30:0318(40)CA - Navy and Naval Air Engineering Center, Lakehurst, NJ and NFFE Local 284 -- 1987 FLRAdec CA



[ v30 p318 ]
30:0318(40)CA
The decision of the Authority follows:


30 FLRA No. 40

UNITED STATES DEPARTMENT OF
THE NAVY AND NAVAL AIR
ENGINEERING CENTER,
LAKEHURST, NEW JERSEY

                   Respondents

         and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 284

                    Charging Party

Case No. 2-CA-70187

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Respondent Naval Air Engineering Center 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. 1 The Respondent filed exceptions to the Judge's Decision.

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 [PAGE] 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.

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 Naval Air Engineering Center, Lakehurst, New Jersey, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Federation of Federal Employees, Local 284, the exclusive representative of certain of its employees, the names and home addresses of all employees in the bargaining unit 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 National Federation of Federal Employees, Local 284, with the names and home addresses of all employees in the bargaining unit it represents.

(b) Post at all facilities where bargaining unit employees represented by the National Federation of Federal Employees, Local 284 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 Commanding Officer of the Naval Air Engineering Center, Lakehurst, New Jersey 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. [ v30 p 2 ]

(c) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region II, 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 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 National Federation of Federal Employees, Local 284, the exclusive representative of certain 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 National Federation of Federal Employees, Local 284, with 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 II, whose address is: 26 Federal Plaza, Room 3700, New York, New York 10278 and whose telephone number is: (212) 264-4934. [PAGE]

UNITED STATES DEPARTMENT OF
THE NAVY AND NAVAL AIR
ENGINEERING CENTER,
LAKEHURST, NEW JERSEY

             Respondents

   and

NATIONAL FEDERATION OF
FEDERAL EMPLOYEES,
LOCAL 284

             Charging Party

Case No. 2-CA-70187

Barbara S. Liggett, Esquire
        For the General Counsel

Thomas F. wood
        For the Respondents

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 march 4, 1987, by National Federation of Federal Employees, Local 284, (hereinafter called the union), a complaint and Notice of Hearing was issued on may 29, 1987, by the Regional Director for Region II, Federal Labor Relations Authority, New York, New York. The Complaint alleges that the United States Department of the Navy, (hereinafter called Respondent Navy), and the Naval Air Engineering Center, Lakehurst, New Jersey, (hereinafter called Respondent NAEC), violated sections 7116(a) (1), (5) and (8) of the Federal Service Labor-management Relations Statute (hereinafter called the [PAGE] statute), by failing and refusing to furnish to the Union the names and home addresses of bargaining unit members employed at the Naval Air Engineering Center, Lakehurst, New Jersey.

On June 11, 1987, Respondent filed an Answer denying the commission of any unfair labor practices but admitted all but two of the factual allegations of the Complaint. 2

On August 6, 1987, Counsel for the General counsel filed with the Regional Director for Regional II a Motion For Summary Judgment along with a "Memorandum In Support Of The General Counsel's Motion For Summary Judgment". On the same date, the Acting Regional Director for Region II, pursuant to Section 2423.22(b) of the Federal Labor Relations Authority's Rules and Regulations, transferred the General Counsel's motion for summary Judgment to the Chief Administrative Law Judge for decision. The matter was subsequently assigned to the undersigned Administrative Law Judge for decision on the motion for Summary Judgment. On August 14, 1987, Respondents filed a "Memorandum In Support Of The Respondent's Opposition To General Counsel's Motion For Summary Judgment". Subsequently, on August 24, 1987, Counsel for the General Counsel filed a "Response To Respondents Opposition To Motion For summary Judgment". 3 [ v30 p2 ]

Having read the Complaint and Respondents Answer thereto, as well as the respective motions and briefs in support thereof, 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, 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, and after consideration of the parties briefs, I make the following findings of fact, conclusions and recommendations.

Findings of Fact

1. At all times material herein, the union is, and has been, a labor organization within the meaning of 5 USC 7103(a)(4).

2(a). At all times material herein, Respondent Navy has been, and is now, an Agency within the meaning of 7103(a)(3) of the Statute.

2(b). At all times material herein, Respondent NAEC has been, and is now, a constituent entity with the Department of the Navy. [ v30 p3 ]

3. At all times material herein, Thomas Grike has occupied the position of Labor Relations Specialist at Respondents' Naval Air Engineering Center, Lakehurst, New Jersey facility.

4. At all times material herein, the individual named above in paragraph 3, has been, and is now, a supervisor or management official as defined in section 7103(a)(10) and (11), respectively, of the Statute and has been, and is now, an agent of Respondent NAEC.

