of bargaining unit employees to exclusive representatives on innumerable occasions. 3 An examination of only some of the Authority's holdings in those cases leaves little doubt that it considers the information "necessary" under section 7114(b)(4) of the Statute and also that it considers names and home addresses should be furnished to the exclusive representative upon request.

Respondents' arguments in its brief, in my view, raise no new issues. It is therefore, my opinion that Farmers Home Administration Finance Office, St. Louis, Missouri, supra, is dispositive of all arguments raised by Respondents herein. 4 As a result of the Authority's holdings in the cited cases, I am constrained to find that Respondents' defenses for its failure and refusal to furnish the Union with the requested information lacks merit. Accordingly, it is concluded that Respondents were obligated under section 7114(b) (4) of the Statute to furnish the names and home addresses of the bargaining unit employees upon request. Refusing to do so, even for the reasons asserted by Respondents constitutes a violation of the Statute. [ v30 p4 ]

In light of the above, it is my finding that Respondents violated section 7116(a)(1), (5) and (8) of the Statute and that the General Counsel's Motion for Summary Judgment, should be granted. It is therefore, recommended that the Authority issue the following:

ORDER

Pursuant to 2423.29 of the Authority's Rules and Regulations, 5 C.F.R. 2423.29, and 18 of the Statute, 5 U.S.C. 7118, the Authority hereby orders the Marine Corps Reserves Support Center, Kansas City Missouri, the Marine Corps Finance Center, Kansas City, Missouri and the Marine Corps Central Design and Programming Activity, Kansas City, Missouri shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of American Federation of Government Employees, Local 2904, AFL - CIO, the exclusive representative of its employees, the names and home addresses of all bargaining unit employees.

(b) In any like or related manner interfering with, restraining, or coercing its employees in the exercise of their rights assured by the Federal Service Labor - Management Relations Statute.

2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute:

(a) Furnish the names and home addresses of all bargaining unit employees as requested by the American Federation of Government Employees, Local 2904, AFL - CIO.

(b) Post at the Marine Corps Reserve and Support Center, Kansas City, Missouri, the Marine Corps Finance Center, Kansas City Missouri and the Marine Corps Central Design and Programming Activity, Kansas City, Missouri copies of the attached Notice (See Appendix) on forms to be furnished by the Federal Labor Relations Authority. Upon receipt of such forms, they shall be signed by a responsible official of the [ v30 p5 ] Marine Corps Reserve and Support Center, Kansas City, Missouri, the Marine Corps Finance Center, Kansas City Missouri and the Marine Corps Central Design and Programming Activity, Kansas City, Missouri 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 insure that such Notices are not altered, defaced, or covered by any other material.

(c) Pursuant to 2423.30 of the Authority's Rules and Regulations, notify the Regional Director of Region VII, Federal Labor Relations Authority, 535 16th Street Suite 310, Denver, Colorado 80202 in writing, within 30 days from the date of this Order, as to what steps have been taken to comply herewith.

IT IS FURTHER ORDERED that the Consolidated Complaint, to the extent it joins United States Marine Corps, Washington, D.C. as a party respondent, be, and it hereby is dismissed.

ELI NASH, JR.
Administrative Law Judge

Dated: September 22, 1987
        Washington, D.C.

[ v30 p6 ]

                          APPENDIX
                   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 WILL NOT refuse to furnish, upon request of the American Federation of Government Employees, AFL - CIO, Local 2904, the exclusive representative of our employees, the names and home addresses of all bargaining unit employees represented by it in the Marine Corps Reserve and Support Center, Kansas City, Missouri, the Marine Corps Finance Center, Kansas City Missouri and the Marine Corps Central Design and Programming Activity, Kansas City, Missouri.

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 names and home addresses of all bargaining unit employees as requested by the American Federation of Government Employees, AFL - CIO, Local 2904.

                               ____________________________
                                    (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.

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 VII, whose address is: 535 16th Street, Suite 310, Denver, Colorado 80202, and whose telephone number is: (303) 837-5224. [PAGE]

FOOTNOTES

Footnote 1 The General Counsel did not establish any connection between Respondent's refusal to furnish the requested information and United States Marine Corps, Washington, D.C. Recent Authority cases confirm that where no such connection is established higher level management will not be held responsible. See United States Department of Defense, United States Department of the Navy Washington, D.C., 28 FLRA No. 112 (1987); United States Department of Defense, Department of the Air Force and Department of the Air Force, Carswell Air Force Base Texas, 28 FLRA 117 (1987).

Footnote 2 The Consolidated Complaint inadvertently states that the request was made on May 15, 1987. However, all other correspondence and the record reveals that the request was made on or about March 5, 1987. Absent objection by Respondent, the Complaint in paragraphs 8(a) and 9(a) is amended to conform to the proof herein.

Footnote 3 Philadelphia Naval Shipyard, 24 FLRA 39 (1986); Defense Mapping Agency Aerospace Center, St. Louis, Missouri, 24 FLRA 43 (1986); Social security Administration, North-eastern Program Service Center, 24 FLRA 108 (1986); Department of the Navy, Portsmouth Naval Shipyard, 24 FLRA 209 (1986); Department of the Air Force, Scott Air Force Base, 24 FLRA 226 (1986); Department of Health and Human Services, Region V, 26 FLRA No. 56 (1987); and Air Force District of Washington, 26 FLRA No. 64 (1987); Department of the Navy, Mare Island Naval Shipyard, Vallejo, California, 26 FLRA No. 78 (1987).

Footnote 4 Respondents arguments that SECNAVINST 5720.42C and SECNAVINST 5211.5C preclude release of names and home addresses under the Privacy Act of 1974 and the Freedom of Information Act also misses the point. After careful consideration the Authority has found that such interests are not protected, therefore, s