30:0443(56)CA - VA Medical Center, Fort Lyon, CO and Colorado Nurses Association, ANA, Fort Lyon Local -- 1987 FLRAdec CA



[ v30 p443 ]
30:0443(56)CA
The decision of the Authority follows:


30 FLRA No. 56

VETERANS ADMINISTRATION MEDICAL
CENTER, FORT LYON, COLORADO

              Respondent

      and

COLORADO NURSES ASSOCIATION
ANA, FORT LYON LOCAL

              Charging Party

Case No. 7-CA-70523

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in this case, finding that the Veterans Administration Medical Center, Fort Lyon, Colorado (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.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor - Management Relations 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, the exceptions, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order. See United States Department of Health and Human Services, Social Security Administration v. FLRA, Nos. 87-3513 (L), 87-3514, 87-3515 (4th Cir. Nov. 25, 1987), affirming Department of Health and Human Services, Social Security Administration, 24 FLRA 543 (1986); Department of Health and Human Services, Social Security Administration and Social Security Administration Field Operations, New York [PAGE] Region, 24 FLRA 583 (1986); Department of Health and Human Services, Social Security Administration, 24 FLRA 600 (1986).

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 Medical Center, Fort Lyon, Colorado shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the Colorado Nurses Association, ANA, Fort Lyon Local, 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 Colorado Nurses Association, ANA, Fort Lyon Local with the names and home addresses of all employees in the bargaining unit it represents.

(b) Post at its facilities where bargaining unit employees represented by the Colorado Nurses Association, ANA, Fort Lyon Local 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 Medical Center 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 writing, within [ v30 p2 ] 30 days from the date of this Order as to what steps have been taken to comply.

Issued, Washington, D.C., December 11, 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 Colorado Nurses Association, ANA, Fort Lyon Local, 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 Colorado Nurses Association, ANA, Fort Lyon Local 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, Federal Labor Relations Authority, whose address is: 535 16th Street, Suite 310, Denver, Colorado 80202 and whose telephone number is: (303) 837-5224. [PAGE]

VETERANS ADMINISTRATION
MEDICAL CENTER, FORT LYON,
COLORADO

              Respondent

    and

COLORADO NURSES ASSOCIATION,
ANA, FORT LYON LOCAL

              Charging Party

Case No. 7-CA-70523

Douglas D. Doane
         For the Respondent

Nicholas J. LoBurgio
         For the General Counsel, FLRA

Before: ELI NASH, JR.
        Administrative Law Judge

DECISION

Statement of the Case

This decision involves an unfair labor practice complaint issued by the Regional Director, Region VII, Federal Labor Relations Authority, Denver, Colorado, against the Veterans Administration Medical Center, Fort Lyon, Colorado (herein Respondent), based on a charge filed by the Colorado Nurses Association, ANA, Fort Lyon Local (herein the Union). The complaint alleged, in substance, that Respondent violated section 7116(a)(1), (5) and (8) of the Federal Service Labor - Management Relations Statute, 5 U.S.C. 7101 et seq. (the Statute), by refusing to furnish the Union, upon request, with the names and home addresses of certain bargaining unit employees represented by it pursuant to section 7114(b)(4) of the Statute. [PAGE]

Respondent's Answer admitted the jurisdictional allegations as to the Respondent, the Union, and the charge; that, on or about March 18, 1987 and April 2, 1987 respectively, the Union, the exclusive representative of a unit of Respondent's employees requested the names and home addresses of bargaining unit employees represented by it; that on or about March 25, 1987, Respondent furnished the Union with the names of certain bargaining unit employees requested by the Union; that on or about April 2, 1987, the union again requested the names and home addresses pursuant to section 7114(B)(4) of the Statute and that, on or about April 10, 1987, Respondent denied the Union's request for the information. Respondent's Answer, also admitted that the requested names and home addresses are normally maintained by the Respondent in the regular course of business; are reasonably available; and does not constitute guidance, advice, counsel or training provided for management officials or supervisors relating to collective bargaining. Accordingly, such matters are found to be established.

Respondent's Answer, denied however, that the information requested is necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining and, that its release is not prohibited by law. Respondent further denied any violation of the Statute.

On or about August 5, 1987, Counsel for the General Counsel moved for summary judgment and submitted a supporting brief. The Regional Director transferred the motion to the Chief Administrative Law Judge, pursuant to section 2423.22(b)(1) of the Regulations, and it was assigned to the undersigned for disposition pursuant to section 2423.19(k) and section 2423.22(b)(3) of the Regulations. Respondent to date has not filed any response to the motion for summary judgment.

Having considered the Complaint and Respondent's Answer, I find, for the reasons set forth hereinafter that there is no dispute as to any material fact and that this matter is appropriate for disposition by summary judgment.

Findings of Fact

1. The Union is the certified exclusive representative of an appropriate unit of certain of Respondents' staff nurses. [ v30 p2 ]

2. By letter dated March 18, 1987, the Union requested that Respondent furnish it with the names and home addresses of the staff nurses within the above-mentioned bargaining unit.

3. It is factually undisputed that the requested information is normally maintained by Respondent in the regular course of business, is reasonably available, and could not be found to constitute guidance, counsel or training provided for management officials or supervisors relating to collective bargaining.

4. On or about April 10, 1987, Respondent refused to furnish the Union the names and home addresses of the above noted bargaining unit employees.

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 employee to exclusive representatives on innumerable occasions. 1 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. [ v30 p3 ]

Respondent's Answer asserting that furnishing the requested information was not "necessary" and that disclosing the names and home addresses would be a violation of the Privacy Act, raises no new issues. It is therefore, my opinion that Farmers Home Administration Finance Office, St. Louis, Missouri, supra, is dispositive of the contentions raised by Respondent herein. As a result of the Authority's holdings in the cited cases, I am constrained to find that Respondent's defenses for its failure and refusal to furnish the Union with the requested information lacks merit. Accordingly, it is concluded that Respondent is 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 Respondent constitutes a violation of the Statute.

Inasmuch as there is no dispute as to any other material fact, it is concluded that this matter can be handled through the summary judgment procedure as proposed by the General Counsel. See Department of Health and Human Services, Region IV, Atlanta, Georgia 28 FLRA No. 141 (1987); Department of Energy, Western Area Power Administration, Golden, Colorado, 27 FLRA No. 90 (1987); Department of Health and Human Services, Region VII, Kansas City, Missouri, 27 FLRA No. 59 (1987); U.S. Food and Drug Administration, Region VII, Kansas City, Missouri, 27 FLRA No. 58 (1987).

Since the Union's request herein meets all the requirements established by section 7114(b)(4) of the Statute, Respondent's refusal to provide it with the names and home addresses in this matter violated section 7116(a)(1), (5) and (8) of the Statute.

In light of the foregoing, the General Counsel's motion for summary judgment is granted. Accordingly, it is 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 Veterans Administration Medical Center, Fort Lyon, Colorado shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the Colorado Nurses Association, ANA, Fort Lyon Local, the exclusive representative of [ v30 p4 ] 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 the rights assured them 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 Colorado Nurses Association, ANA, Fort Lyon Local.

(b) Post at the Veterans Administration Medical Center, Fort Lyon, Colorado, 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 Veterans Administration Medical Center, Fort Lyon, Colorado 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 IV, Federal Labor Relations Authority, in writing within 30 days from the date of this Order, as to what steps have been taken to comply herewith.

ELI NASH, JR.
Administrative Law Judge

Dated: October 8, 1987
       Washington, D.C.

[ v30 p5 ]

                                  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
            FEDERA