5. At all times material herein, the union has been, and is now, the recognized exclusive representative of several units of employees of Respondent NAEC located at Lakehurst, New Jersey including: (a) All non-professional wage Grade and General Schedule employees of the Naval Air Engineering Center; (b) All professional and non-professional employees of the Naval Air Technical Training Center, Lakehurst, New Jersey; (c) All non-professional employees of the U.S. Navy Commissary located at Lakehurst, New Jersey.

6. On or about November 24, 1986, the union, by its agent Donald A. Bauer, requested that Respondent NAEC furnish the union with the names and home addresses of all employees who are in the bargaining units represented by the union. 7(a). The information requested in paragraph 6 above is maintained by Respondent NAEC in the regular course of business and is reasonably available.

7(b). The information requested in paragraph 6 above does not constitute guidance, advice, counsel, or training provided for management officials or supervisors relating to collective bargaining.

8. Since on or about November 24, 1986, and at all times thereafter, Respondent NAEC by its agent Thomas Grike, has failed and refused, and continues to fail and refuse, to furnish to the Union all of the requested information referred to above in paragraph 6.

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. [ v30 p4 ]

Respondents on the other hand take the position that the Privacy Act of 1974, 5 u.S.C. 552a, prohibits the release of the home addresses of the bargaining unit employees. Respondents' Counsel further contends that there has been no showing that the home addresses are necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining.

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 all Respondent's contentions and or defenses. 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. . .".

To the extent that Respondents take the position that there has been no showing that the Union needed the information for collective bargaining purposes, sufficeth to say that the Authority has, as noted above, found such information to be so essentially related to the nature of exclusive representation that no showing of necessity need be made.

Accordingly, in view of the foregoing, and based upon the Authority's holdings set forth above, and since the Union's request meets all the requirements of section 7114(b)(4) of the Statute, I find that Respondent NAEC'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. In such circumstances, I hereby grant the General Counsel's motion for summary Judgment against Respondent NAEC.

Having found that Respondent NAEC 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. [ v30 p5 ]

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 Naval Air Engineering Center, Lakehurst, New Jersey, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request to Local 284, National Federation of Federal Employees, the exclusive representative of its employees, the names and home addresses of all bargaining unit employees employed at the Naval Air Engineering center, Lakehurst, New Jersey.

(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 284, National Federation of Federal Employees.

(b) Post at the Naval Air Engineering Center, Lakehurst, New Jersey, 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 of the Naval Air Engineering Center, Lakehurst, New Jersey 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.

(c) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region II, Federal Labor [ v30 p6 ] Relations Authority, 26 Federal Plaza, Room 3700, New York, NY 10278, 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: September 14, 1987
        Washington, D.C.

[ v30 p7 ]

                       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 284, National Federation of Federal Employees, the exclusive representative of our employees, the names and home addresses of all bargaining unit employees located in the Naval Air Engineering Center, Lakehurst, New Jersey.

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 284, National Federation of Federal Employees.

                              _____________________________
                                  (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 II, whose address is: 26 Federal Plaza, Room 3700, New York, NY 10278, and whose telephone number is: (212) 264-4934. [ v30 p2 ]

FOOTNOTES

Footnote 1 The Judge also granted the General Counsel's request that the complaint be amended to delete the Department of the Navy as a Respondent in the event that summary judgment was granted as to the Respondent Naval Air Engineering Center. The Judge noted the General Counsel's position that Respondent Navy had not "mandated" the refusal to supply the requested information.

Footnote 2 Respondents deny that the requested information is necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining. Respondents also deny that Respondent Navy directed Respondent NAEC not to provide the union with the requested information.

Footnote 3 In his motion for summary judgment, Counsel for the General Counsel requested that in the event that the Motion For summary Judgment is granted against Respondent NAEC, the Complaint then be amended to delete the United States Department of the Navy as a party Respondent. In its "Opposition to the Motion For Summary Judgment" Counsel for the Respondents makes it clear that Respondents have no objection to the above request. Although not particularly clear, it appears that the General Counsel's request is predicated on Respondents' Answer to the Complaint which denied that Respondent Navy prevented Respondent NAEC from supplying the requested information. In its Brief In Opposition to the Motion For Summary Judgment, Respondents' Counsel states that in denying the requested information to the union it was guided in part by a Navy Department Regulation. In a subsequent "Response to Respondents' Opposition" Counsel for the General Counsel reaffirms its position that NAEC is the proper Respondent since there is no evidence that Respondent Navy "mandated" the refusal to supply the requested information, namely the names and home addresses of the bargaining unit employees. In view of the foregoing and based upon the Authority's recent decision in united states Department of Defense and National Federation of Federal Employees, Local 797, 28 FLRA No. 112, the General Counsel's request to amend the Complaint is hereby granted and the Complaint is amended to delete the United states Department of the Navy as a Respondent.


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