30:0391(51)CA - VA, Washington, DC and VA Medical Center and Regional Office Center, Fargo, ND and AFGE -- 1987 FLRAdec CA



[ v30 p391 ]
30:0391(51)CA
The decision of the Authority follows:


30 FLRA No. 51

VETERANS ADMINISTRATION
WASHINGTON, D.C.

         and

VETERANS ADMINISTRATION MEDICAL
CENTER AND REGIONAL OFFICE CENTER
FARGO, NORTH DAKOTA

                   Respondents

         and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO

                   Charging Party

Case No. 7-CA-70234

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Respondents 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 Respondents be ordered to take appropriate remedial action. The Respondents filed exceptions to the Judge's Decision and the General Counsel filed an opposition to the Respondents' exceptions.

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. [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 Veterans Administration Medical Center and Regional Office Center, Fargo, North Dakota, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, Local 3884, AFL - CIO, 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 American Federation of Government Employees, Local 3884, AFL - CIO, 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 American Federation of Government Employees, Local 3884, AFL - CIO 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 and Regional Office Center, Fargo, North Dakota, 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 VII, 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 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, Local 3884, AFL - CIO, 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 American Federation of Government Employees, Local 3884, AFL - CIO, 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 VII, whose address is: 535 16th Street, Suite 310, Denver, Colorado 80202 and whose telephone number is: (303) 837-5224. [PAGE]

VETERANS ADMINISTRATION, WASHINGTON, D.C

             and

VETERANS ADMINISTRATION MEDICAL
AND REGIONAL OFFICE CENTER,
FARGO, NORTH DAKOTA

             and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO

Case No. 7-CA-70234

Cathy A. Auble, Esquire
         For the General Counsel

Branson H. Moore, Esquire
        For the Respondent

Before: RANDOLPH D. MASON
        Administrative Law Judge

DECISION

STATEMENT OF THE CASE

This proceeding was initiated under the Federal Service Labor - Management Relations Statute, Chapter 71 of Title 5 of the United States Code, 5 U.S.C. 7101, et seq., and the Final Rules and Regulations issued thereunder, 5 C.F.R. 2423.1, et seq. Pursuant to a charge filed by the American Federation of Government Employees, AFL - CIO ("Union"), the General Counsel of the Federal Labor Relations Authority issued a Complaint and Notice of Hearing on April 28, 1987, alleging that Respondents violated sections 7114(b)(4) and 7116(a)(1), (5), and (8) of the Statute by refusing to [PAGE] furnish the Union with the names and home addresses of all bargaining unit employees at the Respondent Activity. In a timely filed Answer, Respondent admitted most of the material facts alleged in the Complaint, but denied any violation of the Statute.

On June 9, 1987, counsel for the General Counsel filed a Motion for Summary Judgment together with a brief and memorandum of points and authorities. On that date the Regional Director transferred the Motion to the Chief Administrative Law Judge for appropriate action.

The undersigned was selected by the Office of Personnel management to conduct this proceeding under the authority of 5 U.S.C. 3344 and 5 CFR 930.213.

After consideration of the entire record, including the pleadings and stipulations of the parties, I find that there is no issue of material fact warranting a hearing and make the following findings of fact, conclusions of law, and recommended order:

FINDINGS OF FACT

At all times material herein the American Federation of Government Employees (AFGE), AFL - CIO (Union) has been the exclusive representative of a national consolidated unit consisting of certain professional employees of the Veterans Administration. The unit includes all registered nurses, including nurse practitioners, clinical specialists and nursing instructors employed by the Veterans Administration Medical Center, Fargo, North Dakota (Respondent Fargo). At all times material herein, the Veterans Administration, Washington, D.C. (Respondent Washington) and AFGE have been parties to a collective bargaining agreement covering the employees in the bargaining unit at Fargo. AFGE Local 3884 is an affiliate and agent of the Union at the Fargo facility.

On or about November 13, 1986, the Union requested Respondent Fargo to furnish the names and home addresses of all bargaining unit employees represented by the Union at the Fargo facility. Such information is maintained by Respondent Fargo in the regular course of business and is reasonably available. On November 25 and December 10, 1986, and at all times thereafter, Respondents, through the Personnel Officer at Fargo, have failed and refused to provide the data requested by the Union.

CONCLUSIONS OF LAW

The only issue for consideration is whether Respondents' refusal to furnish the Union with the names and home [PAGE] addresses of bargaining unit employees constituted a violation of sections 7114(b)(4) and 7116(a)(1), (5), and (8) of the Statute. Section 7114(b)(4) requires an agency to furnish to an exclusive representative, upon request and to the extent not prohibited by law, data which is (1) normally maintained by the agency in the regular course of business; and (2) reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining. Respondents admittedly refused to comply with the Union's request for the home addresses of the employees in the bargaining unit at the Fargo facility. Respondents contend that the disclosure of the requested information is "prohibited by law" and is not "necessary" data under 7114(b)(4).

The General Counsel argues that Respondent's refusal constitutes a violation of the above sections of the Statute in view of the Authority's decision on remand in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA No. 101 (1986) ("FHAFO"), petition for review filed sub nom. U.S. Department of Agriculture and Farmers Home Administration Finance Office, St. Louis, Missouri v. FLRA, No. 86-2779 ( 8th Cir. Dec. 23, 1986). In FHAFO the Authority 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). The existence of alternative means of communication by the Union with the employees was considered irrelevant.

Accordingly, Respondents' arguments are rejected and the Motion for Summary Judgment filed by the General Counsel is granted. In view of the above, I conclude that Respondents violated sections 7114(b)(4) and 7116(a)(1), (5), and (8) of the Statute, and recommend that the Authority adopt the following:

ORDER

Pursuant to section 2423.29 of the Federal Labor Relations Authority's Rules and Regulations and section 7118 of the Statute, it is hereby ordered that the Veterans Administration, Washington, D. C., and Veterans Administration Medical and Regional Office Center, Fargo, North Dakota, shall: [ v30 p3 ]

1. Cease and desist from:

(a) Refusing to furnish, upon request by the American Federation of Government Employees, Local 3884, AFL - CIO, the exclusive representative 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 employees in the exercise of their rights assured by the Statute.

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

(a) Furnish the American Federation of Government Employees, Local 3884, AFL - CIO, the exclusive representative of its employees, with the names and home addresses of all bargaining unit employees.

(b) Post at all its facilities where bargaining unit employees represented by American Federation of Government Employees, Local 3884, AFL - CIO, 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 and Regional Office Center, Fargo, North Dakota, and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices to members of the bargaining unit represented by the American Federation of Government Employees Local 3884, AFL - CIO, 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 section 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, CO 80202, in writing, within 30 days of the date of this Order as to what steps have been taken to comply herewith.

Randolph D. Mason
Administrative Law Judge

Dated: September 28, 1987
       Washington, D. C.

[ v30 p4 ]

                      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 by the American Federation of Government Employees, Local 3884, AFL - CIO, the agent for the exclusive representative of bargaining unit employees, the names and home addresses of the bargaining unit employees.

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

WE WILL, upon request of American Federation of Government Employees, Local 3884, AFL - CIO, furnish the names and home addresses of all of the bargaining unit employees of the Veterans Administration Medical and Regional Office Center, Fargo, North Dakota.

                             ______________________________
                                  (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 wit